QUESTION
Can someone be charged with molestation years after it happened?
Asked on Nov 09th, 2011 on Criminal Law - Pennsylvania
More details to this question:
Can someone be charged with molestation 15 years after it happened? When I was between the ages of 7-13, I was molested by my stepfather. I am 26 now and was wondering if anything can be done.
23 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes.
Answered on Jun 02nd, 2013 at 9:46 PM
3 words: Statute of Limitations.
Answered on Jun 02nd, 2013 at 9:46 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 02nd, 2013 at 9:43 PM
The statute of limitations for a child abuse offence is the life of the child victim. This means that if the victim of the abuse is alive then the abuser can be charged and prosecuted.
Answered on Nov 14th, 2011 at 3:22 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Many factors will go into this. You should schedule an appointment to speak with the county prosecutor in the county where the incident took place to see what their view is of whether charges are appropriate. I hope that this was helpful.
Answered on Nov 14th, 2011 at 11:35 AM
3 Awards
Absolutely. Statute of limitations starts to run at the outcry.
Answered on Nov 11th, 2011 at 9:36 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Criminal limitations periods: There is no time limit for class A felonies. For all other felonies the time limit is five years. For misdemeanors the time limit is two years and the time limit is one year for violations. There are no time limits on warrants. So, it depends on the severity a of what he can be charged with.
Answered on Nov 11th, 2011 at 9:07 PM
Criminal Trial Practice Attorney serving Buffalo, MN
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Buselmeier Law & Associates, P.A.
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Yes, there is no statute of limitations for sexual assault.
Answered on Nov 11th, 2011 at 2:12 PM
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I think you can still go after him. I believe you only have another 2 years. Speak with the DA in the county where this happened. There may also be a civil case if he has money.
Answered on Nov 11th, 2011 at 1:53 PM
In New York, there is no statute of limitations for prosecuting first-degree rape, first-degree criminal sexual act, or first-degree course of sexual conduct against a child (NY CPL 30.10 (2) (a)). A person is generally guilty of the latter crime if he or she engages in at least two acts of sexual conduct with a child under age 13 over a period of at least three months (NY Penal Code 130.75). In both states, the statute of limitations for prosecuting other sexual crimes against children begins to run after the victim reaches age 18. In New York, the statute of limitation for other sexual offenses committed against a child under age 18 is five years after the victim reaches age 18, or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever is earlier (NY CPL 30.10 (2) (b), (3) (e), and (3) (f)). Therefore, it will depend on the severity of the molestation that was committed against you and whether it would be classified as a type of crime listed above that would be excluded from the statute of limitations. If it does not fall under the types of acts above, then it appears you are beyond the statute of limitations, as it has now been more than 5 years since you have turned 18.
Answered on Nov 11th, 2011 at 1:33 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
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There is no Statute of Limitations on Capital offenses. I believe that the acts of physically molesting (sexually abusing) a child under 12 could be charged as a Capital offense.
Answered on Nov 11th, 2011 at 9:56 AM
It would depend what was done to you and the applicable statute of limitations. If you want to pursue the matter, you should talk to the police. They will be in a better position to determine if anything can be done.
Answered on Nov 11th, 2011 at 9:28 AM
Keeley D. Heath
It depends upon the degree of the crime. There is no statute of limitations on criminal sexual conduct in the first degree. You are, however, beyond the statute of limitations on other sex crimes.
Answered on Nov 11th, 2011 at 9:25 AM
Contact law enforcement. The Statute of limitations is tolled until you reach your majority so charges might yet be brought.
Answered on Nov 11th, 2011 at 9:16 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You have until you are 28. You should go now to make the report.
Answered on Nov 11th, 2011 at 9:12 AM
Yes, but statute of limitations do apply. Some states toll the time running until the victim, if a child, reaches maturity. You should call the local county attorney's office and determine if the statute of limitations has run in your area. Get into whatever counseling you need to help deal with this event in your life and go on. Victim's reparation funds do exist that can go after the offender even if he wasn't charged. Good luck to you in the future.
Answered on Nov 11th, 2011 at 9:10 AM
There is no statute of limitations on felonies in Maryland. In other words, someone can be charged 5, 10 or 100 years later.
Answered on Nov 11th, 2011 at 8:57 AM
Daniel Kieth Martin
Anyone can be charged with just about anything. The question is can the prosecution prove the case. The statue of limitation for molestation is different from other types of cases. Contact a criminal defense lawyer to discuss options for the person.
Answered on Nov 11th, 2011 at 8:50 AM
Criminal Law Attorney serving Orlando, FL
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There is no statute of limitations on that charge. You can call the police.
Answered on Nov 11th, 2011 at 8:25 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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With some exceptions, the statute of limitations starts running upon the victim's 18th birthday. You would need to consult with your attorney and, after understanding the process, contact the District Attorneys office. It should be very difficult for you in the short term, however long term it might help with your healing. In addition to consulting with an attorney it might not be a bad idea to work with a doctor as well.
Answered on Nov 11th, 2011 at 8:25 AM
Michael J. Breczinski
You would have to talk to the police about that.
Answered on Nov 11th, 2011 at 7:46 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Each state has a different statute of limitations on molests.
Answered on Nov 11th, 2011 at 3:11 AM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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This is not a criminal defense question. Speak to law enforcement officials.
Answered on Nov 11th, 2011 at 2:53 AM