Repressed memories of sexual abuse--what's the statute of limitations ti file charges

[maray11]

CA
I was 7 or 8 when my brother sexually abused me. I am now 41 years old, I have not had much contact with him until last year when I helped him and his children while going through a contentious divorce. The memories returned when I had contact with him again. I also found out from my cousins that he had done the same to them when they were young. The abuse happened when we lived in the Philipines and we both now live in California.
He has been in and out of rehab for drugs and alcohol. He currentlylives a deviant sexual lifestyle. He lived with me and the children until I kicked him out. He left, the children stayed. He has weekend visits with them. There is no legal custody arrangement, just a simple Power of Attorney to me to allow me to care for them. Recently he as expressed the desire to take the kids. I worry about my niece as she has recently mentioned to me some sexual issues that cause her to be uncomfortable around him. She is 8.
What is the statute of limitations for any criminal or civil issues I can file against him?

[I AM ALWAYS LIABLE]

Originally Posted by maray11

CA
I was 7 or 8 when my brother sexually abused me. I am now 41 years old, I have not had much contact with him until last year when I helped him and his children while going through a contentious divorce. The memories returned when I had contact with him again. I also found out from my cousins that he had done the same to them when they were young. The abuse happened when we lived in the Philipines and we both now live in California.
He has been in and out of rehab for drugs and alcohol. He currentlylives a deviant sexual lifestyle. He lived with me and the children until I kicked him out. He left, the children stayed. He has weekend visits with them. There is no legal custody arrangement, just a simple Power of Attorney to me to allow me to care for them. Recently he as expressed the desire to take the kids. I worry about my niece as she has recently mentioned to me some sexual issues that cause her to be uncomfortable around him. She is 8.
What is the statute of limitations for any criminal or civil issues I can file against him?

My response:

Read, and make sure you thoroughly understand, California Code of Civil Procedure section 340.1

IAAL

Yea Im tired of 50 year old charges and people winning the lottery. But any way give it 3 years and no lottery.

These athiests to bring down the church is wrong, that is GODS BUILDING.

As in my belief WAR IS inourslves for thoswe that accept him as the SON ,

when it comes chief has the spirit to die dignified but other americans will scream wheres my car?
lol

[I AM ALWAYS LIABLE]

My response:

Next stop for "itsacatsworld" - - the Looney bin.

I think Geisterhund could use a roommate. Are you thinking of moving in?


IAAL

[CdwJava]

Originally Posted by maray11

The abuse happened when we lived in the Philipines and we both now live in California.

You will have to check with the courts in the Phillipines as that is the nation and court system with jurisdiction. If the abuse did not happen in CA then it cannot be prosecuted here ... and the SOL has expired.

These "repressed memory" cases never go anywhere without a confession anyway.

- Carl

[rmet4nzkx]

Repressed memories can be problematic to prosecute after such a long time, so you personally have no cause of action against him for what he may have done to you. However you can take some actions to protect the children.

Since you have an informal custody arrangement and POA I suggest you petition the court for guardianship and legally formalize what you have in place. When you do that you can also petition for child support and supervised visitation. You can also contact CPS and report him if he has contact with minors, they can investigate. Please note that even though you report to CPS, they don't always investigate the first time they get a report, but it is important to report what you know and the history. If there are any injuries while he is visiting, take the child to a doctor immediately, they are mandated reporters. Don't question the children about suspected sexual abuse, please call the police and allow them to investigate because children's testimony can be influenced by improper questioning.

[url]http://www.religioustolerance.org/rmt_intro.htm[/url]

Repressed/recovered memories is nothing but a hoax....

[CdwJava]

Originally Posted by seniorjudge

[url]http://www.religioustolerance.org/rmt_intro.htm[/url]

Repressed/recovered memories is nothing but a hoax....

Well ... yes and no.

I DO know people who have suppressed memories of traumatic events and they have been brought forth again by triggering events. However, I do not buy the majority of these cases where there is a sudden revelation or discovery - while in therapy - that they were abused in the past.

Repressed memories DO exist ... they exist in people that have suffered violent trauma, acts of violence, images they wish to remove from their memory, etc. I have known people who were shot - and even who DID the shooting - who would repress memories of the events and honestly could recall nothing of the event until something else brought those memories out. I also personally know of sexual assault and molest victims where the same thing has happened. So they DO exist. The problem is that there is no way to truly discern what might be a suppressed memory and what might be created by the suggestion of the counselor or others.

- Carl

Originally Posted by CdwJava

...Repressed memories DO exist ....

Who are you and what were we talking about?

[rmet4nzkx]

Memories can be repressed, events may occur too early in life for a child to remember independently, memories can be induced. Sexual abuse can and does occur, however, without forensic evidence and timely reporting is difficult to prove. More often than not, if the child is old enough to form a memory of such an event, BTW most first memories of events are usually triggered by trauma, they don't speak to others about it which is different than being repressed. I've heard many stories of sexual abuse in the consultation room and no repressed memories, although I did have one client who after his mother read a book about memories of repressed sexual abuse wanted to turn his momory of his father tickling his belly into a sexual event because he liked pounding on his cobbler's bench, a toy designed for that purpose.

Originally Posted by rmet4nzkx

...Memories can be repressed....

Who are you and what were we talking about?

One of the main reasons that I am so skeptical about this repressed memories business is that (for example) if a shooter says that he does not recall the shooting, the only the proof is the shooter's statement about his own memory.

Human beings are exceptionally unreliable witnesses, even to their own actions.

To prove my point, take this test:

When viewing the video, try to count the total number of times that the people wearing white pass the basketball. Do not count the passes made by the people wearing black.

[url]http://viscog.beckman.uiuc.edu/grafs/demos/15.html[/url]