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Statutue of Limitations for Child Molestation

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AidanMead

Junior Member
Statute of limitations: The answer (civil)

(Again, this is the law, but YOU NEED AN ATTORNEY TO EXPLAIN HOW THE COURTS HAVE INTERPRETED THE LAW. DON'T TRY TO FIGURE THIS OUT FOR YOURSELVES...YOU DO SO TO YOUR OWN DETRIMENT).

COLORADO REVISED STATUTES
C.R.S. 13-80-108 (2009)

13-80-108. When a cause of action accrues


(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.
 


CdwJava

Senior Member
Why do people keep necroposting to this thread?
Beats me.

The original poster is long gone, and anyone can read the statutes. Of course, since the OP never came back to say whether this happened in CO or KS, maybe Alan should also post the SOL statutes from KS so as to complete the public service

And, of course, we really do not know what actually happened.

Aldan it is easy to post pages of statutes but without some detail to focus it, we really do don't know what kind of crime was committed and many readers may not be able make heads or tails of it. It may not have even constituted "rape" or "molestation" under CO or KS law. We do not know. Posting the statutes is neat and all, but many people who come here probably cannot always interpret them.

And, of course, speaking to an attorney is the best avenue. I don't see that anyone has ever said otherwise.
 

SassyFrassy

Junior Member
Statute of limitations

I couldn't agree with AidenMead more, about the necro-posting, as it was called.:rolleyes: I happened to be looking for answers to the same question the original poster had, just in a different state, and stumbled on this. I registered just to give MHO as someone who is searching for answers. Many times I've searched for answers to many different things and ran across old threads with the answers because someone just like me had already asked.
Never stop giving answers to a thread even if you don't believe the original poster may or may not come back to view. Someone else may be looking for the same answers.
The State I'm looking for the answers on is Arkansas. I did find out that in Arkansas, the child has 7 yrs after reaching legal age to file charges. I have to ask, "Why is there a statute of limitations at all on any crime against a child?" IMPO, this should be changed. :mad:
 

Proserpina

Senior Member
I couldn't agree with AidenMead more, about the necro-posting, as it was called.:rolleyes: I happened to be looking for answers to the same question the original poster had, just in a different state, and stumbled on this. I registered just to give MHO as someone who is searching for answers. Many times I've searched for answers to many different things and ran across old threads with the answers because someone just like me had already asked.
Never stop giving answers to a thread even if you don't believe the original poster may or may not come back to view. Someone else may be looking for the same answers.
The State I'm looking for the answers on is Arkansas. I did find out that in Arkansas, the child has 7 yrs after reaching legal age to file charges. I have to ask, "Why is there a statute of limitations at all on any crime against a child?" IMPO, this should be changed. :mad:

Start your own thread, and save the rollyeyes.

Thanks!

(I mean..you DO realize that State laws can change every single year, right? That what might have been the law in 2010 may not be applicable now?)
 

swalsh411

Senior Member
I have to ask, "Why is there a statute of limitations at all on any crime against a child?" IMPO, this should be changed. :mad:
Because people accused of crimes also have rights, and it's very hard to defend yourself against a charge of something that happened so long ago.

This thread has been necoposted to no less then 5 times.
 

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