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Thread: Statutue of Limitations for Child Molestation

  1. #1
    mlek is offline Junior Member
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    Exclamation Statutue of Limitations for Child Molestation

    undefinedWhat is the name of your state? Colorado

    Several people in my family were the victims of child abuse by a close relative. The abuse occurred in Colorado.

    What is the Statute of Limitations for coming forward with charges?

    Thank you.
  2. #2
    stephenk is offline Senior Member
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    how long ago did it start? was it all in Colorado?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  3. #3
    mlek is offline Junior Member
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    Child Rape/Molestation

    Colorado, Kansas

    Believe the molestation started while we lived in Kansas. Brother regularly abused all three of us, myself and my two sisters. I was 7 or younger when it started.

    My father told me this week that he knew this was going on. I was in so much shock at the time he told me, I didn't respond. I have just started therapy and counseling to deal with this. He said it was "kids being kids". My older sister is bi-polar and my younger sister has had to deal with many issues in her life. I am so upset I don't feel like I want to have anything more to do with my parents, who now need our assistance, financially, etc. I cannot believe that parents would not protect their children. My brother became an alcholic, and my sisters and myself exhibitied promiscouous (sp)behavior as teens.

    I have become very protective of my own children, consequentually. (sp)

    I feel like I have become violated all over again, with this newest revelation!

    Thanks for any advice you can give me. MLEK
  4. #4
    CdwJava is offline Senior Member
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    Aside from counseling, what are you hoping to do? Prosecute your brother?

    In my experience making a criminal case out of something that happened 15 or more years ago is impossible. Plus, since the molestation was known by you as an adult prior to speaking to your father, it is very likely that the Statute of limitations tolled long ago.

    Depending on the ages of the parties at the time and the years that have passed, it may not be realistic to even HOPE that a DA could ever bring this to court. To even begin making a case, you, your siblings, and your father would have to make statements as to approximate times and dates, and this is going to be a very tough thing to do.

    And with siblings who have had histories of trouble and maybe mental health problems, there is an even slimmer chance of making case even if the SOL has not tolled.



    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  5. #5
    Happy Trails is offline Senior Member
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    Quote Originally Posted by mlek
    Colorado, Kansas

    Believe the molestation started while we lived in Kansas. Brother regularly abused all three of us, myself and my two sisters. I was 7 or younger when it started.

    My father told me this week that he knew this was going on. I was in so much shock at the time he told me, I didn't respond. I have just started therapy and counseling to deal with this. He said it was "kids being kids". My older sister is bi-polar and my younger sister has had to deal with many issues in her life. I am so upset I don't feel like I want to have anything more to do with my parents, who now need our assistance, financially, etc. I cannot believe that parents would not protect their children. My brother became an alcholic, and my sisters and myself exhibitied promiscouous (sp)behavior as teens.

    I have become very protective of my own children, consequentually. (sp)



    I feel like I have become violated all over again, with this newest revelation!

    Thanks for any advice you can give me. MLEK
    In Colorado--
    Statute of limitations for prosecution must commence within 10 years of it's commission. There isn't a statute of limitations in cases where there is DNA evidence identifying the defendant, provided that the offense is reported within ten years of its commission.

    Statute of limitations for civil action has to be filed within 6 years after the victim has reached the age of majority or removal of a disability as defined by the statute. Colorado statute 13-80-103.7

    In Kansas--
    Statute of limitations for prosecution may commence within 5 years after the commission of rape.

    Statute of limitations for civil action the victim has 3 years from the age of majority or three years from the date the victim realizes that they have suffered an injury or illness caused by sexual abuse. Kansas statute--60-523

    Some states have statutes in which a third party knowing of the abuse could be charged. I was unable to find if Kansas or Colorado had a statute on that. (Doesn't mean they don't.)


    I hope you seek counceling. I don't blame you for feeling betrayed.

    [url]http://www.ccasa.org/resources.cfm[/url]
  6. #6
    pamban25 is offline Junior Member
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    Statutue of Limitations for Child Molestation

    There are time limitations on both when you can prosecute criminally AND sue civilly or sexual abuse. However, It is important to remember that the criminal statute of limitations that applies is the one that was in place at the time of the crime itself. Example: A man commits an act of molestation in 1965, when there was a 3 year statute of limitation on the crime. In , the legislature removes the statute of limitations from child molestation. The man can still not be prosecuted, because the statute of limitations had expired before the law was changed. If the law had been changed in 1968, however, he could be prosecuted.
    -----------------
    Pamban23
    Last edited by m martin; 09-01-2008 at 01:01 PM.
  7. #7
    Farfalla is offline Member
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    You were abtu 7 when it started. How old was the offending brother when this started?
  8. #8
    CdwJava is offline Senior Member
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    The original post, here, was almost 3 1/2 years ago. I suspect the original poster is long gone.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    truthandhonor is offline Member
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    Quote Originally Posted by Happy Trails View Post

    Statute of limitations for civil action has to be filed within 6 years after the victim has reached the age of majority or removal of a disability as defined by the statute. Colorado statute 13-80-103.7

    [url]http://www.ccasa.org/resources.cfm[/url]


    Ask this wonderful father if, aside from letting your be injured, does he intend to also let his miscreant son convince him to disinherit you? Abusive men use money, power, and control to manipulate and isolate the victim. This dynamic is prevelent in our society more than people may realize.

    If it were me, I'd have a talk with "Dad" and tell him what damage this did to you although he may just not care still. Ask him if he also intends to disiniherit you now that this has come to light of what he condoned. Yet that is just what this miscreant son of his wants you to do so he can have a good excuse to get wonderful father to disinherit you so he keeps the money all to his alcoholic self. This bascialy happened to my three sisters but not me. He couldn;t get away with that one but he found a way to steal my inerhitance ulitmatly by pushing his way in as trustee then lying to my mother when she set up the trust that I cannot have money or holdings because I am on SSI like my sister which is the furthest thing from the truth. I dragged him into court. They are doing everything to disctredit me and bully me to get me to drop the case because they have no leg to stand on. Set the record straight with the "Dad" now. Do not let your miscreant siblings control you after he is dead Dad puts their sorry selves in as trustees like mine did. Tell "Dad" to rot in **** if you can afford to take the risk of being disinherited like my sisters were, and make his miscreant son sacrifice time and money. If miscreant abusive sons get themselves in as trustees, you can have them removed on the basis they are abusive to you (here in CA law) but it will cost you tens of thousands of dollars to do it. Take your power back and make your future a better one. You've been demeaned enough! Don't be a door mat to these types of men or anyone who is a taker. Use every legal means to seek redress.

    Does anybody know the SOL in Calfornia with regard to the above and "removal of a disability?" I just wonder if abused women who do come off disability are permitted to seek redress?
    Last edited by truthandhonor; 08-30-2008 at 10:19 AM.
  10. #10
    seniorjudge is offline Senior Member
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    Quote Originally Posted by truthandhonor View Post
    Ask this wonderful father if, aside from letting your be injured, does he intend to also let his miscreant son convince him to disinherit you? Abusive men use money, power, and control to manipulate and isolate the victim. This dynamic is prevelent in our society more than people may realize.

    If it were me, I'd have a talk with "Dad" and tell him what damage this did to you although he may just not care still. Ask him if he also intends to disiniherit you now that this has come to light of what he condoned. Yet that is just what this miscreant son of his wants you to do so he can have a good excuse to get wonderful father to disinherit you so he keeps the money all to his alcoholic self. This bascialy happened to my three sisters but not me. He couldn;t get away with that one but he found a way to steal my inerhitance ulitmatly by pushing his way in as trustee then lying to my mother when she set up the trust that I cannot have money or holdings because I am on SSI like my sister which is the furthest thing from the truth. I dragged them into court. They are doing everything to disctredit me and bully me. Set the record streight with the fam now. Tell "Dad" to rot in **** if you can afford to take the risk of being disinherited like my sisters, and make his miscreant son sacrifice time and money. You've been demeaned enough! Don't be a door mat to these types of men or anyone who is a taker. Use every legal means to seek redress.

    Does anybody know the SOL in Calfornia with regard to the above and "removal of a disability?" I just wonder if women who do come off disability are permitted to seek redress?
    Why are you necroposting?
    There are two rules for success:

    (1) Never tell everything you know.
  11. #11
    truthandhonor is offline Member
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    Why am I "necrosposting?" Because I am researching and trying to learn about the laws so I can better know my rights, if you don't mind, and I forgot to read the date. Does that answer your question?
  12. #12
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by truthandhonor View Post
    Why am I "necrosposting?" Because I am researching and trying to learn about the laws so I can better know my rights, if you don't mind, and I forgot to read the date. Does that answer your question?
    Read the OP date before responding. If the OP date is more than a couple of weeks old with no new activity do not respond.
  13. #13
    justmeme is offline Junior Member
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    Statute Of Limitations For Molestion

    It is too bad there is SOL ... especially if a doctor or anyone can substantiate that this happened. Before a person gets out of possible "blackout" period and realizes they can sue, of course the SOL happens! Awful.
    Having been the "toy" to abuse as a young child adopted puts double whammy on this situation. I went through the promiscuity as teen and severe trust issues from this. I am now older and fine, but sometimes the hurts still creep up. I researched here because of monies and assets very likely being stolen from me as I am writing this.
    I was adopted (California), and the executor of estate brother (offender) is now making all heirlooms and funds disappear at the death of the adopted mother!
  14. #14
    Zigner is offline Senior Member
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    Quote Originally Posted by justmeme View Post
    It is too bad there is SOL ... especially if a doctor or anyone can substantiate that this happened. Before a person gets out of possible "blackout" period and realizes they can sue, of course the SOL happens! Awful.
    Having been the "toy" to abuse as a young child adopted puts double whammy on this situation. I went through the promiscuity as teen and severe trust issues from this. I am now older and fine, but sometimes the hurts still creep up. I researched here because of monies and assets very likely being stolen from me as I am writing this.
    I was adopted (California), and the executor of estate brother (offender) is now making all heirlooms and funds disappear at the death of the adopted mother!
    This thread started over 5 years ago!
    Please, don't necropost
  15. #15
    AidanMead is offline Junior Member
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    Statute of limitations: The answer

    No one had better ask why I'm "necro-posting" as you call it.
    Not one of you non-lawyers ever provided that person with the right answer. She may have been able to prosecute for the crimes committed against her as a child. No one got enough facts from her to determine if she could or could not. For all future people who want to know the Colorado law regarding statutes of limitations, I've posted it below: As a caveat for anything you read on the internet, DO NOT RELY ON BLOGGERS (hell, even me) CONTACT A LAWYER WHO IS BARRED IN YOUR STATE, USUALLY SOMEONE IN THE [CITY] BAR ASSOCIATION. These people who replied to that woman may have done her and all subsequent readers a great disservice. They could have possibly even ruined lives. You wouldn't ask an ignorant bum on the street to perform a surgical operation on you. Don't do the same with your legal rights. Here is the Colorado Law:


    COLORADO REVISED STATUTES

    C.R.S. 16-5-401 (2009)

    16-5-401. Limitation for commencing criminal proceedings and juvenile delinquency proceedings


    (1) (a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:

    Murder, kidnapping, treason, any sex offense against a child,

    and any forgery regardless of the penalty provided:No limit

    Attempt, conspiracy, or solicitation to commit murder;

    attempt, conspiracy, or solicitation to commit kidnapping;

    attempt, conspiracy, or solicitation to commit treason;

    attempt, conspiracy, or solicitation to commit any sex offense

    against a child; and attempt, conspiracy, or solicitation

    to commit any forgery regardless of the penalty provided:No limit

    Vehicular homicide and leaving the scene of an

    accident that resulted in the death of a person:Five years

    Other felonies:Three years

    Misdemeanors:Eighteen months

    Class 1 and 2 misdemeanor traffic offenses:One year

    Petty offenses:Six months

    (b) Repealed.

    (c) For purposes of this section:

    (I) "Delinquent act" has the same meaning as defined in section 19-1-103 (36), C.R.S.

    (II) "Juvenile" means a child as defined in section 19-1-103 (18), C.R.S.

    (III) "Petition in delinquency" means any petition filed by a district attorney pursuant to section 19-2-512, C.R.S.

    (IV) "Sex offense against a child" means any "unlawful sexual offense", as defined in section 18-3-411 (1), C.R.S., that is a felony.

    (1.5) (a) Except as otherwise provided in paragraph (b) of this subsection (1.5), the provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children shall apply to offenses and delinquent acts committed on or after July 1, 1996.

    (b) The provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children shall apply to an offense or delinquent act committed before July 1, 1996, if the applicable statute of limitations, as it existed prior to July 1, 2006, has not yet run on July 1, 2006.

    *******************************************
    [SECTIONS DELETED (GO LOOK UP THE ACTUAL LAW TO SEE WHAT IS MISSING)]
    *******************************************

    (6) Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children, the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional seven years as to any offense or delinquent act charged under section 18-3-402 or 18-6-403, C.R.S., or charged as criminal attempt, conspiracy, or solicitation to commit any of the acts specified in said sections.

    (7) When the victim at the time of the commission of the offense or delinquent act is a child under fifteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional three years and six months as to a misdemeanor charged under section 18-3-404, C.R.S., or criminal attempt, conspiracy, or solicitation to commit such a misdemeanor.

    (8) (a) Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children and except as otherwise provided in paragraphs (a.3) and (a.5) of this subsection (8), the period of time during which an adult person or juvenile may be prosecuted shall be ten years after the commission of the offense or delinquent act as to any offense or delinquent act:

    (I) Charged under section 18-3-402, C.R.S., section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-6-403, C.R.S.;

    (II) Charged as a felony under section 18-3-404, C.R.S.; or

    (III) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraphs (I) and (II) of this paragraph (a).

    (a.3) Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, if the victim at the time of the commission of an offense or delinquent act is a child under eighteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be ten years after such victim reaches the age of eighteen years as to any offense or delinquent act:

    (I) Charged as a felony under section 18-3-402, C.R.S., section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-3-404, C.R.S.; or

    (II) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I) of this paragraph (a.3).

    (a.5) Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, in any case in which the identity of the defendant is determined, in whole or in part, by patterned chemical structure of genetic information, and in which the offense has been reported to a law enforcement agency, as defined in section 26-1-114 (3) (a) (III) (B), C.R.S., within ten years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense as to any offense charged:

    (I) Under section 18-3-402, C.R.S., or section 18-3-403, C.R.S., as said section existed prior to July 1, 2000; or

    (II) As criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I) of this paragraph (a.5).

    (b) This subsection (8) shall apply to offenses and delinquent acts committed on or after July 1, 1984.

    (9) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be five years after the commission of the offense or delinquent act as to a misdemeanor charged under section 18-3-404, C.R.S., or criminal attempt, conspiracy, or solicitation to commit such a misdemeanor. This subsection (9) shall apply to offenses and delinquent acts committed on or after January 1, 1986.

    (10) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be three years after the date of the affected election as to a charge of any violation of any provision of the "Fair Campaign Practices Act", article 45 of title 1, C.R.S., or any criminal attempt, conspiracy, or solicitation to violate any provision of the "Fair Campaign Practices Act". This subsection (10) shall apply to offenses and delinquent acts committed on or after July 1, 1991.

    (11) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be three years after the discovery of the offense or delinquent act as to any offense or delinquent act charged under section 18-4-408, C.R.S. This subsection (11) shall apply to offenses and delinquent acts committed on or after July 1, 1998.

    (12) The applicable period of limitations specified in subsection (1) of this section shall not apply to charges of offenses or delinquent acts brought to facilitate the disposition of a case, or to lesser included or non-included charges of offenses or delinquent acts given to the court or a jury at a trial on the merits, by the accused.

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