Statute of limitations for molestation??

[janie1980]

Florida.

I was molested by my uncle when I was 14. It physically happened only a few times, but it verbally happened (over the phone) repeatedly until I was 24. It also happened to my sister when she was 16. He was 32 at the time it began. He also had apparently done this before to his step-sister.

I basically just want him registered as a sex offender. I know he works around kids sometimes and I'm scared that if I continue to do nothing, something may happen to one of them. He ruined a huge part of my life and I couldn't live with myself if I let it happen to anyone else.

My question is if there is a statute of limitation on this. I live in Florida now, it happened in Georgia and California. He lives in California. I am 27 now. Thank you all for you help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[xylene]

Report what happened to you and your additional allegations to the California police.

Don't concern yourself with the statute of limitations.

This guys needs to be on the radar.

 

[janie1980]

Thank you for your reply. I just called RAINN. Someone there from California said that the cut off age is 25. So... I guess maybe he was smart about this whole thing and wanted to keep my mouth shut until I was older... I am really discouraged.

 

[antrc170]

The statute of limitations is going to be dependant on your definition of "molestation". If he physically touched you in a sexual manner, that is one crime. If he engaged in sexual activity, that is another. Without further specific information it will be difficult to give a specific answer.

What I do have for you is this:
CA 261 deals with rape, which involves sexual penetration. (oraly, anally, vaginally).
CA 243.4 deals with sexual abuse, the unwanted touching in a sexual manner

CA 801 gives the statute of limitations on 261 as 3 yrs, however, CA 801.8 tolls the limit to anytime before the victims 28th birthday if the abuse occurred outside the noted statue in 801.

The statute of limitations for 243.4 is one year because it is a misdemeanor.

I hope that information helps you.

 

[janie1980]

It was rape, penetration. That occured when I was 14, 15, and 16. And the unwanted touching and verbal stuff started at around 12.

 

[antrc170]

It was rape, penetration. That occured when I was 14, 15, and 16. And the unwanted touching and verbal stuff started at around 12.

That being the case you need to file a complaint in CA for the offense. According to the CA statutes the limitations expires when you turn 28, so do it quickly.

 

[janie1980]

Thank you so much! So, since it happened in Georgia AND California should I file a complaint in both states?

 

[antrc170]

Absolutely file in both states, I didn't check Georgia statutes on the limitations there, but it doesn't seem to be expired in CA. I suggest talking to a lawyer as soon as possible to file the complaint.

 

[janie1980]

Thank you for your help. I called the LA police department close to where he lives, waiting on a call back. So, I need to go through a lawyer, not the police?

 

[antrc170]

Thank you for your help. I called the LA police department close to where he lives, waiting on a call back. So, I need to go through a lawyer, not the police?

You can go through the police dept without a lawyer, however, since you don't live in CA anymore I suggest having a local attorney in CA available for court related matters.

 

[xylene]

He did this do you, and you suspect strongly he did this to others.

This is a serial criminal pedophile.

The police will take it seriously, even if they are unable to act criminally about your allegations. They may have a big case load, but putting this guy on their radar will protect others.

I hope you are able to work things out.

Best wishes.

 

[janie1980]

Thank so much everyone. Support is an amazing thing