Statute of limitations

What is the name of your state? California
Greetings. I just learned about a very serious case of sexual abuse by a neighbor of the victim that was never reported. The events happened between 14 and 11 years ago, so according to current California law, the statute of limitations has run out. (For those not up on current events, the law extending the statute of limitations on sexual abuse cases was just overturned here).

My concern is that this offender is still living in that community, and as far as I know, is not a registered sex offender. Is there some way to file a report with the police without pressing charges? If this offender ever commits another crime like this, I believe that this victim would be able to offer evidence. I would also think that this offender is a person who shouldn't, for instance, be working with children.

According to someone I asked, if the statute of limitations is up, then it is like the crime was never committed. But wouldn't this victims information be relevant if the perpetrator ever re-offends, or is re-offending right now?

californiagrl said:

What is the name of your state? California
Greetings. I just learned about a very serious case of sexual abuse by a neighbor of the victim that was never reported. The events happened between 14 and 11 years ago, so according to current California law, the statute of limitations has run out. (For those not up on current events, the law extending the statute of limitations on sexual abuse cases was just overturned here).

My concern is that this offender is still living in that community, and as far as I know, is not a registered sex offender. Is there some way to file a report with the police without pressing charges? If this offender ever commits another crime like this, I believe that this victim would be able to offer evidence. I would also think that this offender is a person who shouldn't, for instance, be working with children.

According to someone I asked, if the statute of limitations is up, then it is like the crime was never committed. But wouldn't this victims information be relevant if the perpetrator ever re-offends, or is re-offending right now?

Click to expand...

My response:

No. For all intents and purposes, the alleged "crime" never occurred to your neighbor's friend. The statute of limitations is long ago expired, and there's no more evidence of the alleged crime. So, a report by the police cannot be accepted.

Also, be extremely careful with who you discuss this matter, and the same goes for your neighbor and the alleged victim. The alleged perpetrator may decide to sue each or all of you for slander and punitive damages.

IAAL

The law extending the statute of limitations was NOT overturned. In Stogner, the US Supreme Court held that the law which extends the statute of limitations, Penal Code section 803(g), cannot be applied to revive the statute of limitations for crimes whose statute of limitations had expired before January 1, 1994, when section 803(g) was passed. For example, if a person committed a molest in 1967, the statute would have expired in 1970 (it was 3 years at the time), well before 1994, so section 803(g) cannot be applied to him. On the other hand, if someone committed a molest in 1990, the statute would expire in 1996 (it is now 6 years), which means it had not expired by January 1, 1994. Therefore the extended statute of limitations can be applied to that crime.

Legalese aside, he can still be prosecuted under section 803(g). The victim should report him to the police.