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To: LibWhacker
FYI:

What Are the California Statutes of Limitation on Sexual Assault Crimes?

Though California law does impose statutes of limitation (SOLs) on some of its sexual abuse crimes, it important to remember that there are many legal loopholes in play that can usually allow a victim to bring their case anyway. Though there is new legislation in play in California, (discussed in detail below) those alleging sexual assault are bound to the statute of limitations that was in place at the time of the alleged crime is the one that will be applied to their case.

After deciding to seek legal representation, victims must then decide whether they wish to pursue a civil or criminal suit against their alleged assaulter. Civil lawsuits differ from criminal lawsuits in that individuals file lawsuits instead of government authorities to punish liable parties by recovering compensation for damages. The statutes of limitation differ depending on which avenue a victim takes, so it’s important to consult a California attorney about which type of suit you may be facing.

Civil Sexual Assault Lawsuits in California

To seek damages for harm resulting from sexual abuse, an individual must file a civil lawsuit. If filing a civil sexual abuse suit against a private entity (i.e., an individual), a California victim must file the claim within 8 years of reaching majority. The age of majority in California is 18, so the person alleging abuse must file the lawsuit before reaching age 26. There is an exception to this rule, however, based on the later discovery of sexual abuse or its damages. In the event that a victim has repressed the memory of the abuse or does not experience its effects until many years later, a victim is granted an additional 3 years to bring the claim.

For suits against government entities, a much stricter limit applies. When a government entity is a party, civil suits must be filed within 6 months of the event.

Criminal Sexual Assault Lawsuits in California

For criminal cases in California, a prosecutor may file a charge of aggravated rape at any time, with no SOL in place. An aggravated rape is one that involves a weapon, more than one person, or serious bodily injury to the victim. For a non-aggravated rape, the SOL is 6 years. Due to a technological advancement in DNA analysis, there is another loophole available to extend the SOL. If a DNA test can conclusively prove the identity of a rapist, prosecution can take place within one year of the discovery.

In cases involving child molestation, a longer 10 year SOL applies. There is yet another exception to this rule. Even after the 10 year mark has passed, the crime can also be prosecuted within one year of whenever the victim tells the police about the crime. This exception may appear to swallow the 10-year rule and make it effectively pointless, but it remains in place in California legislature.

5 posted on 09/21/2018 1:30:36 PM PDT by Know et al ( Keep on Freepin'!!!)
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To: Know et al

I believe Judge BK should sue the bejesus out of Ford for lying and denigrating his character.

I’d be very happy if she was left destitute and homeless over it.


7 posted on 09/21/2018 4:01:15 PM PDT by Boomer
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