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July 31, 2010, 12:42:19 AM

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Site Author : Topic: Child molestation  (Read 846 times)
January 22, 2010, 03:16:59 PM
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I have a client who was molested as a child.  The accused has admitted same.  What are the time limits for criminal prosecution?  The acts occurred in CA and LA.  The victim would like to at the very least have this person have to register as a sex offender b/c he very often has children in his home.  Any information is greatly appreciated.
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January 25, 2010, 01:12:31 AM
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Here's the info, but they don't have to register as an offender unless convicted, and the longer after the incident, the harder it is to convict. Also, we don't do CA law, their laws may differ significantly.
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LA. CODE CRIM. PROC. art. 571.1 Time limitationfor certain sex offensesFor the following offenses committed against avictim under 17, 30-year time limit which begins to run when victim attains the age of18:• Sexual battery (§ 14:43.1)• Second degree sexual battery (§ 14:43.2)• Oral sexual battery (§ 14:43.3)• Felony carnal knowledge of a juvenile(§ 14:80)• Indecent behavior with juveniles (§ 14:81)• Molestation of a juvenile (§ 14:81.2)• Crime against nature (§ 14:89)• Aggravated crime against nature (§14:89.1)• Incest (§ 14:78)
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My life has been crazier than a work of fiction.....who'da believed?
February 12, 2010, 07:25:39 PM
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Seems like I read somewhere one time that it takes many victims about that long to sort it all out in their minds, face it, move past denial and fear of rejection and being not believed; and finally tell someone.  How sad.
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March 15, 2010, 01:26:35 PM
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You might need to do a bit more research on the prescription for this charge. The 30 year limit after turning aged 18 was passed fairly recently.  The right to bring charges may have prescribed under the older law.
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March 15, 2010, 01:49:00 PM
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Seems like I read somewhere one time that it takes many victims about that long to sort it all out in their minds ...

Perhaps, but then again, perhaps not.

I think this law is counter productive to its stated intent. 

Nothing concentrates the mind like a deadline.  The lack of a deadline makes it easy to procrastinate on this issue.

Assume a crime happened when the child was 8. 

30 years after the victim turns 18 means that the victim is now 48 years old and that it is now 40 years after the alleged crime occurred.

Lets assume that the perpetrator of the alleged crime was 37 years old at the time.  The perpetrator is now 77 years old.  {Life expectancy in the U.S. is 77.7 years}

So if you are a prosecuting attorney, would you take the case?

Is there going to be any physical evidence to base a case on? 

Are there going to be any witnesses left alive? 

It sounds like the DA will be going in with a very weak case. 
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