Sacramento, CA asked in Criminal Law and Domestic Violence for California

Q: If a person was raped as a child from ages 5 to 11 by there brother and are now an adult can they do anything about it

Their mother knew about it and they have been told that it happened so long ago theres nothing that can be done

3 Lawyer Answers
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: Probably. Various states have different statutes of limitation for these "crimes." You can go to the internet and type in "California Statutes of Limitation" to find out what the rule is in California.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: NEED MORE INFO

THERE ARE STATUTE OF LIMITATION FOR EACH STATE.

HAVE YOU CONTACTED POLICE?

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Contact the police/sheriff in the city or county where the incidents occurred. The criminal statute of limitations might not have expired.

It is also possible to bring a civil suit against the brother and, potentially, the mother. Code of Civil Procedure section 340.1 provides: "the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions:

(1) An action against any person for committing an act of childhood sexual abuse.

(2) An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff."

Contact a child sexual abuse attorney to discuss in detail.

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