Q: Can I pursue legal action against my ex for an assault three years ago with photo evidence and witnesses?

A: You may still have viable legal options despite the three-year time lapse since the assault occurred. In California, the statute of limitations for sexual assault cases has been significantly extended; adult victims now have up to ten years to file civil claims under Assembly Bill 1619, while criminal prosecutions for rape and serious sexual offenses committed after January 1, 2017, have no statute of limitations under Senate Bill 813. Your photographic evidence of injuries and witness testimony regarding the visible bruises constitute valuable corroborating evidence, though the absence of the apologetic texts may present an evidentiary challenge.

Criminal prosecution would require filing a police report, after which the district attorney would evaluate the case's viability based on available evidence and determine whether to pursue charges. This path is typically more challenging due to the "beyond reasonable reasonable doubt" standard, but it represents the only route to achieve sex offender registration. The prior allegation from another woman might establish a pattern of behavior, potentially strengthening your case, though the existence of a cease and desist letter may complicate matters depending on the resolution of that situation.

Civil litigation presents an alternative approach with a lower "preponderance of evidence" standard, potentially allowing you to seek monetary damages and possibly negotiate terms like mandatory counseling as part of a settlement agreement. We recommend consulting with a victim advocacy organization such as RAINN (Rape, Abuse & Incest National Network) to connect with legal resources experienced in delayed-reporting cases. Additionally, we advise exploring whether your mobile service provider or the recipient's provider might still have records of the deleted communications, as these could substantively strengthen your position in either legal pathway.