Legal Question in Criminal Law in California

Is there still an open window for filing sex abuse case against clergy in

California?

Asked on 9/27/13, 2:45 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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You've posted in the criminal law category, but if you are asking about filing a lawsuit yourself, you need to repost in the personal injury category.

With respect to the criminal statute of limitations, you do not provide enough facts to know whether or not the statute has run. I suggest that you speak in person with an attorney if this is a true criminal defense matter.

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9/28/13, 11:01 am
Edward Hoffman Law Offices of Edward A. Hoffman
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Such cases are governed by the same rules as other sex abuse cases, in both civil and criminal cases. I doubt there is a constitutional way to apply different rules to defendants based on whether or not they are clergy.

The Legislature has passed a bill that would give some -- but not all -- victims of childhood sexual abuse an additional year in which to file a civil lawsuit. The governor has not yet acted on this bill, so it may or may not become law.

If the bill does become law, it would apply to claims which would otherwise be time-barred as of January 1, 2014, but only if the plaintiff (a) was born before January 1, 1977; (b) was abused before reaching the age of 18; and (c) discovered the cause of his or her injury on or after January 1, 2004. It would not affect the limitations period for criminal cases.

The bill applies to all such cases of sexual abuse and not just those committed by clergy.

Good luck.

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9/28/13, 6:28 pm

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