Legal Question in Criminal Law in California

My now husband had sexual relations with a 17 yo when he was 32 in 2008 in state of CA. She got pregnant during affair.. We're wondering how long does she and/ or state have to press charges if they wanted to?

Asked on 1/12/13, 3:05 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

She can file felony sexual abuse and related charges that probably have 7 year statutes of limitations. She has until her 26th birthday to file a civil lawsuit for damages under various causes of action. She can also file for child support anytime until her child turns 18. Feel free to contact me once any of those things happens.

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Answered on 1/12/13, 3:53 pm

Brian McGinity McGinity Law Office

It really depends on the way the crime is charged.There are a few issues that could extend the time. The way I read it under California Penal Code sections 261.5, and 801.1 & 803 the Statute of limitations could run as long as 10 years.

The age difference between the people clearly places the crime into a felony classification since they were more than 3 years apart. If parentage is determined using DNA testing then I believe the limitations period could be extended up to 10 years, using the CPC 801.1 & CPC 803.

I would suggest finding an attorney close to you and scheduling a consultation. They will be to explain everything to you. This really isn't the forum to get specific about the subject matter and advise you as to your specific situation. Any attorney you speak with will not be able to talk about it or report it to law enforcement as the attorney client privilege will attach, once you start talking to them about the situation. However, before you go see an attorney get your time line written down so that you do not waste a lot of time. In this instance go ahead and spend the money to contact an attorney that deals with these issues. This is a big deal and it would be worth spending the time and money to learn more about what you could be facing.

Good luck

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Answered on 1/12/13, 5:47 pm

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