Legal Question in Personal Injury in Washington

Sex Crimes

My daughter, now 22 years old, was molested by a relative when she was a child. I just found this out about 1 1/2 years ago. My daughter did not want to press any charges. I DO! He has had no consequences for his sick actions! This has caused an irreparable rift in some of family. Am I able to press any kind of charges against him?


Asked on 4/25/09, 4:26 pm

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: Sex Crimes

It appears the answer is no for first or second degree rape because it wasn't reported to law enforcement within one year and because nothing was done before her 21st birthday. Statutes of limitations are at RCW 9A.04.080, http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.04.080, as follows:

(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.

However, there may be a basis for criminal charges on other crimes as set forth also in RCW 9A.04.080:

(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, *9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.

Follow the link above and you will be able to link to each statute and decide whether any of the crimes apply, if any. It appears the only that might apply would be if something happened when she was 15 and 7 years has not passed. You may need to move quickly if the 7 years is coming up. If so, speak to the prosecutor as soon as possible.

There is a basis for a civil lawsuit, however, even after age 21, under some circumstances. See RCW 4.16.340(1) at http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.340.

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Answered on 4/27/09, 1:11 am


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