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If a person was molested as a young teen from

Sent to Criminal Law Experts March 12 2008 at 11:54 AM
   

If a person was molested as a young teen from 1963-1967 can he still bring suit or have legal rights against the molester (a priest) and do those rights extend to the present even if the offender is dead.

 

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Los Angeles, California

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Internet searches reveal inconsistent answers. Statute has run it seems can it be revived?

Customer (name blocked for privacy)
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March 12 2008 at 12:53 PM (59 minutes and 8 seconds later)
         
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In 1993, California enacted a new criminal statute of limitations permitting prosecution for sex-related child abuse where the prior limitations period has expired if, the prosecution is begun within one year of a victim's report to police. A subsequently added provision made clear that this law revived causes of action barred by prior limitations statutes. In 1998, a person by the name Stogner was indicted for sex-related child abuse committed between 1955 and 1973. At the time those crimes were allegedly committed, the limitations period was three years. Stogner moved to dismiss the complaint on the ground that the Ex Post Facto Clause forbids revival of a previously time-barred prosecution. The trial court agreed, but the California Court of Appeal reversed. The trial court denied Stogner's subsequent dismissal motion, in which he argued that his prosecution violated the Ex Post Facto and Due Process Clauses. The Court of Appeal affirmed. However the case was appealed to the US supreme court and it held that A law enacted after expiration of a previously applicable limitations period violates the Ex Post Facto Clause when it is applied to revive a previously time-barred prosecution.

So the answer is that there is no criminal case, as the limitation has expired and can not be revived. The issue of a civil case depends on if there is anyone alive you can hold responsible, someone who knew of this and did nothing to stop it ect,


“The truth shall set you free.”
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March 12 2008 at 12:56 PM (3 minutes and 16 seconds later)
         
I hate to push this for $15.00, but is a civil case still possible when the events took place in the 1960's? How does that work? Does one allege fraud? Ongoing harm? Suggestions helpful.

Thanks,
Answer
March 12 2008 at 1:18 PM (21 minutes and 41 seconds later)
         
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