california statute of limitations?

Question

I am the mother of child, who I found out, at age 15 had sex for the first time with a woman, who is much older and should have known better. He turns 18 next month. He has no intensions of prosecuting her, as he feels he was not assaulted and says that it was consensual on his part and hers. Do I, as his mother have any choice in this matter? If I wanted to prosecute her, what would I do. He has said he would never testify against her. What do I do, let it go? Thanks in advance.

Thanks for responses so far, edit: she is older than 10 years, but even so, it would have to be him to bring charges against her after he is 18, not me, up until he is 28?

Answer 1

I certainly do not recommend doing anything in this case. Consensual activity between a 15 year old and an older woman should not, to my mind, result in the destruction of her life, her prosecution and imprisonment, or her registration for the rest of her life as a sex offender, and that is what could very well happen. The effects upon your relationship with your son could be devastating.

However, if you take this to the police, they will take it to a prosecutor, and it will be the prosecutor, not you or your son, who will decide whether to file charges, and whether there is sufficient evidence to prove them.

To (reluctantly) answer your question, if she was more than 10 years older than him, the offense is lewd acts with a minor, and the charge can be filed anytime before he is 28. (Cal. Penal Code sections 288, subdivision (c)(1); 801.1.) If she was not more than 10 years older, then the charge is unlawful intercourse, and the statute of limitations would be three years. (Cal. Penal Code sections 261.5, subd. (d); 801.)

My advise, however, is to let it go.

ADD: Neither you nor your son "bring charges." Criminal charges are filed by prosecutors. You can report this to the police if you decide to do so. They will take a report, and ask what evidence you have (e.g., your son told you about it, the woman admitted it, etc.). Since this is a sex offense, it is very likely that whatever evidence there is, the case will be presented to a prosecutor. It will then be up to the prosecutor to decide whether to pursue the matter by filing criminal charges.

I am afraid I disagree with mikeysco's analysis of why nothing would happen in this case, and I would not depend upon your son's unwillingness to pursue the matter as being a guarantee that nothing is done. While he does not have to talk to the police about this, he did not commit a crime, so if he was called as a witness, he might have to testify. If he told you it happened, and you tell the police, then the prosecutor would know what his testimony was going to be even if he did not talk to the police himself.

You could not testify as to what he said, but he could. If he is considered the victim of a sexual assualt, however, I don't think he could be forced to testify. (Cal. Code Civil Procedure section 1219, subd. (c).) But by that time the damage will have been done.

It might be that a prosecutor would be reluctant to file charges in such a situation, but, then again, it might not. My advice remains the same: let it go.

Answer 2

At - INSUREDEAL.information- you'll get costs in very couple of minutes RE California statute of limitations re: medical costs ? My sister a Canadian vacationing California grew to grow to be unwell for the duration of her stay. She become clinically determined with terminal liver cancer spending numerous months in a Sacramento well being facility because of topics. She had medical coverage in spite of the undeniable fact that there turned right into a dispute on the concern of a pre-modern condition. The dispute continues to be unresolved and call with the coverage company ceased more effective then 2 years in the past shortly after her lack of life.The costs in question total more effective than $six hundred,000. What are the effects on the concern of the California statute of limitations and the valuables of my deceased sister? there's no communique with the hospitals, medical doctors or any medical service vendors who carry the debt nor with the coverage company who presented the shuttle coverage.

Answer 3

There is no stsute on rape or murder in most states including CA. SOL usually only applies to misdemenours not felonies.

Assuming your son was a willing participant, he was not co-erced or has some mental defect that would allow him to be taken advantage of orIf he is not willing to press charges or testify against her there is little chance a the DA would be able to take up the case.

Under 15 is statutory rape but this has to be proven, if your son denied it happened or is not prepared to assist the prosicution then he could leave himself open to perjury charges or perverting the course of justice charges , both carry jail time.

providing your son has not been emotionally or physcologically damaged by this event ( and it would seem that he isnt) then let sleeping dogs lie.

You could make this situation a lot worse for everyone including your son if you persevere

Answer 4

Punch up "California limitation of actions" to get technical legal info, but if son will not cooperate with prosecution, why bother? No, at this point, you are out of the prosecution loop. I suspect the SL is up, probably 3 yr.

Answer 5

I think you have a choice in this matter while he is still a juvenile, but since he is almost a legal adult, you should let him decide what he wants to do about it. If I were you, I would let the woman know that you know, and that you are not happy about it, but just do this in a legal and responsible way (ie. no threats).

Answer 6

If your son is not going to cooperate with prosecutors, you cannot do anything on your own, except stir up a lot of needless trouble, and accomplish NOTHING. I would just drop it.