What is the statue of limitations for sexual abuse? Sexual conduct between under age minors.

Asked almost 2 years ago - Roseville, CA

12-13 year old male performing sex acts for older teen male. Recently acquired information about reoccuring incidents in 2008-2010 and would like to move forward with civil suit against an agency. My son was 12-14 being sodomized by older youth while in a treatment facility for emotionally desturbed youth.

Attorney answers (5)

  1. Gayle Anne-Marie Gutekunst

    Contributor Level 17


    Lawyers agree

    Answered . I'm sorry that you and your son have to undergo this trauma.

    This is actually a "personal injury" civil question. The statute of limitations for criminal reporting and the statute of limitations for civil filings are measured differently. Copy and paste this question into the "personal injury" category to get the response I think you're looking for.

  2. Marc Lazarus

    Contributor Level 14

    Answered . So sorry.

    There are several potential statutes of limitations to consider depending on whether the agency is a governmental entity or a private entity. You need to speak to a personal injury attorney.

    You can call us at (849)309-0990 to discuss the statute of limitations.

  3. Steven Mark Sweat

    Contributor Level 19

    Answered . This is terrible. If you want to consider a civil suit, you probably still have time. The statute of limitations is usually tolled while your child is a minor. There are also specific, longer statutes for sexual abuse cases under the Civil Code. Having said this, you should consult an attorney immediately given the length of time since the incidents. Our firm handles these claims.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Charles K. Kenyon Jr.


    Contributor Level 19

    Answered . I will change the category.

    Usually when the victim is a child, the statute of limitations does not run out until the victim is an adult. It may be much longer.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more
  5. Lars A. Lundeen


    Contributor Level 20

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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