how long does one have to file charges after the fact in sex abuse cases? My brother has made false allegations that are very unfounded but i am unsure how long he has before the time runs out. I dont want this hanging in the balance the rest of our lives. I am also unsure as to how to proceed to stop these allegations since he is not pressing charges and has only recently told CPS(he is 24 yrs old) after i filed for legal custody of his daughter whom i have temp custody of currently.
Criminal Defense Attorney
It depends on the actual charge that would be filed. Many have extremely long statutes of limitations and some have no limitation. Do not talk to the police or CPS without an attorney.
Attorney Chris Beck
Beck Law Office, L.L.C.
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1 lawyer agrees
Family Law Attorney
I agree with Mr. Beck, it depends on the charge. However, most offenses of this nature have extremely long statute of limitation periods. Furthermore, if the offense was alleged to have been committed against a minor, the limitation period may not begin to run until after the alleged victim reaches the age of majority.
However, you have two issues here, one is a concern over potential criminal charges and the other is concern over the use of this information in the custody proceeding. As a result, I would strongly recommend that you consult with an attorney that practices in the areas of criminal and family law who may be able to offer you information on both issues.