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What is the statute of limitations for reporting and prosecuting a sexual molestation in Florida?

Orlando, FL |

I was molested by a neighbor when I was a child around 15 years ago. The memories have first been coming back to me. If I report it, is the offense still prosecutable?

Attorney Answers 6

  1. Consult with a good local personal injury lawyer immediately. The statue of limitations varies from state to state and based upon the circumstances. For example in some states, the statute of limitations is different for minors (until they reach the age of majority). In medical malpractice cases, the statute of limitations may be based upon when the harm was discovered (as opposed to when it was done). So, I suggest that you consult with good local counsel to advise and assist. Good luck.

  2. Contact a local Orlando personal injury attorney as to the statute of limitations for child molestation there. It still may be prosecutable. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also terms and conditions item 9, incorporated as if it was reprinted here.

  3. Do you mean criminal or civil?

  4. If you want to press criminal charges, report this to the police or prosecutors office and if you want to bring a civil suit consult with an experienced FL personal injury attorney.

  5. You really should call the police and report this crime no matter when it occurred.

  6. Criminally in Florida the statute is 4 years, from the date of the crime itself. Unless recently discovered DNA evidence will know allow prosecutors to prove your case, it is unlikely you have an ability to get prosecutors to file criminal charges, as 15 years is too late.
    Civilly it is 7 years from the age of majority (18 in Florida) so until your 25th birthday or 4 years after you left the dependency of the molester, or under the delayed discovery rule 4 years after you reasonably discovered the wrongdoing due to repressed memories or similar circumstances which prevented you from discovering the original attack/molestation. To recover civil damages from an individual may be very difficult if not impossible due to florida's extensive debtor exemptions.

    LEGAL ADVICE: Unless you have retained me as your attorney, and I am currently engaged by you and providing you with legal advice and services, nothing in this post is intended to be, nor may it be construed as, legal advice.

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