You’re living a quiet life when, out of nowhere, a criminal charge surfaces from an event allegedly occurring years ago. Now, you’re left grappling with distant memories that demand immediate attention. In California, child molestation allegations can emerge long after the event due to extended statutes of limitations. Understanding these legal timeframes is crucial to safeguarding your rights and ensuring a secure future. Attorney Gregory H. Comings understands these challenges and is ready to provide the decisive guidance you need.

Below, we’ll explain the intricacies of California’s child molestation statute of limitations and why prompt, informed action with an experienced defense attorney can be the key to protecting yourself.

What Is a Statute of Limitations?

A statute of limitations establishes the maximum timeframe for legal proceedings to commence after an alleged crime occurs. In criminal law, this timeframe varies depending on the severity and nature of the offense. For charges involving child molestation in California, these rules are particularly nuanced and extend beyond those for other criminal offenses.

Statutes of limitations have various functions, such as:

  • Preserving evidence,
  • Guaranteeing fair trials, and
  • Preventing prosecution in cases where witness memories may have faded, or crucial details are no longer available.

Attorney Gregory H. Comings understands how these challenges can impact defendants and is prepared to navigate these intricacies on your behalf. However, in cases involving allegations of child molestation, these rules allow exceptions and longer timeframes.

California’s Child Molestation Statute of Limitations 

In California, specific laws govern how long prosecutors have to file charges for child molestation offenses, depending on the circumstances. 

No Limit for Certain Offenses

Certain severe crimes against minors, like aggravated sexual assault of a child, can be prosecuted at any time because they have no statute of limitations.

DNA Evidence Exception

If new DNA evidence identifies a suspect after the standard statute of limitations has expired, prosecutors may file charges within one year of discovering this evidence. This exception underscores the evolving role of forensic technology in reopening cold cases.

Delayed Discovery Rule

Under California law, prosecution can occur within one year of an accuser reporting the abuse to law enforcement, regardless of how long ago the alleged incident occurred. This is provided the accuser is over 21 at the time of reporting.

Felony Charges 

For felony offenses under Cal. Pen. Code § 288—such as lewd or lascivious acts with a minor—the statute of limitations can extend up to the accuser’s 40th birthday.

Each scenario highlights the importance of understanding how the law applies to your unique situation. Consulting an experienced attorney like Gregory Comings, is essential to protect your rights and develop a customized and effective defense strategy.

Potential Consequences of Child Molestation Charges in California

Child molestation accusations carry devastating personal, legal, and financial repercussions. Convictions often lead to extended prison sentences, mandatory lifetime registration as a sex offender, and irreparable harm to your personal and professional reputation.

California’s extended child molestation statutes of limitations can further complicate matters, making it difficult to defend against accusations involving incidents from decades ago. Witness memories fade, evidence is lost, and it becomes increasingly challenging to piece together a clear defense. Additionally, even accusations without convictions can lead to job loss, estranged relationships, and social isolation.

However, these challenges also present opportunities for an experienced defense attorney to highlight discrepancies and gaps in the prosecution’s evidence, potentially strengthening your case. At Comings Law, we understand the profound challenges you face in these cases and work tirelessly to defend your future.

How Attorney Gregory H. Comings Can Help Defend You

Facing child molestation charges requires immediate and strategic legal action. With over two decades of criminal defense experience, Attorney Gregory H. Comings has built a reputation for detailed and effective representation. He understands these allegations’ complexities and uses a multi-faceted approach to protect your rights. Attorney Comings will assist in the following ways and more.

  • Dissect the evidence. We’ll examine every piece of evidence, searching for inconsistencies and weaknesses to undermine the prosecution’s case.
  • Challenge delayed reporting. Why the delay? We’ll probe this critical issue to expose potential flaws in the accuser’s account.
  • Use legal avenues to dismissal. We’ll carefully analyze California’s statutes of limitations and other legal technicalities to identify potential defenses that could lead to case dismissal.
  • Negotiate optimal outcomes. We’ll aggressively pursue favorable plea deals or alternative resolutions to mitigate potential consequences when appropriate.

Every case is unique, and Attorney Comings tailors his defense strategy to your case’s specifics. He uses his substantial experience to uncover weaknesses in the prosecution’s arguments and build a compelling defense that prioritizes your future. His compassionate and relentless advocacy ensures no detail is overlooked and every avenue is explored.

Call Comings Law for a confidential consultation, and plan your defense today. 

Resources: 

  • Cal Pen Code § 288, link
  • Cal. Pen. Code § 647.6, link
  • Cal. Penal Code § 269, link
  • California Pen Code. Chapter 2. Time of Commencing Criminal Actions, link
  • Child Sexual Abuse: Civil Statutes of Limitations, National Conference of State Legislatures (2023), link
  • Criminal Statute of Limitations – California. RAINN (2023), link
  • California Sex Offender Registry, link