I was molested at 5 and am now 25 in October. Can I bring charges on this sick family member? I AM A FEMALE AND SHE IS MY AUNT WHO IS IN HER LATE 30'S.
If you feel any child is in harms way, please contact police immediately and report it.
The short answer is yes. It may be possible under Arizona laws, including the statute of limitations laws, to bring criminal charges against your Aunt; however, the decision to do so would be at the sole discretion of the District Attorney in your jurisdiction and would come from a thorough investigation of your aunt.
There are different statute of limitations laws in all states. Whether or not she could be charged in criminal court will depend on what charges the District Attorney would file against her based on the evidence found in an investigation.
The first step is to file a criminal complaint either directly with the District Attorney’s office or the police. Some District Attorney’s will send you to the police to file the complaint while others may allow you to file directly with their office. Based on the details in that complaint they will either open an investigation or choose not to pursue it if there is not enough evidence to seek a conviction. Assuming this act was committed in the State of Arizona, the follow statute of limitations apply to the following sexual crime laws in Arizona.
The statute of limitations is the time allowed to bring criminal charges against someone for a crime alleged to have been committed. The state is bound by law to bring charges against an individual within a specific time frame.
Criminal Prosecutions Citation: Rev. Stat. § 13-107
There is no statute of limitations under certain conditions for crimes falling under specific areas of the law. These include homicide, kidnapping, and charges may be filed against individuals at any time for:
- Violent sexual assault committed by a convicted felony sexual offender
- Sexual conduct with a minor who is under 15 years of age
- Sexual assault
- Molestation of a child
- Continuous sexual abuse of a child (three or more incidents of abuse)
- Commercial sexual exploitation of a minor
- Sexual exploitation of a minor
Generally, the statute of limitations for a class 2 through 6 felony is a period of 7 years. Crimes classified as class 2 through class 6 felonies include:
- Child abuse
- Aggravated domestic violence against a child
- Public sexual indecency to a minor
- Sexual abuse of a minor
- Indecent exposure to a minor under 15 years of age
- Sexual conduct with a minor at least 15 years of age
- Luring a minor for sexual exploitation
- Admitting minors to public displays of sexual conduct
Generally, the statute of limitations for a misdemeanor is a period of 1 year.
Civil Legal Actions
Citation: Rev. Stat. §§ 12-502; 12-511; 12-542; 12-550
The statute of limitations will not begin for a minor entitled to bring a claim until he or she reaches 18 years of age. At that time, the limitations period prescribed for the claim’s offense begins.
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