Can I charge someone with child molestation if it happened5 years ago?

My niece’s brother molested her (like touched and fondled her) when she was age 11, 12, and 13 years old. He was 15, 16 and 17 at the time. My niece told her mom about it at age 15 and the brother confessed to it. My niece is now age 18 and is still pretty mad about the whole ordeal. Her mom didn’t go to the police with it. So, can we charge the brother for it now? He is age 22.

Asked on November 26, 2011 under Criminal Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not up to you or the victim to "charge" your niece's brother for the alleged molestation. Rather, it is up to law enforcement to be contacted for a report to be taken about what happened and then refer the incident report to the district attorney's office for review and the possible filing of criminal charges.

The issue that I see from law enforcement's point of view is that the incidents happened more than five (5) years ago and why is the claim of a criminal act now being brought up for possible review by law enforcement at this point in time?


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