Incest

[LaTeasaa_Neek]

Alright so this is more of a question, So I found out my grandfather well he's not my biological grandfather but I knew him my whole life. Okay so back on topic my step grandfather has over like 9 kids by his 1st wife she passed giving child birth then some years later my granny and him were friends for a very very long time he then married my grandmother years later which she already had her 4 kids (my mom,aunt, and two uncles) my "step grandfather" kids and my mom aunt and uncles use to be real close childhood friends. But to get to the point we just found out that he had sex with two of his daughters incest basically and had a baby by one of them. He's disgusting he then went on to say it was "consensual" sex. He said one wasn't a virgin just tried to justify everything he did with his daughters. So his oldest gran-daughter is actually his daughter. This story only gets worst and deeper but what I want to know is can he go to jail now even if it's after like 24 years if they get a DNA which they will find that his oldest gran daughter by his real biological daughter is his? It's also speculation about so much more with him and other kids. I want to know if he can still go to jail.

[lynnePerucca]

I "doubt" he can be jailed after this time span, but not a lawyer. So many sicko's out there.

[k10road]

You can also speak with a detective.  They can advise you as to how it will be handled or if they can even do anything.  Ultimately, that is what you will have to do, but if you wanted to see what the law is, you could ask an attorney.  I would report it, personally.

[margypops]

That is exactly the point he will go on  to do it to others ..I feel that you need top pursue this through the proper channels, k10 has given us much good information here

[narla]

I hope he rots in he!! if he is the father of his grandchild-please pursue this I'd hate him to hurt anyone else if he hasn't already.Do the victims of this perverted animal want to have him charged?I hope they do,Good Luck

Denise

[k10road]

What you are referring to is the statute of limitations, and this varies from state to state.  Many states are now changing their laws so that the statute of limitations extends for one year from the time that DNA evidence is introduced (this is thanks to science).

According to CA Penal Code State Statute 803,

"Notwithstanding the limitations described in
section 799-801.1 of the Cal. Penal Code,
criminal complaints for the following
offenses may be filed within one year after
the identity of the suspect is conclusively
established by DNA testing:
• Rape (§ 261)
• Spousal rape (§ 262)
• Rape or penetration of genital or anal
openings by foreign object (§ 264.1)
• Unlawful sexual intercourse (§ 266C)
• Aggravated sexual assault of child
(§ 269)
• Incest (§ 285)
• Sodomy (§ 286)
• Lewd or lascivious acts involving
children (§ 288)
• Continuous sexual abuse of child
(§ 288.5)
• Oral copulation (§ 288A)
• Sexual acts with child 10 or younger
(§ 288.7)
• Forcible acts of sexual penetration (§"

Incest is mentioned in there.  So, from what I am reading, if a report is made to the police, and through DNA testing, they verify that this man did have an incestous relationship with his daughter, then within one year of the DNA findings proving so, he can be prosecuted, even if it happened 24 years ago.  


Now, something else that I read:

"Under California law the statute of limitations is tolled (suspended) against a sexual perpetrator until the plaintiff's twenty-sixth birthday, or until within three years, after majority, she or he discovers or reasonably should have discovered that incurred psychological injury or illness was caused by the sexual abuse

[Section 340.1(a), as amended 1994]."

I think that the DNA exception should override that though.  I think that the best bet would be to consult with an attorney to see if this is something that should be pursued.  In my opinion, if this man is still able to "use his tools," then I think it should be reported anyway so that he doesn't do this to anyone else.

It also matters how old the people were when the crime was committed.  Like, if his daughter was still a minor when this happened, there could be much more serious charges.