QUESTION

Can I file a civil suit against my stepbrother for molesting and raping me when I was a child?

Asked on Sep 27th, 2021 on Civil Litigation - California
More details to this question:
My mother's boyfriend had a son a few years older than me. When I was 14 (In 1990) he grabbed my private parts and taught me how to please him whenever he wanted. About 2 years later he took my virginity. My mental health suffered tremendously my whole life because of this and I thought about suicide alot.. I am just now finally getting my mental health under control. Is it too late to take my stepbrother to court?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It depends on the statute of limitations for this type of claim in the state in which it took place.  The following is from a website id Greene Broillet & Wheeler LLP discussing California law, but other states may be different. Childhood sexual abuse survivors must file a lawsuit by age 40 or within five years of discovering the abuse as an adult. As of January 2020, childhood sexual abuse survivors now have a three-year window to file sexual abuse claims that have previously passed the statute of limitations.   It also may depend on when your stepbrother turned 18, as the limitations period, and the nature of the claims may be different depending on whether he was a minor or an adult at the time of the assault (from what you've written, it seems as if he  was a minor for some of this and an adult for some).  Also, if he was a child at the time of an assault, you may have a claim against his parents/guardians.
Answered on Sep 28th, 2021 at 12:43 PM

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