QUESTION

raped 30 years pass

Asked on Oct 18th, 2014 on Civil Litigation - Alabama
More details to this question:
hello ,in the early 80s a male friend of mine was raped in the school restroom by a custodian ,after school .at this time the man has passed away ,"the custodian that rate my friend "however a few years b ack the custodian was on the Texas registry sexual offenders , and because of his death he no longer is on the registry , keep in mind that the offender was there for another separate sexual assault . my friend never reported the custodian , but now he feels he must , is there a time limit ,even though he has passed away ,but had been registered for another incident , and can he sue for monetary purposes , if criminal charges can not be done because of his death or because of time limit ? my friend blacked out many times and didn't not remember ,however he has total recall now ,thank you for your time and I'll be waiting for an answer
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm very sorry about what happened to your friend, but I'm afraid that there is probably nothing the legal system can do for him now. If the offender's death has resulted in his removal from the registry, then reporting another violation will not restore him - he's still dead.  Nor can you file criminal charges against a dead person - what would be the point?.  At any rate, the criminal statute of limitations must have run by now, approximately 30 years after the incident. It is possible to sue a dead person and obtain monetary damages from his/her estate, assuming that the decedent left any assets, but here it is likely that the statute of limitations has run.  In NY (the rule may be different in Alabama or Texas, I can't tell from your question which law is applicable), the statute of limitations would not start to run until your friend became an adult, but even so, that must have happened long ago.  For example, if your friend was 8 years old in 1980, he would have become an adult, and the statute of limitations started to run, in 1990, 24 years ago.  I know of no civil limitations period which lasts even close to that long; the longest civil limitations period I know is to collect on a judgment, the limitations period for which is 20 years in NY.  If the rapist died during the limitations period, that also might extend the time to file a lawsuit, but again, not for that long.  For example, in NY I believe the defendant's death before the statute of limitations runs out would extend the time to start a lawsuit for 18 months (it might be shorter, I'm not sure.)
Answered on Oct 20th, 2014 at 2:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters