QUESTION
Can I sue my dad for sexually abusing me as a child?
Asked on Dec 23rd, 2012 on Personal Injury - Michigan
More details to this question:
My dad molested me and my sister when we were kids. I told my therapist and he admitted it. CPS was called and all they did was call me on the phone while my parents sat there threatening that if I told them I wanted to leave that they couldn't get there in time to save me. I am now 34 and an emotional wreck with out the financial means to pay for therapy.
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I think the statute of limitations is long gone.
Answered on Jun 26th, 2013 at 8:48 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Unfortunately, the statute of limitations has probably expired. However, there is no Statute of limitations for criminal charges. You might consider reporting this to their police.
Answered on Dec 27th, 2012 at 1:22 AM
Daniel P. Mitchell
Yes, you would have a cause of action for battery, but it is unlikely your parents would have any insurance coverage for this kind of loss.
Answered on Dec 26th, 2012 at 12:07 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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You may have a case against them. You should consult with a local attorney regarding these matters as soon as possible.
Answered on Dec 24th, 2012 at 6:07 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your big problem is the passage of time. normally the statute of limitations is 3 years and in your case 3 years after you reached your ,majority )18) why did you wait so long to complain? See if you can find a lawyer who handles sexual cases and get his advice.
Answered on Dec 24th, 2012 at 1:45 PM
There is a special statute of limitations for molestation cases. I would suggest you seek out an attorney with experience bringing such cases immediately. There may be liability against the CPS personnel as well.
Answered on Dec 24th, 2012 at 1:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful at your age, but you should discuss the details with an attorney.
Answered on Dec 24th, 2012 at 1:20 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is a fairly long statute of limitations for sexual abuse, and it has changed several times in the past few years. The latest I know is that the lawsuit must be brought before the victim's 35th birthday. So you should consult a lawyer very soon. Among other considerations: do your parents have enough money to pay a serious judgment? After all, you could get a judgment against them and it would be meaningless if they have no, or few, non-exempt assets. Also, proving that their wrong-doing was the direct, proximate, natural cause of your suffering will require at least one expert psychiatric witness.
Answered on Dec 24th, 2012 at 1:19 PM
Ronald A. Steinberg
Yes and no. Typically you would have to file suit before your 19th birthday (in Michigan). To extend the time for suit, you would have to prove through one of your therapists that you are completely foo foo and are not capable of helping your attorney represent you, and that the condition continued since before you became an adult. I get the impression that you have just waited too long. I am truly sorry for you; I have a client who suffered significantly due to the same kind of abuse, but the father, being a dead-beat loser, has no assets to collect against.
Answered on Dec 24th, 2012 at 12:44 PM