QUESTION
What civil relief (presumably a Family Court action) exists for the child victim of sexual abuse committed by another minor?
Asked on Sep 18th, 2014 on Personal Injury - New York
More details to this question:
Specifically, an 8 year old girl was staying in the home of her aunt, uncle and cousin for a few weeks over the summer, and when she returned home her parents noticed signs of rectal bleeding. She was taken to a doctor and the child reported to a therapist that her 15 year old cousin anally penetrated her with his penis several times during her stay at their home. Due to the girl's age and inability to give significant detail about the abuse, the case, which was reported to the D.A., is not being pursued criminally. Are there any civil remedies against the minor cousin (age 15) and/or his parents (the aunt and uncle) who were responsible for the young girl's care during her visits to their home?
1 ANSWER
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Andrew T. Velonis, P.C.
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I don't think you can sue a 15 year old, and if you could, he would have no assets. But, since the girl is a minor as well, it's possible you could sue when he reaches the age of 18 since she will still be a minor at that time, and since judgments can stick around a long time (up to 20 years in NY) then theoretically, his income, when he has one, can be garnished over the long haul. I doubt that his parents would be held liable, as you'd have to prove they knew or should have known this would happen (maybe you could, I don't know).
Answered on Sep 19th, 2014 at 11:29 AM