Also the rape happened in Texas and I live in TN, would this make it more difficult to press charges? Is there any way to find out if anyone else has pressed charges against him? I am concerned because he has a younger sister that is one year younger than me that he may have attacked. I know it has been a long time since it happened but as a psychology student at a local university I know it is important to come to terms with past abuse. My family use to visit my cousin's family every christmas. The year it happened my parents and his parent went out 3 to 4 times that week and he raped me everytime while he was suppose to be babysitting me. Being five years old I did not know what was happening but I do remember wondering why there was blood on my panties. What are my legal options?
2006-07-09 05:48:42 · 14 answers · asked by Kristy T 1 in Politics & Government ➔ Law & Ethics
No, there is no statute of limitations on rape. Please contact the police.
2006-07-09 05:58:41 · answer #1 · answered by Sir J 7 · 1⤊ 0⤋
Unfortunately, most laws for child molestation give until the victim is 19. You may want to look up a lawyer in Texas, but seeming as how there is no evidence, you have a very slim chance of charges even being pressed, let alone him being convicted. Talk to his sister, and see if it ever happened to her, and then both of you need to go see a counselor. Tell your parents, if you feel you need to, and come to terms with it in that way. As far as legally, tho, I don't think there is much, if anything, that you can do.
Sorry, hun
2006-07-09 06:16:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The Texas Code of Criminal Procedures governs when charges can be filed for an offense in Texas. Chapter 12 is the part normally called the statute of limitations. Section 12.01 clearly shows that you have ten years from the date of your eighteenth birthday to get an indictment. You can always report it to the police and District Attorney for where it occurred, but give them enough time to investigate and collect evidence while within the limit.
In other words, you have plenty of time now and can report it.
The Texas Civil Practices and remedies code governs how long you have to file a lawsuit for the action. Chapter 16 gives the limitations on this. Between Chapter 16.01 and Chapter 16.0045 it appears you have five years from your eighteenth birthday to file suit. Again it looks like you have time left.
As others have shown, it may be hard to win either case due to evidence, but it is possible.
I strongly recommend that you contact one of the advocacy centers near you for their advice and help. In this area, they are commonly called Rape Crisis Centers, but may be something else in Tennessee. In addition to their legal advice and help with the case, they may be able to provide counseling or other help to you to come to full terms with the incident. They can also help you in just alerting people to the fact to protect the others, if you decide to not file charges.
Links are provided below to the Texas law. Note that this is current law and may not apply if the laws have changed since the offense.
2006-07-09 07:51:08 · answer #3 · answered by Steve R 3 · 1⤊ 0⤋
I am very sorry to hear about your experience. I have been involved in Take Back the Night, which is a worldwide movement for survivors, friends and family of sexual and physical assault. If you do a search on it you will find more details. I hope your town or a neighboring town has a Take Back the Night event.
I conducted a web search of "statute of limitations on child sexual assault Texas." I did the search for Texas since that is where the crime occurred.
According to the Texas Civil Code, you have until 5 years past your 18th birthday, so if you are going to file, I would suggest you do it soon.
I hope this has helped you.
2006-07-09 06:38:29 · answer #4 · answered by Wheelchair Deb A 1 · 0⤊ 0⤋
With something like this it's never too late to press charges. I'm sorry you had to go through such an ordeal but it's good that you are trying to find closure with it now. Speak to a lawyer and find out how to go about it. If you haven't already done so it may help to talk to a victim support counsellor and even your parents. All the best for the future hun xxx
2006-07-09 05:54:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Pay a visit to your local police department to tell them what happened, as well as consult with a lawyer who is familiar with criminal/civil law. A charge like this is possible - it's been done before; however, your difficulties will be evidentiary (e.g. do you still have that pair of panties?) and if there were any witnesses, do they remember the details? This is always a challenge for these types of cases.
2006-07-09 07:37:08 · answer #6 · answered by Angela B 4 · 0⤊ 0⤋
I would definitely try to press charges. I think you could still press charges even with it being 16 years ago, because it has been done before with like 70 years between the occurance and the trial.
2006-07-09 07:13:59 · answer #7 · answered by Jim 2 · 0⤊ 0⤋
Criminal charges are probably still possible, but you will have to contact the district attorney for the county it happened in.
A civil case is also possible, if he has any assets worth going after. The statutes of limitations in both cases stopped running when you left Texas.
You will also have a problem if your memory has been "enhanced" by hypnosis and if your memory is the only evidence of the crime.
If they find he attacked his sister, that will help.
You also need to ask yourself if you will get "closure" by reopening this, especially if it comes to a dead end.
2006-07-09 05:58:45 · answer #8 · answered by thylawyer 7 · 0⤊ 0⤋
You need to tell your parents this happened and report it to the law anyway, whether you can press charges or not especially if hes still around children
2006-07-09 05:53:20 · answer #9 · answered by Granny 1 7 · 1⤊ 0⤋
It's not too late to press charges. However, if there were not any witnesses, you are going to have a difficult time proving it.
2006-07-09 05:52:54 · answer #10 · answered by chemicalimbalance000 4 · 1⤊ 0⤋
I think that you need to contact a lawyer and discuss this information in order to determine whether or not you can press charges.
2006-07-09 05:52:43 · answer #11 · answered by evercyn 2 · 2⤊ 0⤋