2006-11-01 10:07:37 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Ah, the answer is not so clear. In most states, there is a thing called the "discovery rule" which allows people to bring actions when they "discover" the harm, not just after the harm takes place.
For example, let's take a doctor who leaves an instrument in your gut during an operation. You may have slight pains, but no real reason to know anything is wrong. Then, ten years later, you have serious complications. An X-ray shows that the tool is still there. In many jurisdictions, you can sue for malpractice then, even if the usual statute of limitations is 2 or 3 years.
Same with this "abuse" charge. First, we need to make sure that we're talking about a civil case (battery, negligence, false imprisonment, etc.) and not a CRIMINAL charge by the State, which has a whole different set of deadlines and rules. If the abuse occurred at a time when you, as a minor, didn't understand what was going on and/or you couldn't sue (because you were a minor), then the statute of limitations may have been "tolled" either due to your minority or due to your "discovery" of the harm once you got older. This is the same issue that courts were tackling with in the Catholic Church sex abuse cases, where people were "discovering" that they had been abused 20 years ago.
Thus, either because of (a) your minority, or (b) the "discovery" rule, I would suggest that you at least seek counsel. Most plaintiffs' attorneys will have a free initial consultation and tell you whether your case has merit.
2006-11-01 10:14:35 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
You might want to talk to a family lawyer about it. Normally the statute of limitations would preclude civil or criminal action, but I vaguely remember hearing that there were some statutory exceptions for child abuse.
Get some expert advice on this. It's possible that you can.
2006-11-01 18:11:19 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
I don't know. Look at the priests that abused kids 20 or more years ago and are being prosecuted for it now.
2006-11-01 18:11:25 · answer #3 · answered by nevada nomad 6 · 0⤊ 0⤋
only if it resulted in death, statute of limitations on anything else would stop it , a judge would throw it out
2006-11-01 18:08:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I dont' think so....I believe it is the statute of limitations that would deny you that.
2006-11-01 18:09:21 · answer #5 · answered by ckphilly 2 · 0⤊ 0⤋
no
2006-11-01 18:08:46 · answer #6 · answered by ? 6 · 0⤊ 0⤋