I was molested as a child, which was my Biological father. He didn't go to Jail because there was no evidence and it was my word agains his. Anyways, they told my mom I would be able to sue him for emotional damages, when i got older and since I am 21 I want to know if I can still do this, or did I pass the age limit.
2007-05-09 09:58:36 · 19 answers · asked by Amber M 1 in Politics & Government ➔ Law & Ethics
I am in California
2007-05-09 10:00:34 · update #1
Call a lawyer
2007-05-09 10:03:22 · answer #1 · answered by SaChiE 3 · 0⤊ 0⤋
There is no age limit to sue. Because you have emotional issues and you were under age you should be able to sue him. He could get arrested as well as pay for damages.
Find a GOOD lawyer. Shop around and find a good lawyer that is willing to take your case. Don't take NO for an answer.
I did that once and I only got 7K instead of 150k for an accident that was NOT my fault. I am in pain for the rest of my life now and regretting not sticking it to the guy. (I am only 24, I was 20 at the time.)
2007-05-09 17:22:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I don't know if you can sue him, especially since he was never charged with it. Call a laywer and talk to them, it would be better than asking on her because you need real legal advice. Do you think money will make you feel better about it? And do you really want to drag yourself through this and go through all the emotions that you may have gotten over for the most part? Think of things like that too, not just the money factor, or the justice factor. I don't think you will gain a whole lot out of this besides more horrible emotions.
good luck either way.
2007-05-09 17:04:26 · answer #3 · answered by dstrbd4godsmack 2 · 0⤊ 0⤋
As a survivor of childhood sexual abuse, I have to ask what you are hoping to gain from it?
In order to go through the trial, you would have to recount your experiences in front of the courtroom and you will be cross-examined by a lawyer whose job is to try to prove that you are an unreliable witness (at best) or an outright liar (at worst).
For me, it wouldn't be worth it. But I am now 40 and much further removed from the experience and better established in my own life. Perhaps you feel the need for closure or revenge; but I seriously doubt that you'll get an apology or even an admission of guilt.
This suit would be a civil trial, and not a criminal trial; so he still wouldn't go to jail, nor would he be subjected to the laws that sexual offenders are, such as putting his name on a registry. So the most you can get out of it would be a financial award, and if he doesn't have much money, then you can't get blood from a stone, as the saying goes.
Lawyers for these types of cases have a free initial consultation, so I suggest speaking with several before deciding whether to proceed and which lawyer should present your case. You do want someone with experience in these cases and someone whom you feel can truly represent you in terms of helping you convey the emotional damage that has been done and the impact on your life as sensitively as possible. The lawyers fees are usually a percentage of the settlement/award.
Regardless of your decision, I wish you well. Feel free to contact me if you need someone to talk to: HearKat@Yahoo.com
2007-05-09 17:03:06 · answer #4 · answered by HearKat 7 · 1⤊ 0⤋
I just went through this... I sued my molester (state of California also). You can pursue a Civil Suit against him until the age of 26. Get a lawyer to help you, I didn't have to go to court because my abuser 'settled' the suit with me, so there is a good chance that you won't have to go to court. However, if you want to pursue a criminal case against him, that would be different. The statute of limitations for a criminal case is 10 years. Or you can do both!
2007-05-09 17:12:15 · answer #5 · answered by tink2312 2 · 1⤊ 0⤋
what would you sue for? money? an apolgy? attempting to drag this into court will only rehash the memory and pain, will cost you money and if as you have pointed out, you have no evidence then whats the point? no judge will rule in your favor without hard evidence, medical reports, arrest reports etc. its called burden of proof. I am not taking his side but he would not have to prove his innocence. You would have to prove his guilt. and if it couldnt be proven then, how can you prove it today. I dont mean to be cruel in my answer, but I am trying to save you embarrassment and money. The whole point in going to court is that someone can prove something. I am sorry this had happened, maybe you need to see a therapist or something, I dont know but I do know that taking this court stands a near 100 percent chance of making you look foolish. I am sorry, buts thats the hard truth.
2007-05-09 17:14:20 · answer #6 · answered by molly 6 · 0⤊ 0⤋
I would say you should speak with whoever told your mom that you can sue for emotional damages.
Also, you probably will want to search online for more information about what do do:
http://www.joshuachildrensfoundation.org/articles/
2007-05-09 17:08:31 · answer #7 · answered by Adel 6 · 0⤊ 0⤋
You can sue him and maybe you should... but you are the only one who can answer if you should. Can you win, is it worth the trouble, do you want to put yourself through all this. Good luck with your decision.
2007-05-09 17:06:21 · answer #8 · answered by Really ? 7 · 0⤊ 0⤋
I would definitely contact a lawyer to find that out.
It looks like you can do this, but they would need to navigate the statute of limitations in your state.
2007-05-09 17:08:56 · answer #9 · answered by Barbara 6 · 0⤊ 0⤋
heck yeah!! and sue for lotsssss of money then you'll be rich because you have a very very good reason to sue. just make sure you get a really good lawyer.
2007-05-09 17:03:58 · answer #10 · answered by Nichole 3 · 0⤊ 0⤋