legal question

legal question

MC22

Registrant
What legal action or civil action can a male survivor take against the abuser, when the memory returned almost 30 years later. Is there a statue of limitation?
 
It depends on the state you live in. Most have different rules for initiating criminal or civil suits. Best way to check is with your county DA or prosecutor's office. If you ask for someone in the sex crimes unit/section, you will probably get the best advice and support.

Ken Singer
 
MC22,

Last weekend I wrote letters to several law enforcement agencies and to a school where I heard the perp might work or might have worked.

By themselves the letters probably have no legal standing. But a friend in law enforcement suggested that I file an official complaint with the local (to the perp & crime) sheriff. I mentioned all this in T yesterday and my T suggested the State's Attorney. Even if the statute is expired (probably, but I don't know for sure), the official complaint must receive some official response, and will always be available if other charges come about.

It's amazing what you can find on the web. This morning I submitted the story, essentially what was in my letters, and asked for assistance in filing an official complaint at two state government agency web sites, including the State Attorney General. Gotta love technology! :D

A couple phone calls or emails will get you your answers. Go for it!

Thanks,

Joe
 
MC22,

A little update.

I just called the Pennsylvania State Police. There is no "complaint" form for me to file. My letter served as my complaint. It is in the investigations division now.

Just start asking around and you'll find what you need. Good luck with it and more power to you.

Thanks,

Joe
 
MC22,

Best advice I have is to contact the police or prosecuting attorney to find out what the statute of limitations is in your location for the time covering your abuse. Also, contact a lawyer to determine what your options are for a civil suit.

In Michigan the statute of limitations was changed in 2001. For SA before 2001 the statute of limitations is 7 years or age 21, whichever is later. Anytime that the perp lived outside of the state does not count towards the statute of limitations, which is why they are able to prosecute some of the clergy cases that happened 30 years ago. In 2001 the statute of limitions were removed. Now those bastards can be tried at anytime.

Due to the police using the wrong statute of limitations in my case, the police interviewed one of my perps this week. During this he acknowledge his abuse of me before shutting up and wanting a lawyer. He can't be tried for my case, but I do have the option of a civil suit against him.

Bill
 
Thanks to you all Ken, Joe and Bill. Your information is greatly appreciated. I will now begin the journey to help those who have been abused. They deserve some satifaction against their perps! I think what stops alot of people from taking any action is lack of knowledge. Thanks again. MC22
 
The criminal part usually has a statute of limitations. You may find that this does not apply to the civil suit. The first thing that you need to do is gather as much information as you can, organize it, and take it to an attorney that deals with personal suits of similar natures. I myself have gotten a list of those attorneys through my local Rape Crisis center. If you are able to, and going to persue the criminal charges, it is a good idea to get an attorney involved to help with your statement for the police and other things. Here's one of the biggest hurdles, the police then perform an investigation to determine whether they feel that a crime has been committed and if there is enough evidence for an arrest. If it's not done right, you will just become more frustrated by the failures caused by mistakes.
Good luck.
 
Does anyone know the statue of limitations in the State of New York? Mainly for a civil suit? Thanks in advance for any help. MC22
 
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