I was molested 18 years ago by my Daycare provider's son for a span of 6-7 years. Can I file civil suit against him or daycare?

Asked almost 2 years ago - Muncie, IN

I'm just coming to terms in how tremendously the abuse has affected the outcome of my life so far. I suffer from panic and anxiety, depression, addiction, alcoholism and can't begin to explain the emotional and psychological damage. Can I still file a civil suit against him and/or the daycare for negligence even though the statute has run out for criminal charges? This man is now a police officer running a karate school for children and it disgusts me to think that he MAY still be sexually abusing children, and I never took a stand.

Attorney answers (2)

  1. Gregory Philip Bowes

    Contributor Level 13

    Answered . I am wondering if you have the correct statute of limitations to bring criminal charges. Under Ind. Code § 35-41-4-2, available at http://www.in.gov/legislative/ic/code/title35/a..., the prosecutor can bring criminal charges any time before the victim’s 31st birthday, as long as the molestation happened after June 30, 1988. If you are not yet 31, the deadline has not passed.
    This does not mean the prosecutor will automatically take your case. S/he must make a decision on how much evidence there is to support the charges, and with a case this old, winning a prosecution might be difficult. The only way to find out is to discuss your evidence with the prosecutor.
    As for a civil claim, you must file a lawsuit within two years of the molestation, or by your 20th birthday, whichever is later. There are, however, circumstances where you could bring the claim later than that. I was able to bring a claim for a molestation victim who filed at age 38, because she had repressed all memory of her abuse. This particular issue is not easy to use. In fact, I had two clients, and one was not able to present her case to a jury, because she remembered the molestations. Check Doe v. Shults-Lewis Child & Family Services, Inc., 718 N.E.2d 738 (Ind. 1999), available at http://www.state.in.us/judiciary/opinions/archi..., which was the Indiana Supreme Court decision on my case.
    If you would like to have a free consultation on your situation, please call me at 317-259-4442.

    I have taken no action on your problem other than to review your question. I want to confirm that no attorney-... more
  2. Burton A. Padove

    Pro

    Contributor Level 16

    Answered . Please repost with your present age.

    (219). 836 2200

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