Answered
July 16, 2012 01:31.
You're referring to House Bill 3057, which, if passed, would eliminate the statute of limitations for criminal (not civil) prosecutions of sex crimes committed against minors. Currently, these crimes cannot be prosecuted more than six years after being committed against an adult; or, if committed against a minor, after the victim turns 30 years old, or more than 12 years after the case is reported to the Department of Human Services. My understanding is that HB 3057 has been introduced in the House, but has not yet passed either branch of the Legislature or been signed into law. (See: http://gov.oregonlive.com/bill/2011/HB3057/ ) So that's one problem for you. Another problem is that, as I said, this bill deals with criminal, not civil, statutes of limitations. Even if it were passed, the civil statute of limitations would be unchanged.
I would also wish to repeat advice that I've given before on the many problems with lawsuits of this type. First, you have to be aware that a defendant, however guilty, can't discharge money that they don't have. If your father has the means to pay, then a lawsuit might be worth undertaking; but if he doesn't, then you must accept that, even if you win, no actual money will be forthcoming. You can't, for example, be paid by the state for winnings that you are awarded in a lawsuit against a private party.
Second, the courts are not here to validate personal feelings or vindicate personal struggles. Although there can be great moral value to standing up for yourself and speaking the truth - something I certainly encourage you to do in your private life - a lawsuit is often not as emotionally cathartic as people think it might be. When you sue someone for some deeply personal injury, you open yourself up to endless review of those injuries, and endless scrutiny of your allegations and questions as to your motives and integrity. Your stepfather would do everything he could to publicly portray you as lying about this - he could do little else. I'm not saying this to discourage people from seeking redress for serious grievances, but to prepare them for the process. It can be very hard.
But all this may be moot, depending on whether the civil statute of limitations has run. You haven't said how old you are or when this occurred, so I can't say. You should feel free to talk to a lawyer about these issues - but bear in mind that this process can be lengthy, expensive, and is not guaranteed to produce justice. Actually, nothing in the world is guaranteed to do that; 'justice' is much too subjective a concept.
I would encourage you, in the meantime, to seek a counselor or therapist with whom to discuss these issues. Sexual abuse can be traumatic in ways that are not always obvious. Good luck...
Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... moreNothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
Jay Bodzin,
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