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What is the statue of limitations for sexual abuse? Sexual conduct between under age minors.

Roseville, CA |

12-13 year old male performing sex acts for older teen male. Recently acquired information about reoccuring incidents in 2008-2010 and would like to move forward with civil suit against an agency. My son was 12-14 being sodomized by older youth while in a treatment facility for emotionally desturbed youth.

Attorney Answers 5

Posted

I'm sorry that you and your son have to undergo this trauma.

This is actually a "personal injury" civil question. The statute of limitations for criminal reporting and the statute of limitations for civil filings are measured differently. Copy and paste this question into the "personal injury" category to get the response I think you're looking for.

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3 lawyers agree

Posted

I will change the category.

Usually when the victim is a child, the statute of limitations does not run out until the victim is an adult. It may be much longer.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm

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1 comment

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

The statute of limitations for criminal proceedings may not have run out either. Probably has not.

Posted

So sorry.

There are several potential statutes of limitations to consider depending on whether the agency is a governmental entity or a private entity. You need to speak to a personal injury attorney.

You can call us at (849)309-0990 to discuss the statute of limitations.

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Posted

This is terrible. If you want to consider a civil suit, you probably still have time. The statute of limitations is usually tolled while your child is a minor. There are also specific, longer statutes for sexual abuse cases under the Civil Code. Having said this, you should consult an attorney immediately given the length of time since the incidents. Our firm handles these claims.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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1 comment

Steven Mark Sweat

Steven Mark Sweat

Posted

For more information on California sexual assault and abuse claims, visit our blog: http://victimslawyercalifornia.blogspot.com/

Posted

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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