Can You Sue Over Statutory Rape

My question involves criminal law for the state of:



Can I sue an exboyfriend for statutory rape if I was 16 and he was 25 when I got pregnant and werent married at that time? I was 17 when I got pregnant and we got married over a year after and then a couple of years later I decided to leave him because it was a life with domestic violence by him who also was on drugs.
When we separated we had joint custody and then a few months later he asked for the whole custody that was granted to him, he hired the best lawyer in town and I only could afford one for free.
He was on drugs, physical abused me and my kid up, and was a lot older than myself and the lawyer knew all of this by didnt ever present any of that to the court audience, the lawyer withholded information and didnt present witnesses, paperwork etc. that I had on my favor and I lost the case, I fleed because I lost the case but now want to get back and see if there is something that could be done and reopen the case or fix the situation and specially sue whoever responsible for whatever possible, I got terrified at the time because he kept threating me and my kids that is the reason why I fleed I know that it has been a long time now but if there is anyone able to help me find a way PLEASE do so.

I have proof of what I say and will be able to do everything possible to fix this for me and my kid.

Which US State?

(And really - you want to have him prosecuted now because he got custody?)

And how long ago did this happen?

NC state. I only want my life back, I had to run away with my child to be able to have a life in peace and safe far away from him without abuse. I could have had him prosecuted when all of it happened but I didnt, right now I only want to get things straighten. He had even gotten pregnant another girl younger than me right after I fleed and he also abused her.
The lawyer who was supposed to help me seemed to be on his side and kept all the information in suitcase the day of the audience. If there is anything that could be done to fix this I will. If I have to sue that lawyer for malpractice I will. All of this happened more than 10 years ago.

The SOL has long since passed for a lawsuit on most any grounds in NC. About all you can do is come back, show you are stable and responsible, and go to court in an attempt to secure visitation or custody if you can.

In most jurisdictions, DAs will not prosecute a statutory rape case where the parties married afterward.

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Quoting cyjeff

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In most jurisdictions, DAs will not prosecute a statutory rape case where the parties married afterward.

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Very true.

Though it's pretty clear that she's only thinking about it now because she doesn't have custody.

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Quoting Dogmatique

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Very true.

Though it's pretty clear that she's only thinking about it now because she doesn't have custody.

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And that will become pretty transparent...

Well... just trying to find a way to have something on this side about what happened if he was to be hurt than the statutory rape accusation could have been done back then....

What could be done for this case.....? any advise will be greatly thanked

You can't sue for several reasons. The statute of limitations has expired, the age of consent in NC is 16 so there is no statutory rape crime. If the sex was not consensual, then it is rape in the first degree.

You need to stablize your life.

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Quoting nicolas

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He had even gotten pregnant another girl younger than me right after I fleed and he also abused her.

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One of the additional unfortunate effects of NOT reporting and acting on abuse WHEN IT HAPPENS is that it leaves abusers free and able to abuse OTHER victims. Many abusers are ABLE to leave large numbers of victims in their wake in large part because their behavior goes unreported and they are never held ACCOUNTABLE for their actions, having the effect of leaving the abuser free to simply set their sights on the NEXT target, and the next, and the next.

Would there be a chance of stopping this one? Or should just leave it the way it is and do nothing.....

How to stop him?

After all this time, the ability of THIS victim to do anything meaningful is long gone. The time to act on the issue was MANY years ago - and even then, MARRYING him would have had the effect, as noted in an earlier post, of the state being unwilling to pursue the matter. The state can only protect people from stituations they willingly enter into to a certain degree, and that protection requires the cooperation of the victim within a reasonable time frame.

He is in jail right now for commiting homicide (this was just found out), my only intention is to find out what can be done to get my own situation straighten and if I HAVE MENTIONED TO YOU THAT THE FATHER OF MY CHILD IS IN JAIL AT THIS MOMENT I DEMONSTRATE THAT 12 YEARS AGO I MADE THE RIGHT DECISION BY TAKING MY KID, I ASSURE YOU THAT HE IS A GOOD BOY, ATHETLIC, EXCELENT STUDENT, I need someone to take my case I know that it isnt easy but I have a lot on my side.

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Quoting nicolas

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He is in jail right now for commiting homicide (this was just found out), my only intention is to find out what can be done to get my own situation straighten and if I HAVE MENTIONED TO YOU THAT THE FATHER OF MY CHILD IS IN JAIL AT THIS MOMENT I DEMONSTRATE THAT 12 YEARS AGO I MADE THE RIGHT DECISION BY TAKING MY KID, I ASSURE YOU THAT HE IS A GOOD BOY, ATHETLIC, EXCELENT STUDENT, I need someone to take my case I know that it isnt easy but I have a lot on my side.

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What case is there to take? There appears to be no crime committed at this point, and the statute of limitations seems to have expired on any civil actions.

Sorry, but your court options are behind you.

Besides, he is in prison ... what more can you possibly do to him?

There is a parental abduction record on me and that is what needs to be taken care of and I believe that if he is in prision now for homicide could help me get my own situation straighten.

What does the homicide have to do with a statutory rape?

I dont want to go over statutory rape it was just an idea that I thought would help me to get my parental abduction record off, I really want to fix my situation and dont want to be a fugitive the rest of my life, when I lost the custody of my kid the lawyer that was supposed to help me didnt present all that was supposed to do and that is the main reason he got the whole custody after he had appealed for it when we originally had a joint custody. If he is in jail now that shows that he wasnt the right person to have my kid.

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Quoting nicolas

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I dont want to go over statutory rape it was just an idea that I thought would help me to get my parental abduction record off, I really want to fix my situation and dont want to be a fugitive the rest of my life, when I lost the custody of my kid the lawyer that was supposed to help me didnt present all that was supposed to do and that is the main reason he got the whole custody after he had appealed for it when we originally had a joint custody. If he is in jail now that shows that he wasnt the right person to have my kid.

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Suing him won't do what you want ... plus, you can't.

You ran and took the kid in defiance of a court order. His current situation has NOTHING to do with his fitness at the time of your crime.

You need to try and get the record expunged if you can convince a court, and if you qualify:

http://expungement.uslegal.com/expun...pungement-law/

Thank you.

nicolas - you called yourself a fugitive. Have you been convicted, or have you fled from the law and not been prosecuted?

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Quoting Harriet

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nicolas - you called yourself a fugitive. Have you been convicted, or have you fled from the law and not been prosecuted?

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All I know is that was a warrant against me after I fleed with my child and never been prosecuted because I have been away.