Assault Made While I Was a Child - Can I Still Press Charges Now That I'm an Adult
My question involves criminal law for the state of: California
I turned 18 five months ago and I was wondering if it was too late file a law suit towards the sheriff's department for a physical assault made by a female sheriff while I was attending a sheriff department funded summer camp.The sheriff grabbed me by arm shook me and cursed in my face. I was around ten years old at the occurrence but my parents did not want to file chargers for me. Now that I am an adult, I feel compelled to take legal action. There are many witnesses to the event who are other than family whom I still have contact with. I also made my mom take me to the doctors so I could get documented proof that she bruised my arm during the incident. Am I able to do anything although the statute of limitations is up?
Re: Assault Made While I Was a Child. Can I Still Press Charges Now That Im an Adult
You have proof of a bruise - this is not proof of who was responsible.
I'm not entirely sure what you wish to accomplish here. Is it financial reward?
Re: Assault Made While I Was a Child - Can I Still Press Charges Now That I'm an Adul
You posted this as a criminal law question. You don't "file a lawsuit" for a criminal case, you make a report to the police and see if the investigation results in the pressing of charges against the suspect. After eight years, the criminal statute of limitations for a charge like this would have run.
If you had a bruise on your arm and went to the doctor to claim, "I got this bruise on my arm at camp when I was manhandled by Deputy [X]", the doctors were mandatory reporters - if they believed that they were seeing evidence of abuse against a child they would have reported it to the authorities. What were they told about how the bruising occurred? Did they make a report?
If your goal here is a civil lawsuit, as Dogmatique suggests, you will need to prove damages. It's not that you can't recover money for a bruise - it's more that the amount likely to be recovered would normally be trivial. Also, the rest of the facts will matter.
Re: Assault Made While I Was a Child - Can I Still Press Charges Now That I'm an Adul
Quote:
Quoting
avelazq2
My question involves criminal law for the state of: California
I turned 18 five months ago and I was wondering if it was too late file a law suit towards the sheriff's department for a physical assault made by a female sheriff while I was attending a sheriff department funded summer camp.The sheriff grabbed me by arm shook me and cursed in my face. I was around ten years old at the occurrence but my parents did not want to file chargers for me. Now that I am an adult, I feel compelled to take legal action. There are many witnesses to the event who are other than family whom I still have contact with. I also made my mom take me to the doctors so I could get documented proof that she bruised my arm during the incident. Am I able to do anything although the statute of limitations is up?
The statute of limitation for any criminal charges has long since passed - even if the assault was a felony (which it does not appear to be).
It appears that, in theory, you have two years from your 18th birthday to file a civil suit, but what damages did you accrue? How much would you seek to make you whole? As Mr. K inferred, lawsuits are about money, not about retribution. It appears that you suffered no real damages from the incident so it does not appear you'd have much of a claim even on the off chance you could find an attorney willing to pursue the matter on your behalf (and for a lot of money up front).