How Many Years Later Can You File a Lawsuit Over Sexual Abuse

My question involves an injury that occurred in the state of: KY

I was raped by my neighbor- I was 6 he was 15. I was lied to by police and parents when I was a teen, and just last year (age 41) that there is no statute of limitations. He was questioned by police, and admitted to touching me inappropriately. Then he hired an attorney who told him to shut up. Since he was 15 (but a junior in high school) he is being charged as a juvenile. He has refused any plea offer, and the prosecutor is filing a motion to have the case transferred to circuit and him charged as an adult. The way I see it a grand jury would indict since he confessed. But if this falls through, can I file a civil suit? I just want to get his name on a record in case there are more victims.

If he has been charged, then his name is already on record. The arrest would STAY on record, regardless of the outcome of the criminal case - unless found "not guilty" AND he sucessfully received an expungement (which isn't easy).

But as of now he has been charged as a juvenile (even though he is 52), so no it is not on his record. I am waiting for a transfer hearing to have him charged as an adult. He is opposing the transfer and the defense is quite certain that a grand jury will not indict. I realize that I am playing a chess match here. I want to know how hard I can push. Is a civil suit feasible?

Under Kentucky law, KRS 413.249, the civil statute of limitations for childhood sexual abuse requires that a lawsuit be brought within five years of the commission of the last of a series of acts by the perpetrator, within five years of the date the victim knew or should have known of the act, or within five years after the victim reaches adulthood (age 18).

Why did the police start investigating this case, some 35 years later?

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the prosecutor is filing a motion to have the case transferred to circuit and him charged as an adult

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That'll create the record.

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I just want to get his name on a record in case there are more victims.

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What impact do you think that would have, even if there are more victims?

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Quoting aardvarc

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That'll create the record.




What impact do you think that would have, even if there are more victims?

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Simple- justice.

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Because rape of a minor under the age of 12 is a class a felony without a statute of limitations.

Justice? I'm not following you.

Being guilty of hurting you doesn't mean he'd ever be found guilty of anything else.

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Without physical evidence, I think the DA has more than an uphill battle. The fact that they're more or less "threatening" him with taking it to higher court unless he takes a plea, confirms that thought for me.

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Quoting Mr. Knowitall

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Why did the police start investigating this case, some 35 years later?

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Because rape of a minor under the age of 12 is a class a felony, and there is no statute of limitation.

And your attorney also needs to look at the laws from WHEN IT HAPPENED.

With all due respect, I'm not asking for advice on the criminal case. My DA is more than willing to prosecute. And we have all become well versed in 1976 law.

Okay.

Say you sue him in civil court. Say you win. Winning is the easy part. Collecting the judgment? Different matter entirely.

You're welcome.

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Quoting petunia325

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Because rape of a minor under the age of 12 is a class a felony, and there is no statute of limitation.

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That's not what I was asking. You have suggested that the police were aware of the offense @25 years ago, perhaps earlier, but no action was taken. Something inspired the police and prosecutor to take another look at the case. What is that something?

When I was 17 I asked a police officer about it. He told me the statute of limitations had expired. It was an informal conversation, not an actual filing of a complaint.

My point has been, what was the law THEN. It may have been CORRECT at that time that the SOL had expired.

And that has been researched and answered. It was a class a felony in 1976 as well. In 1976 the case would have automatically been turned over to circuit and he would have been prosecuted as an adult, as the juvenile system was in its infancy. It is the law now that the DA is arguing against. The transfer hearing should be no problem. He is on his second defense attorney.

I have talked to a local attorney and gotten advice on the civil side of it. This is one of those cases where the criminal law is on my side, but civil isn't. Thanks for your time.

We covered that in response #4.