Criminal Sexual Conduct Statute of Limitations
My question involves criminal law for the state of: Michigan
My father raped and sexually penetrated me from age 9-12 in the state of Michigan. Once this was reported to Child Protective Services when I was in 7th grade, he had to live outside of the home for a few years and we had to attend family counseling. During this time, I also had to go to the police with my mom to let them know if I wanted to send my father to jail. Of course, due to my mom's pressure and being in my early teens, I told the police that I didn't want to send him to jail. Eventually, he was allowed to move back in the home where he again tried to sexually molest me but didn't succeed. Close to 20 years later, I am now 32 years old. The effects of my dad's sexual abuse and my mom's emotional abuse have been devastating within multiple areas of my life. Therefore, I would like to find out if there is a potential for legal recourse concerning my dad's actions? I now live in Texas but my father still lives in Michigan. Does the Michigan statute of limitations allow me to file criminal or civil charges against my father's criminal sexual conduct actions? Does the law provide me any legal rights close to 20 years later?
Re: Criminal Sexual Conduct Statute of Limitations
The criminal limitations period is normally ten years, or when the victim turns 21, whichever is later.
Re: Criminal Sexual Conduct Statute of Limitations
Quote:
Quoting
ashleypark
The effects of my dad's sexual abuse and my mom's emotional abuse have been devastating within multiple areas of my life. Therefore, I would like to find out if there is a potential for legal recourse concerning my dad's actions?
Both the criminal and civil statute of limitations for you to take action have passed. Criminal passed two years from you turning 18, and the civil, which started running when you turned 18, ran out on your 19th birthday - see MCL 600.5851(1).
No doubt that the events caused much personal and emotional trauma, but even IF you were able to bring BOTH civil and criminal cases, and won a huge sum of money and he (and your mom) both went to prison for the rest of their lives, none of it would be undone or improve your mental or emotional health. You'd be rich and devistated, (assuming they had any money worth suing FOR) but still devistated. At this point, all you can do is work on you; figuring out what bad baggage (often in the form of unhealthy coping skills) you're still carrying around, and learning to replace it with healthier stuff.
You might consider getting into therapy with someone with solid experience in working with survivors of childhood sexual abuse, or, you might do some reading on the subject (see Resources for Adult Survivors of Childhood Sexual Abuse), or, you might join a support group, either online (like Pandora's Project), or in your community - or some combination of the above.