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  1. #1
    Join Date
    May 2011
    Posts
    9

    Default 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.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Lawyer

    Which US State?

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

    And how long ago did this happen?

  3. #3
    Join Date
    May 2011
    Posts
    9

    Default Re: Lawyer

    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.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Lawyer

    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.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Lawyer

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

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Lawyer

    Quote Quoting cyjeff
    View Post
    In most jurisdictions, DAs will not prosecute a statutory rape case where the parties married afterward.


    Very true.

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

  7. #7

    Default Re: Lawyer

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

  8. #8
    Join Date
    May 2011
    Posts
    9

    Default Re: Lawyer

    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?

  9. #9

    Default Re: Lawyer

    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.

  10. #10
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can You Sue Over Statutory Rape

    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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