Is it too late for me to turn him in?

[VictimNoMore]

I'm in Iowa right now but the actual sexual abuse was in Michigan and Tennessee. The last time he touched me was in 1991. I confessed shortly after I left Tennessee. But no one in my family wanted to do anything about it. He's family,and no one wanted to open that can of worms. He is my 1st cousin. He was not the only one. He let his friends abuse me too. I still remember their names. I was 8 yrs old the first time. Please tell me I'm not too late. I'm strong enough now to face him and tell my story to anyone who will listen. He needs to be embarrassed and have his sins find him out.

Any advice given will be greatly appreciated.

[seniorjudge]

You should talk to the cops in those two states.

[Happy Trails]

I'm in Iowa right now but the actual sexual abuse was in Michigan and Tennessee. The last time he touched me was in 1991. I confessed shortly after I left Tennessee. But no one in my family wanted to do anything about it. He's family,and no one wanted to open that can of worms. He is my 1st cousin. He was not the only one. He let his friends abuse me too. I still remember their names. I was 8 yrs old the first time. Please tell me I'm not too late. I'm strong enough now to face him and tell my story to anyone who will listen. He needs to be embarrassed and have his sins find him out.

Any advice given will be greatly appreciated.

How old are you now?

[VictimNoMore]

How old are you now?

I am 30 yrs old. Now I found something on this site that say there is no statue of limitation if there was actual penetration. He had sex with me on numerous occasions in those 2 states. We are related by blood so if I'm reading correctly he can still be charged, correct?

This is what I found.....

For criminal prosecution, depending upon the charge, the limitations period would normally be between six and ten years, possibly extended until the victim's 21st birthday. (For details, consult the statute.) For life offenses, such as first degree criminal sexual conduct, there is no limitations period.

First degree criminal sexual conduct is described at MCL 750.520b.
Quote:
Quoting Michigan Criminal Sexual Conduct in the First Degree
MCL 750.520b Criminal sexual conduct in the first degree; felony; consecutive terms.

(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:

(a) That other person is under 13 years of age.

(b) That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related to the victim by blood or affinity to the fourth degree.

(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled.

(c) Sexual penetration occurs under circumstances involving the commission of any other felony.

(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:

(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).

(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.

(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:

(i) When the actor overcomes the victim through the actual application of physical force or physical violence.

(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.

(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.

(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.

(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.

(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

(i) The actor is related to the victim by blood or affinity to the fourth degree.

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(2) Criminal sexual conduct in the first degree is a felony punishable as follows:

(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.

(b) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.

(c) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.

(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n.

(3) The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

[VictimNoMore]

You should talk to the cops in those two states.

What should I say to them? Is there a specific dept I should ask for? This happened in Willis/Ypisilanti Michigan and Cumberland Furnance,Tennessee.

[Happy Trails]

Michigan
Criminal Prosecutions
Comp. Laws § 767.24(1) & (2)

*There is no statute of limitations for sexual conduct in the 1st degree.

*The statute of limitations for certain offenses is 10 years after the offense is committed or until the victim’s 21st birthday, whichever is later.

*There is no statute of limitations for these offenses if evidence contains DNA that is determined to be from an unidentified individual. The offenses included are:

> Criminal sexual contact in 2nd through 4th degrees
> Assault with intent to commit criminal sexual conduct

Civil Actions

Comp. Laws § 600.5851(1)
The statute of limitations extends for a minor entitled to file a claim for 1 year after he or she reaches 18 years of age.

----------------------------------


Texas
Criminal Prosecutions
Crim. Proc. Code art. 12.01

* There is no statute of limitations for sexual assault where DNA evidence is collected and subjected to DNA testing and the testing results show that the matter does not match the victim or any other person whose
identity is readily ascertained.

* The statute of limitations for filing a criminal claim for certain offenses is 10 years after commission of the offense. The offenses included are:

> All other sexual assaults
> Injury to a child punishable as a felony of the 1st degree

* The statute of limitations for certain offenses is 5 years after commission of the offense. The offenses included are:

> Kidnapping
> Injury to a child not punishable as a felony of the 1st degree
> Abandoning or endangering a child

* The statute of limitations for certain offenses against a minor is a period within 10 years after the victim reaches age 18. The offenses included are:

> Indecency with a child
> Intentional or knowing sexual assault of a child
> Intentional or knowing aggravated assault of a child

* Generally, the statute of limitations for a felony is 3 years after commission of the offense.

Civil Actions
Civ. Prac. & Rem. Code §§ 16.001; 16.0045

* The statute of limitations for certain offenses is a period within 5 years after commission of the offense. The offenses included are:

> Sexual assault
> Aggravated sexual assault

* The statute of limitations will not begin for a minor entitled to file a claim until he or she reaches 18 years of age.


Above information found and credited to:

Child Welfare Information Gateway.

Available online at ;http://www.childwelfare.gov/systemwi...imitations.cfm.

[VictimNoMore]

I called the police in willis,michigan. gave them my story and they are suppose to call me back. Last time he abused me he was 20 yrs old. His bday is in jun 1971. Last time was in july 1991. so even if the abused started when he was a juvenile he could be charged as an adult for the later stuff right?

The abuse started in 1984 so he was 13 yrs old back then.

[Happy Trails]

I called the police in willis,michigan. gave them my story and they are suppose to call me back. Last time he abused me he was 20 yrs old. His bday is in jun 1971. Last time was in july 1991. so even if the abused started when he was a juvenile he could be charged as an adult for the later stuff right?

The abuse started in 1984 so he was 13 yrs old back then.

Look back at the thread I provided, I edited to add a link for 'Michigan Criminal sexual conduct in the first degree '.

EDIT: I didn't see your edit where you also included the statute I linked.

You have the facts, you should be able to apply your situation to the ones outlined in that statute.

Please keep in mind these cases are not always the easiest to prosecute after so much time has passed, especially if there isn't any type of proof.

[cdwjava]

In fact, absent a confession or an eyewitness to the act, they are almost impossible to pursue. And if one or both parties no longer lives within the jurisdiction, the chances of this kind of case getting beyond the writing stage is slim to none. Few agencies have the resources to investigate a matter with a small chance of prosecution, especially since it would likely involve sending personnel out of state to interview one or both parties. Plus, it is likely that the SOL has run its course or soon will.

Certainly, speak to the agencies of jurisdiction, but also consider counseling for yourself. Prosecution or civil action may not be in the cards, but you CAN take steps to heal yourself and move beyond this.

- Carl