Am I Past the Statute of Limitations to Sue for Statutory Rape

[alicemasters]

My question involves criminal law for the state of: New York

When I was 16 years old, a 32 year old man had sex with me repeatedly over the period of 1 year. He coerced me into oral and anal sex as well. At times, I actually did say no to him, but he would hold me down. Because I was so young, he was always able to apologize, and I would forgive him and stay in the "relationship" with him.

I am now 35 years old, and since becoming a mother, and this has been weighing heavily on me.

My question is... what is the statue of limitations in New York for pursing damages? I have tried finding the answer online but I've seen many different answers.

It has been 19 years, which I realize is a very long time. I'm most likely too late. I would greatly appreciate any advice on any legal action I could take against him.

Thank you so much for your time.

[flyingron]

Alas, it is too late. Even under today's much more liberal statute of limtiations, it expired when you turned 21 even in the most general case. In fact, in your case, you had only a year to pursue a suit (no extension until you were 18).

[hr for me]

Asking very gently -- have you ever gotten any counseling to move forward? It might be worth it just to be able to talk it out with someone who can listen and possibly give some pointers on how to move past it. After 19 years, "weighing heavily" is not good for your health, mental or physical..... I wish I couldn't speak from experience of being assaulted and the person never being brought to justice. It's been 27+ years now. I rarely think of it unless I read a post like this....hugs....

[Taxing Matters]

Alas, it is too late. Even under today's much more liberal statute of limtiations, it expired when you turned 21 even in the most general case. In fact, in your case, you had only a year to pursue a suit (no extension until you were 18).

It is likely much too late. However, I disagree that under today’s law she would have had only one year. Some of the acts she alleges would be forcible rape (rape in the first degree) for which the statute of limitations (SOL) is five years under CVP 213-C and that time would not start to run until she turned age 18. But that of course only extends the SOL to age 23. She ought to consult an attorney in any event since it may be that something has tolled the SOL such that it might still be open. It is extremely unlikely, of course, but without all the facts I cannot say for sure that there is no chance to pursue it now.

[flyingron]

You misunderstood. I was referring to the statute of limtiations law as it applied at the time. The five year passage you quoted was passed in 2006. Prior to that, the limit was a year from the occurance except in certain "position of trust" aspects that don't seem to have applied here and there was no tolling until the victim turned 18.

[Taxing Matters]

You misunderstood. I was referring to the statute of limtiations law as it applied at the time. The five year passage you quoted was passed in 2006. Prior to that, the limit was a year from the occurance except in certain "position of trust" aspects that don't seem to have applied here and there was no tolling until the victim turned 18.

Ok, thanks. It was not clear to me that you were referring to the law at the time rather than the current law.