Third parties and insurance held liable for attacks – recovering compensation after a rape
A trusting patient with an unscrupulous doctor; a train passenger trying to enjoy a peaceful journey; and a young woman sleeping in her own home. All victims of sexual assault committed by perpetrators who were later found liable for their crimes.
Those findings provided much needed financial restitution for the victims’ pain and suffering.
After an attack, sexual assault and domestic violence survivors are often focused on healing, both physically and emotionally. What they may not realize is that financial compensation from a civil lawsuit could help pay for medical bills, relocation, lost wages and numerous other expenses that they may be forced to deal with as a result of being attacked.
Financial compensation from a civil lawsuit could help pay for medical bills, relocation, lost wages and other expenses
Civil remedies can also help prevent other incidents of violence by holding third parties responsible for their failure to put a stop to these often foreseeable crimes, according to Colleen M. Quinn who runs the Women’s Injury Law Center out of the firm Locke & Quinn in Richmond, VA. The Center provides legal services for women who want to be represented by women.
Colleen launched the Center in part to raise awareness for victims of rape and sexual assault who may not realize that there are potential civil recoveries that they can receive, in addition to a criminal case.
Attacked in her own home
While there can be compensation in a criminal trial, it is often minimal compared to a potential civil case outcome, especially if a third party is involved, Colleen said.
One case involved a maintenance worker in an apartment complex who raped and stabbed a woman, leaving her to die in her own home.
The woman hired Colleen and they launched a civil case against the temp agency that employed the maintenance worker, which had failed to do a thorough criminal background check on him, and against the apartment complex, which did not allow tenants to install deadbolts in their apartments.
Both companies were found liable and the woman received $3 million in settlement. The settlement helped cover her therapy and other recovery needs, including her move to a house in a safer part of town with a security system.
Colleen, herself a domestic violence and stalking survivor, worked during law school with battered women’s programs and realized that nobody was creating awareness for women on their potential civil rights in these cases.
“A civil lawyer can make sure that every stone has been turned over and that all remedies are looked into,” Colleen said.
How to proceed with a civil case
“Victims do not typically receive compensation from the assailant unless there is the potential of recovery in the form of professional malpractice or homeowners,” Colleen said.
There are three basic components to any civil tort action: liability, damages and collection.
When evaluating the feasibility of a sexual assault case, it is ideal to start with assessing the third component: collection, Colleen said. “No matter how severe the damages and how clear the liability – if there are no assets worth pursuing and nothing to recover for the victim – then why bother?”
There are certain situations that lend themselves more easily to a successful civil case. For example, malpractice may come into play if the perpetrator is acting in a professional capacity, such as a doctor who assaulted his or her patient.
“We had a client who sought medical attention for neck and shoulder problems, and her doctor performed vaginal and breast examinations, which he convinced her were necessary for treatment,” Colleen said. “There was no nurse in the room. During the third exam, the client noticed that the doctor had an erection. Then the light bulb went off in her head that something wasn’t right here.”
The client successfully sued the doctor through his malpractice insurance.
However, not all claims involving doctors are successful.
In another such case, by the time the doctor had assaulted Colleen’s client, so many complaints had been filed against him by other women that he was already in the process of losing his medical license. Malpractice insurance therefore wouldn’t cover the claim against him and the woman only received a minimum amount of private money from the former doctor.
Insurance can sometimes cover assault
If the assault happens outside of a professional situation, there may still be opportunities for compensation.
While homeowners' and renters' insurance may provide coverage in some cases, typically they exclude intentional acts, punitive damages, and acts by others in the household. Automobile and general liability policies also typically exclude intentional acts.
However, nearly all insurance policies will cover negligent or reckless acts. For example, in another case of Colleen’s, a drunk man allegedly sexually assaulted a woman on a train, leaving finger marks on her breasts and thighs. However, the man claimed that the train turned suddenly and that he lost his balance. In his scramble to get up, he claimed that he accidentally left the bruises on the woman.
While this excuse led to a plea agreement in the criminal case, it actually helped the victim in the civil case. Because the alleged molester had condominium coverage and argued that the assault was accidental, the case settled for a respectable sum under his homeowners' insurance, which covered accidental damages.
The defense argued that the assault was accidental - the case settled for a respectable sum under his homeowners' insurance, which covered accidental damages.
However, intentional versus accidental can be difficult to prove. For example, if someone is beaten by a spouse or domestic partner, it is considered an intentional act and not covered by homeowners' insurance.
On the other hand, if a third party fails to act to stop an assault, there may be a claim.
Before she represented plaintiffs, Colleen was a defense attorney. She represented the liability homeowners' insurance in a civil case where a grandfather was molesting children in his home. Since the grandfather’s acts where intentional, his homeowners' insurance would not cover the claim. However it appeared that it would cover a claim against the grandmother because she failed to act to prevent the abuse.
Reviewing the three prongs of a personal injury case
There are three prongs in deciding whether or not a criminal assault can be pursued as a personal injury case. In Virginia, where Colleen practices, she looks at liability, damages and collections.
“Collections is actually the first prong. If you can’t collect it doesn’t matter how much the liability or the damages are,” Colleen said. “The whole idea is to get some recovery for this poor victim.”
The amount of money a victim can get often depends on how bad the injuries are and what fees will be required for medical treatment and continued therapy. Most cases reach confidential settlements before they reach trial.
There are cases where there is some compensation potential, but the emotional toll might be too much for the client to bear. “You have to be careful of not re-victimizing the victim in these cases. Sometimes it’s better to put [the assaulter] in jail and let the victim move on,” Colleen said.
“We get calls every week with these types of cases. Recently a woman was raped by her uncle and they wanted to pursue a civil case, but he had no assets and there was no bystander who allowed it to happen,” Colleen said. “In those situations I have to say I’m sorry, I know that there is clear liability but there is nothing worth going after.”
When does a premises owner have a duty to prevent an assault? If the owner knows about recurring crimes, or they know about a crime that is happening at the time and do nothing about it, they can be held liable, Colleen said. For example, in areas that are crime ridden but don’t have adequate lighting or surveillance, the owner can be held liable. However, this is only true if there were prior bodily assaults in the area, rather than thefts or other non-violent incidents.
Nuts and bolts of a civil case
Pursuing civil actions after an assault can be challenging and it is important to determine the severity of the injury and the applicable damages, which need to be sufficient enough to warrant a decent settlement. Factors include:
- Significant injuries; alleging mere fear is insufficient.
- Psychological or emotional damages supported by testimony of medical professionals.
- Lost wages and earning capacity, medical bills, counseling bills, loss of household services and prescription and medication costs.
- Scars, disfigurement, disability and other permanent injuries or losses.
It is important that the victim obtains mental health counseling during this process, Colleen said. “Post traumatic stress disorder and many anxiety disorders are typical injuries to victims of crimes, but those disorders often go undiagnosed unless the victim is receiving treatment by qualified mental health professionals.”
Assault and battery
Most states recognize a civil cause of action for assault and battery. For example, a victim of sexual assault may bring an action for false imprisonment against a perpetrator of a sexual assault if the victim had his or her freedom of movement restrained during the attack.
Employers may be held liable in assault and battery cases if an employee acting in the scope of his or her employment, within the ordinary course of business, commits an assault. Employers also have a duty to inquire as to the employee’s “past record, habits, or general fitness for the position” of hire.
Special, elevated duty of care
As in the case of Colleen’s client who was raped in her own home, a landlord can be held liable for the actions of their employees under a provision known as Special, Elevated Duty of Care.
Parties that are shown to have a special relationship with the victim include include landlords, innkeepers, hospitals, psychiatric institutions, nursing homes and schools.
According to Colleen, examples of third party liability arising out of special relationships include:
- a landlord who has prior knowledge of a violent crime occurring on the property, but fails to fix a broken lock despite the tenant’s request, and the tenant falling victim to an assailant who accessed the door with the broken lock.
- a college or university that, having prior knowledge of a student’s propensity to commit sexual assault, fails to expel the student, leading to a sexual assault being committed by that student.
- a nursing home or psychiatric ward whose agents have been put on notice that a resident had made sexual advances on another resident, but failed to take adequate precautionary measures before a sexual assault occurred.
- a common carrier (bus, plane, train, ship, etc.) continues to serve a passenger who is clearly drunk, and that passenger assaults another passenger.
Other potential civil cases
There are other scenarios that could result in financial compensation for the victim, including an assault occurring within the course of the victim’s employment, which could amount to unlawful sexual harassment under the Civil Rights Act of 1964.
An assault or other violent crime that involved a member of the federal government may also become a civil case.
Steps to making a civil claim
Sexual assault and domestic violence survivors should first and foremost work with police to pursue criminal charges against the attacker. As part of both the criminal and civil cases it will be important for the victim to preserve evidence from the attack. They should also seek the help of medical and mental health professionals as they are working through the trauma.
When considering a civil case, victims should also be aware of the statute of limitations, which is generally two years for tort action. If they desire to pursue a civil suit, they should contact an attorney with experience in this area of law.
Victims also may need additional therapy to help deal with the stress of a civil suit, Colleen said. The most important thing for both the client and the attorney to remember is to not be victimized all over again by the legal process.
Have you been a victim of assault and wished to pursue civil action? Please share your story below.
The Archdiocese of San Francisco Files for Bankruptcy Amidst Rising Lawsuits
San Francisco Archdiocese seeks bankruptcy protection. Delve into the implications for abuse survivors.
Savannah F says
I want to bring some sort of civil action against my RAPIST, How & where do I file the papers? Can I file myself ? In which local cort do you do this ,?
Carrie Warren says
Hi Savannah,
I’m so sorry you’re in the position to file such a suit. There’s quite a lot involved so I’d suggest meeting with an attorney for a consultation – even if you plan to represent yourself. I filed a suit myself once and before starting I met with an attorney for a paid consultation to get an idea of what was needed. (He was being paid for his time, so I didn’t feel like he was trying to sell me on using his services.) My case was super simple, so I got what I needed from him and handled the rest on my own. I’m not sure this one would be the same – but a consultation is always a good place to start.
Not sure where you’re located – but here’s our attorney directory: https://www.enjuris.com/directory/
Mike Reid says
A close friend was recently raped while working In a FedEx warehouse-on the clock and on property. She filed initial poilce report and did he rape kit at the hospital. Police have told her that they have enough physical evidence to send him to prison, but right now she does not want to pursue any legal action. She gave me permission to research what her legal options are pertaining to a lawsuit. What should I tell her?,
Carrie Warren says
Hi Mike,
How awful. First, what a great friend you are. This is undoubtedly a terrible time and it can be really hard to walk through this with someone. if you find yourself needing support, here’s a great resource designed for family and friends of survivors: https://www.vanderbilt.edu/projectsafe/supporting-survivors/
About litigation, I’d find a local attorney and ask them about the statue of limitations as well as the impact of the rape kit and whether or not a criminal case needs to precede a civil suit.
Best wishes, Mike.
Lillian says
My roommates tinder date raped me while I was asleep In my own room, left the condom behind still in me. I got the rape kit done. He was actually a special forces army ranger.
What are my options as far as suing for restitution?
Thank you.
Nancy Rapp says
Hi Lillian. I am so sorry to hear what happened to you. You did the right thing by getting a rape kit. Your next step is to speak with a personal injury attorney who can file a civil action for damages such as pain and suffering. Please browse our attorney directory and look for an attorney near you. Consultations are typically free.
Paul says
My step daughter was raped at house party. The homeowners were away and their daughter had a party. People watched it happen and did nothing to stop it. What are our options. Can we sue the homeowners and the rapist?
Nancy Rapp says
Hello. I’m sorry to hear that happened to your daughter. The homeowners are probably not liable for the party. As to the witnesses and the rapist, a lawsuit is certainly possible. I encourage you to use our attorney directory to find a personal injury attorney near you and schedule a consultation.
stephanie Erickson says
My friend was assaulted by a correctional office and he was found guilty and loat his job. My friend was told evidence was lost. He was convicted.
She was unaware of her rights towards a civil suit until i spoke to her today.
She suffers ptsd and is fearful to pursue.
Haopened in mn 2013 is the 18+6 rule applicable?
Nancy Rapp says
Hello Stephanie. I’m sorry to hear about your friend. With that fact pattern in mind, it’s best she speak with a personal injury attorney. Due to her emotional suffering, the statute of limitations is not set in stone. Use our directory of personal injury lawyers to find one near you.
Mary Wells says
A man I meet on line claimed to be a gentleman, missed that clue, I men him first in a public place he seemed gentlemanly enough. He asked for a kiss but I suggested a hug.
We corresponded on line. And I believed him to be safe. He told me of his home life and his name in only wife his two sick children. I felt he needed a friend to talk to. He said all his wife did was yell. I invited him to my home for tea one afternoon. We were sitting talking and the next think I knew he was on top of me pulling my pants down . Now he is 6’1’ 250 lbs. I’m 5’ 1 and 120 lbs. I was afraid if I tried to fight him off I would get the worst of it, so thinking it might be safer to not resist and live, hopefully. I didn’t file charges because I had personal friends that were police and I was so ashamed because of what happened. I didn’t want anyone to know. Now the statue of limitations has run out and I’m wishing I had had the nerve to report it back then. I feel there shouldn’t be a statue of limitations on rape attacks in any state
Nancy Rapp says
Thank you for sharing your story, Mary. We are sorry to hear what happened to you.
Susan Rose says
In January 1974 i was s ward of the state of Tennessee, my family had beaten me severely, and I was there for removed from my family. Which was a relief Beyond imaginable because of the physical abuse in my family. I was put into a children home which was the best children’s home in town and it was fabulous. We had the sweetest most darling elderly lady is our house mother. The organization decided to change their format and to bring in couples as house parents. The man has house parent chose me, for some reason, well actually he was blackmailing me, to visit 2 or 3 times a week and rape me. Through all the Catholic stuff and everything that’s going on for the last 40 years regarding these kind of things, it is never done done me to sue. The me-too movement has brought up a lot of trauma for me. There the day I had the random thought to sue the children’s home organization which is still around. They just sold off this incredible piece of property in the heart of Nashville and have a lot of money. I’ve known this for quite some time but again to stop never occurred to me until the other day for some strange reason. So it’s been many many years I don’t know if it’s an option for me to sue. I like to know if I have any options and if so what do I do? I have been in and out of therapy for all these issues for years the issue of these rapes has been the most difficult of all the things that have happened to me to talk about I have talked about it periodically, it’s still extremely difficult for me to talk about.
Nancy Rapp says
Hi Susan. I’m so sorry your life has been so traumatic. You can try to speak with a personal injury attorney, but in all likelihood, the statute of limitations has passed. I do hope you continue to receive therapy, though.
Amy says
My ex husband was extremely physically violent with me. We had 2 children who are grown adults raised by myself w no child support..since he always hid his income or did not work..He was ordered to pay 50 or week, & would only when threatened with a warrant for non payment of child support. So..I got little to no child support. I had to take out a minimum of 15 restraining orders. He also had a serious criminal record. In 2001 he threatened to kill myself & family..He was arrested, went to criminal trial & was convicted & sent to jail. Since he was a witness in a murder case he was released early for his safety in jail. He was also convicted for violating restraining order I took out 10 yrs prior to 2001 conviction. A lawyer I spoke with told me he has never before seen a worse case of domestic violence & failure to pay child support. My kids are now in their 30’s. My ex husband is now doing very well financially. He owns his own company. He was recently divorced. He bought the house from his now ex wife for 464,000. I on the other hand am not doing well financially. Is there any way for me to file a civil lawsuit against him? I know the statute of limitations has run..but he had zero money @ time of his conviction. I also received 10 yrs of therapy. I was injured badly in work place accident & cannot work due to permanent disability. I want to buy a condo/am house but cannot afford it. My case is unusual due to the severe domestic violence my ex husband inflicted on me & children. Please advise
Nancy Rapp says
Hello. I’m so sorry to hear all that you’ve been through. It seems as though you have spoken with an attorney, but perhaps another consultation with one of the personal injury attorneys in our directory can help. Perhaps you can receive more workers’ compensation or there may be a way to bypass the statute of limitations due to your circumstances. We wish you the best.
Katie Sims says
My husband went to prison for violation of a no-contact order against me and was released with another order put in place by the prosecuting attorney as conditions of his release that he had to stay away from me a little after 2 weeks that he been out the county sheriff showed up at my house in which me and my husband had never lived in together and serve me with a restraining order against me saying I had to leave my home at 11:30 at night when are you in said how is this possible my husband just out of jail he has an order and they told me there was no order in the system against him only the one against me and when I asked him to check again cuz they were wrong they said if I didn’t stop arguing that I would go to jail and refuse. I immediately called the sheriff’s office after leaving on foot with my husband and his family right down the street and the Sergeant on duty verified that there it was a fact and an order in the system and could not tell me why they didn’t see it when I left my house the police would not let me lock my door or take anything with me and they gave access to my house to my husband. He had the entire house empty by the next day including every one of my personal belongings since I threw all his stuff in storage and already given him the storage it was only my stuff in the house. A couple days later I did a standby, the police would not wait while I tried to find some of my stuff and they let my father-in-law sit in for my husband and dictate what I could and could not take with me after the police force me to leave my stepdaughter daughter and my son stayed behind and relied to saying that I scattered Grandma’s ashes all around the house as a result my step daughter came to where I was and physically assaulted me causing two black eyes and submit significant trauma to my face at that point I was homeless beating up and the police were treating me horribly and nobody would stick up for me. I ended up going back to the house and having to stay with my husband who turned psychotic on me started right back in with his abusive ways would not allow me to leave the house since then I have called the police five different times to report him violating the order I went down to the county and got a new order stating that I could have the house and he found the order before it could be served and the police refuse to enforce it even after finding him at my house the last two weeks I have been running from him and he has been calling and harassing and stressing everybody that tries to help me out he came and took my car he is threatening to kill me and himself police don’t help me and most of my friends won’t even answer my phone calls anymore my kids are with him because I am not able to go get them so he called and got my state benefits and my only source of income canceled when this is the first time ever I have been away from my kids and only for the last 2 weeks he is a very dangerous man who already was willing to risk 5 years in jail to call and harass me and stress me who now has been given the green light by at the police who refused to do anything and I truly believe he will hurt me and take my life
Amanda says
I was in very domestic assault where i was throwed out of the road and tried to contine that.Intil the police came amd arrested him. I have TONS of medical Tons of medical bills pain and suffering emltional and mental severe ptsd and its not right for me or mu children and parents watch me have seizure or the depression and other justice. Please help me.
Lance Buchanan says
Thanks for sharing your story, Katie. We’re sorry to hear about your experience with local law enforcement. We suggest contacting criminal defense lawyer in your area to look into your legal rights. In some criminal cases, a civil action may also be filed to recover financial losses from a defendant – in which case you could use our online directory of personal injury lawyers – but ultimately you’ll have to discuss the details of your story with an attorney.
Lance Buchanan says
Thanks for sharing your story, Amanda. We’re sorry to hear that you’re suffering emotional and mental anxiety. Consider looking into filing a civil lawsuit against the person who caused harm to you by talking to a personal injury lawyer, possibly one who also specializes in domestic assault. Depending on the details of your case and where you live, the law may grant you the right to seek damages. Talk to a lawyer to be sure – usually the first consultation is free so there’s no downside. Feel free to use our online directory to find a law firm near you – https://www.enjuris.com/directory/.
Lance Buchanan says
Thanks for sharing your story, Ofelia. That sounds like it was quite a traumatizing ordeal. We’d love to be able to give you an exact number, but that would be unethical and likely inaccurate. We recommend talking to a personal injury attorney who specializes in civil claims for criminal cases like rape. There are many details that go into calculating the compensation you may be able to ask for, so only by sitting down and talking to a lawyer can you get an accurate estimate of what you can realistically ask for. Feel free to use our free online directory to find a law firm (https://www.enjuris.com/directory/), or Google “personal injury lawyer for sexual assault” followed by your city or region. We wish you the best as you seek recovery and healing!
Laura says
Can you sue if the teen came into your home and molested your toddler? He was supposed to be playing video games with my teen son. He admitted to iluring my 4 year old to his room. No jail time because perp was 14. But the counseling and MD bills are unmanageable. We were harassed and had to move. My teen Has terrible PTSD from the peer harassment. The rapist was a well known athlete.
Ian Pisarcik says
Laura,
I’m sorry this happened to you. You can certainly sue the teenager on behalf of your toddler. Also, your son may be able to sue based on (among other theories) intentional infliction of emotional distress. I would strongly recommend meeting with a personal injury attorney in your area. Most attorneys will provide a free initial consultation and can explain your legal options.
Lea H says
My adult daughter was raped in may 2017 at a hotel. Is it too late to file suit against the hotel? And the man responsible was arrested and awaiting trial.
Jenny says
Hi….I was raped in my home twice by someone I let live with my family and I so he could stay sober. I was raped a third time by him and another woman at the same time in another county. Both DA’s are not pursuing for lack of evidence (even though I had a rape kit done which they did not analyze and the third rape was all on camera with me saying no). The detectives also said there were inconsistencies in my statements, but my statement to my county is different to the other county because of jurisdictions. I didn’t have to go into details about the rapes to the opposing jurisdiction in my statements. When I went to the hospital and made the statements with the police I told them they were doing drugs, I told them that he was going to flee the state because he told me he does that when he gets into trouble with the law. I am on the verge of a serious mental breakdown. What can I do? Where do I go from here?
Ian Pisarcik says
Jenny,
I am so sorry this happened to you. I would strongly recommend reaching out to a rape survivor support group as well as an attorney in your area to explore your legal options.
Ian Pisarcik says
Lea,
I’m so sorry this happened. In most states it is NOT to late to file a lawsuit. I would recommend reaching out to an attorney as soon as possible to discuss your case.
Bobbi Jefferson says
I was just wondering about the law that passed in New York the open window that goes in effect for child Rape victims. I was raped at 13/14 and got pregnant as a result. I am 43 now and found out that this man has done the same thing to others. I know DFS was called out a few times but never question anything. And the school I was going to just turned a blind eye. He took so much away from me and yet he gets to live his life as nothing happened. I am just finding out today that I did have rights back then that I could have sued when I turned 18. Is this to late?
Jen says
Hello:
My Daughter was raped while still under anesthesia in the hospital. Her hair was also cut by the medical staff at the OR.
She is still trying to come to terms how it could have happened in the Hospital.
I want her to sue. There is no excuse for the Hospital to leave her with two male nurses alone after the surgery.
Melissa Gold says
Dear Jen,
I’m so sorry that this happened to your daughter and your family. As this article indicates, you can make a civil claim for sexual assault. Because your claim is so serious and could mean major legal consequences for the hospital and its staff, it would be a good idea to consult an attorney before speaking with anyone else about this matter. Most personal injury lawyers offer a no-cost initial consultation. They’ll hear the facts of your case as you present them, and you can share any evidence you have. They’ll advise you about the best course of action to pursue a legal remedy. However, if your daughter is 18 years old or more and is legally competent, the decision whether to pursue the matter would need to be hers. Enjuris offers a law firm directory that you can use to find a lawyer in your state.
This sounds like a devastating event for your daughter (and for you). I hope that she’s able to find justice and peace.
Ian Pisarcik says
Bobbi,
I’m so sorry this happened to you. I would strongly recommend meeting with an attorney in New York to see if the New York Child Victims Act applies to you. Most initial consultations are free and you’ll be able to find out right away what options you have.
TJ says
I was raped by my father in law a few years ago and I was asked not to say anything by his wife (my mother in law). Though I filed a police report back then I never cooperated with an investigation trying to fit in with my new family. Now i see they have tried to sweep things under the rug and act like the incident never happened, I want justice. I cannot find an attorney willing to take the case because at this point it will only be civil and they don’t know how much money he has they can collect from. I need to do something about this and I don’t have thousands to spend on a lawyer. What can I do?
Ian Pisarcik says
I am so sorry this happened to you.
I would contact your local state bar association. Every state bar association has a “referral number” that you can call and explain your legal situation. The state bar will then refer you to an appropriate lawyer. Be sure to tell the person you talk to that you are looking for a “free” or “reduced-cost” attorney.
Good luck.
Anonymous says
I was raped last month in a bathroom at a college house party. I got the rape kit done the next day but don’t know if they found DNA or not because I didn’t open the case yet… I don’t have any witnesses that I know (everyone at the house was a stranger, including the rapist) so I don’t want to pursue criminal charges. I want to pursue civil action but I’m not sure if that’s enough information to prove him guilty. I suffer from PTSD, high heart rate and high blood pressure, loss of sleep and I attend therapy 4-5 times a week. I also had to drop out of school because of my loss of executive function. At one point I was taking 12 pills a day to help with the anxiety and low moods.
Rebecca Kleitz says
I want to sue the man who raped me when I was six/seven years old. He owns property in my home state of Vermont(where the assault took place), including a 50 acre apple orchard, and I don’t understand why he should be profiting so when I have suffered so much this last 50+ years. It’s not fair and it’s not right. He also raped and molested his sisters and brothers and they might even be willing to testify to that fact since their parents are both gone now.
Justice needs to be served to this man, one way or the other.
Ian Pisarcik says
I’m so sorry this happened to you.
I believe Vermont removed the statute of limitations for civil claims involving child sexual abuse last year. That means you would be able to sue the wrongdoer civilly even though it has been 50 years. I would recommend contacting an attorney in your area.
Ian Pisarcik says
I’m so sorry this happened to you.
I know you don’t think there’s a lot of evidence, but your attorney can help identify and collect evidence that you might not be considering. I would strongly recommend meeting with an attorney to discuss the case. If you don’t think you can afford one, reach out to your local bar association. Explain your situation and ask if they can refer you to a free or reduced-cost attorney.
Finally, I would strongly recommend contacting a rape support group such as RAINN (which offers 24/7 support). Not only can the support group help with the mental and physical challenges you’re facing, but you can talk to others about their experiences filing a civil lawsuit.
Best of luck.
Anna says
So I was raped last year. The rapist stole all of my money, my belongings, my electronics, everything I owed. I was kicked out of my home because I couldn’t pay rent since he stole all of my savings as well. I couldn’t work because he stole my means of work. I’m in the streets at the moment with no way of work.
My rapist is now in jail, the court hearing is over, and my attorney says everything is done now and to just move on. I asked if I could get at least some form of compensation, or the money he stole, which exceeds $3,000, but she says no, I won’t get anything.
The judge also said no. What the hell do I do? If he’s already been found and sent to jail, there’s nothing else I can do? I can’t believe my own attorney doesn’t even want me to get any compensation. Any advice? Because the case is now closed.
Bornunderstrangecircumstances says
Curious, I was born in California because my mom said she was raped by a stranger. I’m now in my 50’s and DNA led me to who the biological father is. I’ve written him without accusation to hear his side but he’s blocked me from all social media and blocked me from his immediate family. He’s a well connected multimillionaire which I’m sure puts him on edge. Mom spent my entire life dealing with PTSD and all other sorts of mental trauma since I’m sure she relived it every day. Is there recourse for her/me civilly? She’s afraid to press charges since they are both in their seventies and she’s not in the best of health. Oh and by the way, I’m not the only illegitimate child he created.
Melissa Gold says
Hello, there. There’s a lot to consider here, including the accuracy of the DNA test and applicable statutes of limitations. I’m sorry that you couldn’t get the resolution you were seeking from this person. Even if the DNA test is correct that this person is your biological father, it would be hard to prove a rape that happened more than 50 years ago. I would suggest consulting an attorney who handles these kinds of cases. The Enjuris lawyer directory can help you find an attorney near you. Best of luck.
katie says
I want to pursue criminal charges and possibly a civil suit. I was told the statue is up but from what I’ve read, it doesnt sound like it.
Ian Pisarcik says
Katie,
I would recommend contacting an attorney in your area. You can use our free online directory to locate an attorney. Most initial consultations are free, and the attorney will be able to review your specific case and tell you whether the statute of limitations has run in that first meeting.
Jayme says
About 6 weeks ago, I was suffering from an addiction to methadone and xanax. I was driving and became sleepy and felt as though i was about to pass out, so I pulled into a gas station. I passed out there with my car door open and was approached by a man who suggested we talk for a while to make me alert enough to make it home.
He helped my walk to his truck (a semi with a sleeping cabin) and put me in the front seat. I kept my foot propped on the door so it would stay open. I passed out and the next thing i knew, he was dragging me in the sleeping cabin and began rapping me. He then drove off and took me to a city 45 miles away, raped me again and dropped me in the middle of Oakland, CA. I got help at a transit station.
Can i sue the trucking company since he attacked me in their truck on company time?
Fyi I entered a rehab facility for my addiction and have 6 weeks clean.
I do suffer from PTSD depression and anxiety disorder and night terrors.
Please give me some insight on how to prove the company liable. Or what i would have to prove in order for them to be liable
Bianca C says
HI I was rape by my step father when I was 9 through 15 years old. when I courage to finally speak to my school and PD I was told that they didn’t believe me . I was told by the detectives that next time I lied they would place me in a foster home . I live with this all my life . They close the cases within 24 hours . Is there anything I can do now ?
Ian Pisarcik says
I’m so sorry this happened to you.
Generally speaking, you can’t sue the employer when an employee does something of this nature because the action is outside the scope of their employment. However, there are certain situations where the employer might be held liable (for example, if the employer negligently hired the employee). I would recommend speaking with a personal injury attorney in your area to discuss your options.
Melissa Gold says
Hello, Bianca. I’m sorry that happened to you. Some states have laws that allow lawsuits against offenders who committed sexual acts against children, even if they happened many years ago. You should consult a lawyer who handles these types of claims; they will advise you about what kind of evidence you need to prove your claim, what your recourse could be, and whether you’re still within the statute of limitations (time limit) to file a claim. You can also explore resources for rape survivors. Best wishes to you.
Ian Pisarcik says
I’m so sorry this happened to you. There are two types of cases: civil and criminal. It sounds like your criminal case is closed (the rapist was convicted and put in jail). However, assuming the statute of limitations hasn’t run, you can still file a CIVIL case against the rapist to recover damages.
I would recommend reaching out to a personal injury attorney to see if they are willing to take on your case. If you need an attorney who will work for free or at a reduced-cost, consider contacting your local state bar association for a referral.
J says
Born in 1984, struggling to understand How my mother was faded boozed and so addicted and so blind. Almost every memory I have she, unable to parent, protect or provide, she ignored purposely or accidently, getting drugs, from her boyfriend at the time,was a hidden fees she racked up, at my expense, was molesting me just about everyday for 2+ years. Im now 36,
Queen Em says
I was asleep while my boyfriend slept with me. He was drunk and I was forced to drink by his cousin. I’m now 4months pregnant as a result of that night. Is there any way I would win a civil suit if I filed for one ?
Melissa Gold says
Hello. I’m sorry you’ve been through this experience. I don’t have enough information from your question to know if there’s a cause of action for a lawsuit. However, you can (and should) seek help. If you believe a crime occurred, it’s also important to report it to the correct authorities. I would also encourage you to call the National Sexual Assault Hotline at 1-800-656-4673. Trained counselors can guide you toward legal resources in your area, along with the medical care you need and any additional support or resources. Be well.
Melissa Gold says
Hi, J — I’m so sorry for what you’ve endured. Thank you so much for sharing your story. Be well.
Casey Carpenter says
Covered up rape/PREA violation at a state prison facility. At least one medical record I saw myself falsified, denied proper channels of correcting it after transfer to new facility after my being in the hole for over a month- no one else punished. This was in 2014. Now, cured if hep c from the incident as of last January. Lost my wife, my son with relapsed stage 4 non-hodgkins lymphoma…my best friend…. and been homeless since July 26th, 2019. Received my SSI & part of my back pay literally the night before divorce court. No help. HAD friends in media and other official capacities- all silent. The state attorney general’s office under scott pruitt (complete with letterhead) conspired with the state DOC to call this a false claim and no one had touched it or believed it since. I tried anonymity. You can’t get justice or be heard with it. I tried suicide. Failed and was told I didn’t try hard enough. Just got back from a protest in LA where I was on FB live in front of the whole crowd knee-to-bumper with cars while people were being hit by cars in front of police who did very, very little about it. Mainly just for the cameras. Shut down an 8 lane highway leading to Hollywood blvd with them. Was homeless in LA until I managed to get the Amtrak back about two weeks ago.
No voice. No recourse. Oklahoma claims Sovereign Immunity. I claim I won’t let my losses and grief be for nothing. Whether it be by legal action or a public final one. Thank you for the read and your patience. All events current and ongoing as of July 5th, 2020.
Melissa Gold says
Hi, Casey. Thank you for sharing your story. I’m sorry you’ve been through so much. I hope you’ll be able to find justice, peace, and health to move forward. Be well.
Jennifer says
I am 49 years old. I reside in Georgia. I was a victim of childhood molestation by my father from the age of 6 to 13. This has affected every aspect of my life since then. Multiple failed marriages, depression with suicidal thoughts, many other things and a lot of fear. He now lives in Alabama. What rights, if any, do I have to sue him civilly? Would he still be able to be prosecuted? I’ve been to many therapist over the years, but I have never been able to fully deal with this.
Stephen Michael says
I was raped by a drunk girl in my sleep. I was completely subconscious and she took advantage of me. I woke up naked not knowing what had happened but all evidence pointed to one person. She then admitted to it the next day as I was hysterical and terrified of losing my wife. What are the chances my case would even be heard or taken seriously?
Ian Pisarcik says
While I can’t speak to how authorities will specifically handle your case, I can say that your case absolutely should be taken seriously.
The first thing to do if you’ve been sexually assaulted is contact the authorities and go to the hospital. The doctors will often be able to gather valuable evidence. Also, you should write down everything you remember as soon as possible (even if it’s only the events leading up to the rape).
You may also want to consider reaching out to a sexual assault service provider in your area.
Emy says
Hello I live in California, I was raped at a house party I went to about a week ago. I was drunk and didn’t remember what had happened until the next morning I was incredibly sore, I did not get the rape kit done. Is there something I can do? There might be witness but I’m not sure.
Ian Pisarcik says
I’m so sorry this happened to you.
The first thing you should do if you’ve been sexually assaulted is contact the authorities and go to the hospital. Even if it’s been a week, the doctors may be able to gather valuable evidence. Additionally, the police can start investigating the case and talking to witnesses. Also, you should write down everything you remember as soon as possible (even if it’s only the events leading up to the rape).
You may also want to consider reaching out to a sexual assault service provider in your area.
TeenQueenWrongedForLife says
I won a beauty pageant at 15. I was raped by a disc jockey working for the radio station that put on the event. I gave birth to a child. It ruined my life. My parents did nothing except blame me – the child. Is it way too late? I recently located the disc jockey. A DNA test would prove what I say.. I feel like all my couldhavebeens were stolen.
What are my chances?
Ian Pisarcik says
I’m so sorry this happened to you.
Whether or not the statute of limitations (the time you have to file a lawsuit) has expired depends on the state where the abuse occurred. You can find the statute of limitations for your particular state here: https://www.rainn.org/state-state-guide-statutes-limitations.
Regardless of whether your statute of limitations has run, I would recommend meeting with a sexual assault counselor in your area to get support and explore your options. You can find a counselor near you here: https://www.rainn.org/about-national-sexual-assault-telephone-hotline.
Sally says
I was raped by my father as a child. Statutes of limitations have been lifted so I can now persue a case against him as an adult. How long do these cases usually last for people-9 months? 1 year? Longer? Shorter?
Ian Pisarcik says
Sally,
I’m so sorry this happened to you. It’s impossible to know exactly how long your case will last. A number of factors impact the length of the case, including the available evidence and whether or not the defendant is represented by an attorney. What’s more, some courts are very backed up right now as a result of the COVID-19 pandemic. With all of that being said, most trials aren’t scheduled until at least a year from the date the lawsuit is filed.
Tommy says
About two months ago I realized I was molested by a aide at my Kindergarten Class.. He repeatedly did it.. It is all coming to memory. This is how he found out i was left handed. Now this was about 47 years ago.. I actually searched his name and he was convicted for Molestation but not from the school he molested me at… These memories are clearer and clearer and really causeing me bot to sleep and I am feeling guilty about all the relationship problems I have had due to my inability to initiate affection- which now I know why.. I have been through two divorces and really it is sad.. The teacher in the class must have known cause they let him take me to where he could donthose things to me.. What options do I have.? I would have come forward but This is all replying back and i am now remembering all this..
Faith says
I was raped when I was 14 by my “friend”. My parents didn’t handle it right and I just let it go. It changed me completely as a person. When I was 22 he became a somewhat successful rapper. It was traumatizing having to hear him and see him on television and the radio, but I still let things go. After a few more years I decided to seek counseling and change my life. Last year a sports team started playing his music Again and my PTSD started all over again. He then moved back to my neighborhood for a few months then he left. I know he’s working on another album and I’m afraid that I will have to continue hearing and seeing him in the public. I don’t know the statute of limitations. I’m now 40.
Jansis says
I was raped by my uncle almost 50 years ago. I never told anyone. I became pregnant and believe he is the father. I have recently told my sister. She thinks I should take some kind of legal action against him. My son doesn’t know, and my sister thinks we both deserve some kind of compensation.
Melissa Gold says
Hello. I am very, very sorry this happened to you and that you’ve lived in silence with this for so many years. You didn’t mention if you were a minor or an adult at the time you were raped, but a 50-year-old attack would be very difficult to prove. Even if you can prove that he is your son’s biological father, it might be difficult to show that it was a rape and not a consensual act if you were an adult at the time. I would encourage you to seek some counseling on this issue, if for no other reason than that opening this up after so many years will create trauma and could have unintended effects on you and your son. You can also contact a personal injury attorney who can review your claim and guide you through how you might be able to seek justice. Best wishes.
Tiffany says
Traffic stop turned into a witch hunt whereby an officer wrongfully took my husband to jail, truck towed, took my driver’s license, and my handgun, The officer then told me to walk… At 3am in (a small town) Texas over 50miles from home and no way to reach anyone to come get me! After two hours of walking in heels carrying my puppy and my guitar, and stopping several times to cry. It started to rain! (Yeah… ) And then he stopped – a man with scared lip in big white Ford truck. The Man (Mike an oilfield worker) asked if I need a ride…. Never take a ride from a stranger. And this is why…. About five minutes into an hour drive he did the unthinkable…. He used my hand to… Please himself…. I’m afraid to tell the police after what they did to my husband. And the few people I’ve told tell me it could have been worse and that’s all they say. Like it was no big deal? One even said what was I doing out that late… Like it was my fault? Maybe I shouldn’t have been out, but that’s a bit harsh punishment? My husband too who they released after 8 days and a letter to the Police Captain and local newspaper. He was released no charges. Cost almost 500 to get my truck back. And I never got my gun nor license back. Forgive me for saying it, but I’d of given anything to have had my handgun when that man took my hand…. I don’t know what to do about all this… Doesn’t feel right to just walk away and yet… that’s all I’ve been able to do. Physically that is….
Melissa Gold says
Hi, Tiffany. There’s a lot here and it’s hard to know what your rights or responsibilities are without all the facts. I’m not quite sure what you’re trying to achieve, either… it sounds like you want some sort of punishment for the man who gave you the ride, along with your handgun returned. As far as the weapon is concerned, if that’s something you wish to pursue, you’ll need to either work it out with the law enforcement agency that confiscated it or find a lawyer who can advise you. There might be a reason why it hasn’t been returned, but I don’t know from this set of facts what that would be.
The issue around the man in the truck will be proving that something happened to you. Unfortunately, absent physical evidence, this might be very difficult. However, you can certainly speak with your local law enforcement and see if they’re able to seek charges.
If you’re considering a civil claim, you need to prove actual physical injury that cost you money. If you think this might be the direction you’d like to take, you can consult a Texas lawyer for guidance about your legal options.
Novi says
I was raped by an intimate partner on thanksgiving. I reported it on dec 9. Im getting alot of push back because i waited two weeks i was in shock and traumatized. Ive hired an attorney to represent me . do i have a case? Should i just persue civil lawsuit.
Jamie says
My daughter was raped in my home in her room while I was home. She was drunk and I didn’t know it was rape until someone explained it to me that with her being drunk she didn’t know. I stopped it in the process but my ex is looking into a civil suit allegedly against the perpetrator. Should I be worried seen as he is blaming me?
Jamie says
I should tell you that she is not a minor but she isn’t 21 either.
Andrew Grevile says
I was housed in jail, and while housed there they put me in segregation on “droplet watch” witch means I was on a COVID 19 medical watch for having symptoms, while in my segregation cell that had a camera in the high top corner that see’s everything from my bed to my toilet where they can watch me go to the bathroom,it says in the “Canadian Charter Of Rights”(CCORF)…on my second day they and to strip search me and there was another inmate in the shower room and hear them debating on weather to wait for the person in the shower to finish to search me in there because there is no camera. So because they were impatient they decided to strip search me on camera that said it’s a violation of my charter rights a serious one at that, I wrote down an “inmate statement form” and wrote out in detail how they never waited and decided to strip me on camera, I felt so embarrassed and upset that they did so knowing it was wrong and me knowing that any sergeant can go back and play that for whom ever off of the video I was recorded on, I brought it to there attention right away and they began to tell me the camera didn’t work and it has been like that for a while, well those day shift correctional staff left and next shift started, I ask the new officer if the camera worked in the office and to my surprise he said yes and it also records to the Sergeants office also, so I was pretty upset for them lying and trying to cover up because they realized they made a serious violation of my rights,….any input would be so very much appreciated thank you
Donna says
I was raped by a police officer when I was 14. I’m now 48. I tried making a police report at the Sheriff’s department where he was working only to be mocked by Chief deputy and he took report but never did anything except humiliate me. Through the years I tried several more times to make reports and then he started harassing me and even came to my home and threatened me and my child. I have recently filed two other police reports but now they say it’s over the statute of limitations time. The perpetrator is now a retired Texas Ranger. I have lived and still live in fear every day of him and other police officers. Is there anything I can do? I have children and grandchildren and I am also concerned for their safety. Can I file a civil suit against him or the police?
Browne says
Hi.
I am actually not based in USA but my rapist is. I was raped in Africa at the age of 16 and got pregnant by my rapist then. I filed charges then and he was arrested by the police and while on bail he disappeared. I had the son who is now 33 years old. My life has been a turmoil and I have suffered emotional, psychological financial pain to say the least. At times things have been so hard i and my son had eaten off dustbins. My son also has been through emotional trauma and I cannot say how hard my entire life has been with my education halted and a chance to live my dreams all lost. I now recently located my rapist and father of my son who disappeared 33years ago living in USA and a top attorney in a prestigious firm. Is there any hope for me to get justice for myself and my son. My life is almost nearly over am already past 50 years old but I feel my son deserve to have justice.
Melissa Gold says
Hello, Ms. Browne. I’m sorry that you’ve been through so much. There are a lot of issues, here. Generally, a person can’t be charged in the U.S. for a crime committed in another country. However, if you are a U.S. citizen, it could be possible to try a crime against you in a U.S. court. But the other big issue is that it could be nearly impossible to prove a crime that happened in Africa 33 years ago. Although he was arrested at the time (it sounds as though the arrest was made by authorities in Africa), because of the amount of time that has passed it could still be very, very difficult to prove since he was never convicted.
It sounds like the best route for you to take is to reach out to a lawyer near you who specializes in these types of cases, and who has expertise in international law. Based on the facts of the case, your lawyer will be able to advise you about whether you have a case, where is the correct jurisdiction, and the likelihood that you can be successful in court. Again, I’m sorry this happened to you and your son. Best of luck.
fred says
My daughter says she was raped at 11 by my son. who would have been 12 at the time. He denies it. They are now adults- she wants to press charges and file a law suit. We had this investigated at the time and she then took back her claim said she lied. DSS dropped the case. We never discussed it again. Now she is in treatment and therapy and insisting this really took place.
Can she really press charges, take him to court , file a suit and possibly have him jailed?? They were both minors and this was investigated and dropped at the time.
Ian Pisarcik says
In Florida, sexual abuse victims have a certain amount of time to file a lawsuit before it’s permanently barred. Florida has two separate statutes of limitations for sexual abuse: one for civil cases, and one for criminal cases. In both cases, the statute of limitations is waived (i.e., there is no deadline) if the person who was raped was a minor at the time of the rape.
So to answer your question: Yes, your daughter can press charges and take your son to court. Of course, she will need to prove her claims in order to recover damages or have him jailed.
Brynn says
I was arrested in 2004 for being asleep at the wheel in a gas station parking lot. I was a young college student (full scholarship), and one night, headed from hanging out with my sister to spend the night at my boyfriend’s house. I had a very tiny top on; basically a bandana that tied around the neck and in the back with bathing suit-like straps. The cop that arrested me performed a search. He used the back of his hand to “check” for anything I may be hiding under each of my breasts. He announced this before he did so. I would’ve told him no, had I had the choice. It made me extremely uncomfortable and upset. I felt so vulnerable with no way to scream out. My lawyer even said that he’d never seen a search like that in his career. Unfortunately, my lawyer was in cohoots with the state and they reduced the charges, but without even a mention of the inappropriate actions taken by the officer. Everyone got their money from me and went on their merry way, and I was left with my life changed forever. After that, I graduated with my bachelors degree, but have been mentally stuck in that moment of my life ever since. I’ve spent so many nights trying to figure out how to come to peace with it. I’ve never had the means to seek psychological treatment. I got pregnant the year after that and never utilized my degree, as I had lost my way mentally. The mere sight of a police officer sends me into a physical panic, although I’ve gotten much better at suppressing the reaction. The actual arresting officer came into eat at the restaurant I was working at shortly after, and I had to hide in the bathroom so he wouldn’t see me shaking and crying and unable to stand. The entire experience was awful, but that singular instance has been permanently emblazoned into my mind for the last 15+ years. I wish I had pursued legal action before any statutes ran out, not even for a civil retribution or settlement, but to hope that officer would never submit another woman to an unnecessary and violating experience like that ever again. I’m riddled with guilt and so many emotions daily from this. I feel stupid and like this isn’t even important enough to be considered assault or to be so upset over. But, I can’t help how I feel., It’s a feeling I never wanted to have and one that has changed my life forever.
Bea says
My son was raped several times as a child (he’s now 19) at the Protestant church we attended by the head pastor. These traumatic memories have only just come to the surface but are very clear now. A few people have recommended he pursue legal action. I think our state (GA) has a statute of limitations after the victim turns 23 and so we would be within the timeframe and I think it would be considered. So far, no one else has reported being a victim (but my son reported to me that there’s at least one other child). With memories from 10-12 years ago and no witnesses or other victim claims, is this worth pursuing? I have no idea how these cases are evaluated. Thank you.
Ian Pisarcik says
I’m so sorry this happened to your son.
First of all, the statute of limitations in Georgia for forcible rape is 5 years from the date the victim turns 18. (See O.C.G.A. § 9-3- 33.1(b))
It’s not uncommon for these types of cases to be brought years after the incident. I would strongly recommend meeting with an attorney. Most initial consultations are free and the attorney will be able to review your case in detail and give you an honest take on the likelihood of success. You can find a personal injury attorney using our online directory or by contacting the Georgia State Bar. I would also recommend contacting the Georgia Network to End Sexual Assault for resources to help support your son.
Lisa D Sharp says
What if my mom passed away March 28 2021 she made sure in favor of myself that I can occupy the home she had own before marriage of my step dad this man 2 weeks after he was very familiar with me being disabled and having mental and physical health problems he removed everything like ac units from windows of course Louisiana is hot I have extreme advanced asthma and respiratory problems he removed everything that would allow me to heat up a meal stove microwave toaster removed washer and dryer cause me not to have clean clothes all bath towels shower curtains the building that matched home I have not been able to grieve from my mom passing he made my life hell I stay Lock in my room scared I have panic disorder and mental diagnoses I get SSI income of $700 a month I can’t replace the stuff he put it in storage not even using it he took my service dog that went everywhere with me is he guilty!!??
Helena says
My ex boyfriend gave me HIV. I didn’t know at the time that he was molested by his father when he was younger but I realized by the second or third visit that his father was a pedophile and molesting my ex’s son who was in the perp grandfathers care by cps. Because of the molestation my ex boyfriend endured as a child he has a lot of problems including promiscuity which I was unaware until a year later after he got me sick when he finally admitted he slept w a prostitute and he thought the prostitute gave him something at the time yet he failed to let me know. Due to inherited secrecy tactics from both his parents. Can I sue? The father has died but the mother is still alive and has the child still and my ex is deteriorating quickly I’m not too far behind him.
Ian Pisarcik says
I’m sorry this happened to you.
Yes. If your partner knew he was infected with HIV and failed to inform you, he may be sued for negligence or civil battery. The chappenge in these cases is usually proving that the person actually knew they were infected. You can find an attorney near you to take your case using our free online directory.
Concerned says
My wife was recently raped by a neighbors fiance. The woman invited my wife to their house to hang out with her. My wife believes she was drugged and she blacked out/passed out after only a few drinks. She did go in and out of consciousness, but not eneough to fend off her fiance, yet eneough to know what he was doing to her. When she saw him walking away, she ran and got away. We had the rape kit done that night but are awaiting it to be completed. The couple’s house she went to is owned under both of their names. When/if we get dna proof from the kit, is a civil suit worth pursuing? The rape took place on the couples property. Thanks for any reply ahead of time.
Ian Pisarcik says
I’m so sorry this happened to your wife.
It sounds like you contacted the police and that is certainly the best first step (along with getting your wife the emotional support services she may need). I would absolutely talk to a lawyer about a possible civil suit. The fact that the couple owns a home suggests they may have money to satisfy a judgment and, at the very least, you could likely put a lien on the house if you receive a judgment. In Pennsylvania, you typically only have 2 years from the date of the rape to file a civil lawsuit, so I recommend meeting with an attorney as soon as possible. Most initial consultations are free.
Kenneth fletcher says
My name is Kenneth and I’ve been raped when I was younger from age 12 to 16. It changed my whole life plus on top of being raped my rapist gave me hiv and knew he had it. All my life since 16 I’ve been struggling fighting battles to stay alive. Its very hard to try and start over when people bring my rapist around me knowing what he did. Havin that man say hi to me or try to hug me. People don’t understand im in pain im always crying because I be scared if one day I go to sleep n dont wake up. I tried to put him behind bars but that failed. I’ve been reaching out everywhere for help im jus tryin live a happy life get some therapy n try to change the way im living. Everyone always say jus not think bout wat happen n it will go away but its goin on 9 years and I still can’t get it out my head nor dream about it I can’t cuddle with no one because I get scared I can’t sleep through out the night I barely can handle the effects of takin my meds I can’t handle Nothing its like im not normal no more im not happy and thats the only thing I always wanted to jus be happy.
Reverse time says
Hi , I was raped when I was 15 in foster care, i and 25 now and I sued the city for assault and won when I was 19, but after being so young I was unaware my rapist gave me something I’d have for the rest of my life !! My question is can I sue the city again for me catching something because I was raped by a grown man that went to jail for it . But through the years this has cause me great pain , depression and physical pain
Darrell Glen parks says
In 2020 when the pandemic began me and my soon-to-be fiance we’re at an assisted living facility in Tampa Florida she has cerebral palsy and I was helping her to walk for the first time in her life the owners of the facility saw this as a threat to their bank accounts and so they set out to violate her and me they went after her first and gave her a 45-day notice 4 breaking social distancing rules along with me when the 45 days were up they sent her to another one of their facilities known as a crack house she is 30 years old and they put her in a room with a 52 year old man that they had not given a background check they just knew his immediate habits she and I talked on the phone three and four times a day 4 months after she was there one night I called her and he answered her phone and got very verbally violent with me the next night she called me and said that he had taken advantage of her and I asked her did he rape you? I called in a welfare check and notified the sheriff’s department that she said she had been raped I don’t think to this day that the Sheriff’s Office followed protocol which in a rape case is nationally set to certain standards by the FBI I think that there is what is known as an effect of cultural bias between the police and special homes like adult living centers they don’t want to go inside especially when there is a domestic issue because of her condition she like 80% of women who are raped did not report it the same way she told me therefore this rapist may get away with his crime with the enablement of the owners of the facility! I had called all sorts of agencies and organizations including ahca Adult Protective Services dcfc you name it they are all investigating in the meantime she is being more and more psychologically harmed and I fear because of the nature of her assailant she may be harmed like the recent Gabby Patito tragedy I only pray that in time she can be removed from the facility and the control of the owners and their rapist oh by the way they blocked me from calling her and I have tried several times to go to the facility to visit her and they tried to put a trespassing warrant on me but thank God the authorities know what’s right and what’s wrong I believe I can still reach her and deprogram her from their influence
Laurynn says
A close friend of mine was accused of rape, there wasn’t any physical penetration between my friend and the other party. At the time my friend was 13 and the other party was 8. The family of the other party waited until my friend was 18 and was tried as an adult. My friend was snatched from high school and spent 3 years in prison. Since the release my friend is unable to work or live in anywhere because of the charge my friend has received and has to register. Is it possible to sue the family for false accusations, lost wages etc.?
Sarah says
Hello, when I was around 5 or 6 years old my father raped me. He got charged and arrested for it and just recently got out now that I am 20 years old. To this day i still have to live with it and struggle from depression, and social anxiety and struggle to keep any kind of relationships. I think I deserve some help and compensation. I tried counseling when I was little but not to sure it helped anything because I was so young to even feel anything. now that I am older i obviously struggle to deal with myself more.
Heather says
Hello Colleen,
I was molested by a neighbor 35 years ago. He was convicted and served time. He is now a homeowner and lives in the same state. Is it too late to file a civil suit?
Ian Pisarcik says
I’m sorry this happened to you. Under existing law, the statute of limitations to bring a civil claim is 6 years (beginning when the survivor turns 18). However, a bill (SB21-73) is currently being considered that would change the law to allow an unlimited amount of time to sue. I would keep an eye on this bill and reach out to your legislatures.
Concerned mother says
My 9 year old son was raped by my 15 year old neighbor. Other neighbors noticed ans called the police it was also recorded. Police arrested him and he plead guilty. During sentencing the psychiatrist said the parents failed to get him the help that was recommended to them in earlier years (details not disclosed in court). My son and I have been in intense counseling and will continue to need these services. I lost a lot of work and continue to lose work on days I take him to therapy. I want to know if I can hold these parents responsible and make them pay for his therapy for life!
Linda Johnson says
My 6 year old son was sexual assaulted by his father. When I first found out I called law enforcement. They came out to the property were his father and I both live. We were in separate houses. Law enforcement never questioned his father. Law enforcement waited 4 days to get my son the help he needed. I was told on that day there was not enough evidence. They only talked to my son. No exam was done on my son. After leaving the Harold’s house child protection services called me and said he was going to my house to talk to me. I was told to pack up some of our things and leave our home or he was taking my son. I asked why do we have to leave why can’t his father be mad to leave. He told me because we can’t force anyone to leave there own property. It’s my property to. Both names are on the deed. His name AND my name. He said that he was fixing to take my son if I didn’t leave now. That is all that was done. I just keep get told if we go home they are going to take my son. There is so much more that has happened in the past year that the sheriff’s department has not done anything about. I’m being told that there’s not anything that they can do. Because his father is in a wheelchair and they have nowhere to house him. He has tried to catch my bed on fire with me in it asleep. He has hit me in my face I now have a scar on my face. My mother was told not to call back that they didn’t have time for that when she was doing a welfare check. My son’s father’s mother told me in a text message that his father was in the sheriff’s departments pocket it is the good Ole boy system there. They do not care about yall. And that’s exactly what is happening. I need help for my son and my self. This is a short version of all has happened
Melissa Gold says
Hello, there. I am so sorry this is happening to you and your son. I encourage you to call the Domestic Violence Hotline at 800-799-7233. They have resources and services that might be able to help and guide you through this situation. Best wishes to you both.