Can I sue my family for child molestation if I an mow an adult?

Question Details:I am 26 years old and was molested by a person who I thought was my father when I was 10. He failed the polygraph and I made a statement about everything that he had done. The court ordered he stay away from our home until it was dealt with legally. In the meantime he wrote me a letter and begged me to go take it all back and my mother and his sister convinced me he didn't mean to harm me. I went back and lied for him and they let him come home. I ended up hating my life as I got older. They no longer treated me like a daughter and I would stay in my room all the time too uncomfortable to come out. By the time I was 15 my dad finally admitted to my mom that he did everything I had said that he had done. And while admitting this said, "I am doing you a favor by even letting you live here because I'm not even your dad". Then mom knowing the truth still stuck with him. I also have a little sister who they keep all this from and she hates me because they fill her up with lies; she thinks my dad is a king. I feel like this has ruined my life. I feel like they are both pretty much worthless and I think they should have to pay for all of it, including the loss of my relationship to my sister and my children's aunt. Can I sue them? Will anything come out of it since he was not prosecuted, even though he failed his lie detector?

Asked 3 years ago under Personal Injury | 3318 Views | More Legal Topics

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Mike Harvath Answered 3 years ago

     Hi.  In Missouri, the general statute of limitations in personal injury suits is 5 years.  However, there may be an extended period for actions for molestation occurring when you were a minor.  18 years from the date you turn 18 seems quite long, and I do not believe Missouri has an extension to this degree.  I could determine the answer through some brief legal research.

     In any event, although I have no doubt that you certainly have suffered real emotional trauma, as well as anger, frustration, and maybe anxiety, generally speaking, the potential damage value of the case will derive highly from any medical expenses incurred.  This would certainly include any costs spent for counseling by a psychologist, or visits to a psychiatrist, if you had this type of treatment.  A few additional details would be needed to determine if there appears to be enough provable damages to potentially pursue this, provided that the statute of limitations has not expired.  One of the most effective ways to establish emotional distress and anxiety is to prove, often through medical records, that certain physical symptoms related to high levels of anxiety or emotional distress exist.   If you have suffered any actual physical symptoms, besides having compensable value themselves, they can help legitimize your emotional distress.  My e-mail is mth2000@yahoo.com.  I am a Missouri personal injury attorney.  Thanks.

J.M.A., Member in Good Standing of the Connecticut Bar | FreeAdvice Contributing Attorney Answered 3 years ago

I am a lawyer in CT and practice in this area of the law.  The statute of limitations in many states for molestation when you were a child is 18 years from the date that you are 18 year old.  Therefore, you are stil within the statute of limitations to sue this person.  before you do however, you should be practical and determine whether you are even going to collect money from this person - i.e. do they have money, assets such as a home, stocks, bonds, etc.  Most of the time, homeowner's insurance does not cover this sort of thing so you are going to be limited in what you can collect unless the person has cash.  You want to make sure you are able to punish this guy.  in the civil world, money damages is how people are punished.  i suggest you hire a lawyer asap.  most lawyers will meet with you for free initially.

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