Legal Question in Personal Injury in Florida

Sexual abuse statute of limitations

I am interested in filing a civil suit for monetary damages against a man who sexually molested me for four years when I was 11-15 years old. I am now 42 years old. I have three questions. How does the statute of limitations apply, is there any legislation in the works to extend these limitations, and do I have any legal obligation to report this abuse to authorities?


Asked on 10/29/06, 10:21 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Sexual abuse statute of limitations

Unless you have only recently (within the past four years) recovered your memory of the event(s) that you had repressed, the statute of limitations has expired for any type of civil claim. Any changes in legislation could only affect cases prospectively, since your attacker -- once the statute of limitations expired -- obtained a constitutional right not to be sued.

If you go down the repressed memory trail, generally, you will need some proof that the memory was indeed repressed.

Of course, even suing him may not make real economic sense because he may have nothing that you can force by judgment to give you. O.J. lives here in Florida for a reason.

If your molestation involved penetration, the crimminal statute of limitation for a child has not expired and it is possible for the authorities to pursue the matter.

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Answered on 10/29/06, 9:32 pm


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