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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20079
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I was date raped 24 years ago. I found the rapist on facebook

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I was date raped 24 years ago. I found the rapist on facebook and told him how damaged I was living with this my entire life. He acknowledged in a message (that I took pictures of and still have on my computer) back that he felt horrible for what he did and he will have to live with it the rest of his life, especially having a daughter.
This occured in Kansas and I saw that the statute of limitations has been lifted a few weeksa ago. I never went to the police because I lived in a "good ole boy" community and my father's business would have been destroyed, as the rapist's family was upstanding and wealthy in our community. By the time I thought of doing it, after moving away, I had missed the statute of limitations. I know I don't have enough evidence to get him prosecuted criminally, but could I go after him in a civil suit? He is prominent in his community and sitting pretty, while I have spent more than half of my life suffering the effects of this crime with anxiety, counseling and depression. I feel like he should pay somehow. I know he would settle out of court, as to not damage his family's reputation, and has a load of money. Is there a case here?
Would I have to have my name published too, since I was a minor when it happened. I am still that scared of my community- just not him.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 4 years ago.
Hello,

Thank you for the information and your question and I am sorry to read about your situation. Unfortunately, in Kansas the statute of limitations for a civil suit based on child sexual abuse is 3 years from the date that the victim turns 18. Based on the fact that you say this abuse occurred over 24 years ago you are obviously older than 21. Therefore, the civil statute of limitations have run and you cannot file suit against him. I am sorry that the news is not any better, but regrettably I can't change the law. You can see the statute at: http://kansasstatutes.lesterama.org/Chapter_60/Article_5/60-523.html

If you need any clarification, I would be glad to assist you further if I can.
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Customer: replied 4 years ago.

Did you see the new bill that XXXXX XXXXXbeck passed on April 2nd, 2013 that will go into effect in July? That was why I am asking. It lifts the statute of limitations on rape cases. Smile

Expert:  Marsha411JD replied 4 years ago.
Yes, however, that is for criminal prosecutions and not civil suits. In addition, for the criminal charges the law cannot be effective retroactively. That would violate the Constitution. So, this new law will only apply to rapes that occur after the date it was signed.

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