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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33095
Experience:  16 yrs. of experience including criminal law.
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Child raped by male cousin 5 years older than her from age

Customer Question

Child raped by male cousin 5 years older than her from age 6-8 yrs. old. Stopped when they were 8 and 13 yrs. Child is now 35 yrs. and wants to know what can be done niw.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. Can you tell me, what state did this happen in?

Customer: replied 9 months ago.
KY
Expert:  P. Simmons replied 9 months ago.

Thank you

I am truly sorry to be the one to bear bad news.

It is too late to bring a civil lawsuit. The KY statute of limitations for a civil lawsuit is 5 years or this matter. That clock starts to tick when the victim turns 18.

So in this case, when the child turned 23, the statute of limitations expired.

It is too late to sue.

Now...is it possible they could convince the police to prosecute? Even though it is too late to sue, in theory the police could bring criminal charges. So they could contact the police and ask them to prosecute.

But, frankly, the likelihood of the police taking the case after they waited this many years to prosecute is very small;

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they can still sue, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.