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I was molested by a man in the late eighties when I was 13 in Georgia. I am curious if there is any statute of limitations to a civil lawsuit against this person. Also, is there anything that can be done to "expose" this person when the sex offender registry was not even created yet. This person served three yrs. and has put it behind him. I, however, still suffer everyday. Do I have any legal grounds to stand on?
Optional Information: Country relating to Question: United States State (if USA): Georgia Already Tried: called the District Attorney in the county of occurrence with no answers. Also, asked local attorneys who did not know about the laws.
Unfortunately, there is an 18 year criminal statute of limitations for crimes against victims under 14 in GA. As far as civil statutes, it would be 2 years from when you turned 18 unless it is a case of repressed memory, which the GA courts are very skeptical about and scrutinize carefully to make sure the repressed memory is valid. Sadly, the GA courts are very strict about this regarding the statute of limitations on these cases.
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It may sound underhanded, but what about my moral obligation to children he is now surrouned by (neighbors, etc.)? Is there any law protecting him from suing me if I say....posted flyers in his neighborhood, for example. Could he then pursue legal action against me. I am willing to be satisfied with just informing those around him of what happened for their own protection.
The truth is something that is a defense to the allegation of defamation, but that does not mean he would not seek to sue you for defamation/slander/libel anyhow. So, while you may do so, if he sues it will cost you money to defend yourself even if you win the case and can prove your allegations are the truth. You will need actual evidence and more than just your word to support you. If he was convicted then that is your proof.
First off, thank you. You are the first one to give me actual answers on the subject. He was jailed and served a short sentence at the time, but it just feels as if he got off too easily. If I'm understanding correctly, there is no law against advising his neighborhood of what he did, if it was in fact true. If I have no civil legal grounds, I may take it upon myself, unless advised otherwise. I have become much more brave to stand up against this man in my older age. If I have no other way to go about it, I guess I will have to take it in my own hands.
If you are telling the truth, then that is a defense to you making the information known. Just be careful not to embellish anything and only publish exactly what you can prove by evidence and facts and nothing more.
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law