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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3087
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My 53 yr old sister was kidnapped and raped at knife point

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My 53 yr old sister was kidnapped and raped at knife point when she was 18. She never reported it to the police or any other law enforcement authorities. She is now suffering emotional trauma from this crime. She knows who her assailant was and he's a 71 yr old ex-NFL player who picked her up at a local beach. He lied to her in order to get her in his car, took her to LA (she lived about an hour and a half from LA.),and on the way back he stopped outside a state mental hospital and got out a knife and told my sister she had better cooperate or he was going to drop her off and she would be killed. So our question is this: Is there any legal recourse at this time such as a civil lawsuit or some such thing?
Hello JACUSTOMER,

I'm afraid the statute of limitations has long since past for any type of civil personal injury claim your sister could bring against the football player. California only has a two year statute of limitations for personal injury claims such as happened to your sister. So she would have had to commence a civil lawsuit two years after the incident occurred; sometime when she was 20 years old. Even with respect to any criminal action, California has a 6 year statute of limitations for the most serious of felonies (except murder). So, I'm afraid not even a criminal case against the football player would be successful.

Sorry if this is not what you wanted to hear.

Thomas
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