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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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My local tribal organization has placed my granddaughter in

Customer Question

my local tribal organization has placed my granddaughter in the care of the man who sexually assaulted my daughter 12 years ago. Their justification is that he is father. I totally disagree. The other justification is that there isn't anything on his court record reflecting any wrongdoing. Can I sue him through small claims just to get this on his record? is it possible to sue him for sexual assault of a minor from 12 years ago? even the compensation isn't near what it should be, im willing to settle for a smaller amount just so I can get this on his record. Agencies who are in authority over this case are not responding because the length of time that has taken place. but its because I've been avoided and pushed aside for other cases they deem more important. my daughter was 15 at the time, the perpetrator was 20 at the time of possible conception. Alaska law calls this sexual assault of a minor. The cops haven't done anything. the Office of Children Services haven't done anything. and social services and tribal courts of my tribal entity haven't done anything but put my granddaughter back in the care of a sexual predator. what can I do? can I do the 10,000 limit just to get this on record? or will they make me go to a civil lawsuit? and do I even have the right any longer? because my daughter is now 26, and my granddaughter is 11.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Unfortunately, you cannot sue on behalf of your adult child. And unless you have a legal guardianship, you cannot sue on behalf of you grand daughter.

Expert:  Sam replied 1 year ago.

You're daughter may consider bringing a lawsuit if she meets the criteria as outlined in the Alaska Statutes:

(b) An action based on a claim of sexual abuse under AS 09.55.650 that is subject to AS 09.10.065 (b) may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the following circumstances:

(1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition;

(2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an assertion of more than one act of sexual abuse is not limited to plaintiff's first discovery of the relationship between any one of those acts and the injury or condition, but may be based on plaintiff's discovery of the effect of the series of acts.

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