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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117456
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son was molested by by my sister when he was 5. He is 25

Customer Question

My son was molested by by my sister when he was 5. He is 25 now and she was 13-15 at the time. He does want to go to court at this time, to go through reliving it plus his is active military. Can I take my mom to court since was supposed to be watching him, a caregiver, while my husband and I were at work. My mom knows what happened and continues to financially support my sister and paid all my sisters legal expenses when my sister beat, starved and neglected her own children.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that now your son is over 18, the legal action would be your son's action to take. If your son wants, there is a 20 year statute of limitations in OH and criminal charges can still be pursued for sexual conduct with a minor. As far as a civil case, your son has 12 years from turning 18 to file suit against her for the abuse. After the 12 years, any right he had to sue would be barred forever. However, I am sorry to say that once he turned 18, it is his right to sue, no longer your right as the mother.

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Customer: replied 4 years ago.
Is there anything that I can do? I don't care about money and I'm not looking for any. I don't care if a judge rules against us because I just want them both to answer for what they do or were party to. There had to be something that my husband and I can do. He was 5 and in her care. We trusted her to protect and care for her grandson but she ignored that responsibility which in him being abused. We put him in a day care when he told us that my was hitting him. Us not being able to do anything, or even make them afraid that we can do something, isn't ok. They have to answer for something, anything. Our son is USAF Special Op's with high rank. There are career reason for him not wanting to go to court. Is small claims or civil court an option? Again, the money isn't wanted, we are fortunate financially but we want to answer for something!
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your response.

You can notify the DA of the criminal offense if it is still close within the 20 year statute of limitations. Other than that, if you file suit with the law not giving you standing to sue or if you file outside of the statute of limitations, then you would not only get your case dismissed, you could be made to pay the other party's attorney's fees and also can be sanctioned by the court for filing an improper suit.

The time to have taken action was when this incident happened, then you had standing to sue and you would have been within your statute of limitations in OH to sue, but once he turned 18, all of that changed I am afraid and while I wish I could tell you otherwise, if you try to go to court with this (it would have to go to the regular civil court not small claims) it could cost you money and you would still not achieve what you want (answering for what they did).

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