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About 20+ years ago. I was being examined for, I think it…

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About 20+ years ago. I...
About 20+ years ago. I was being examined for , I think it was gallbladder surgery. I kept my underwear on because the doctor only needed to see my old bikini scar. To be honest, I am not sure if that was necessary. He looked at my scar, then he pulled down my underwear and looked at my private. To me, this was inappropriate. I was shocked, scared, and intimidated, and could not ask any questions. I never went back to this office. I only told a few female co-workers at the time. I just told my husband about it yesterday, for the very first time. I was ashamed, embarrassed, humiliated, scared that I would not be believed.
Submitted: 7 months ago.Category: Criminal Law
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Answered in 2 hours by:
12/1/2017
Criminal Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,936
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Hello,

Thank you for your post, however, I don't see where you have asked a legal question. If your question is whether or not you have any legal recourse now 20+ years after the fact, then the answer is, not likely. That is because every crime or civil action has a statute of limitations.

On the civil side you would have had two years from the time of this action to file suit. From the criminal side, if any charge could be made from the facts that could be proven, the SOL would likely have run years ago. Without knowing the exact charge the State might create from these facts since you don't say you were touched in your private parts, I can't say precisely, but in NC, if by some chance the State would charge this person with a felony (I don't see that from the facts you shared) or a malicious misdemeanor (also don't see it but the prosecutor's office would tell you once they investigated the case) there is no SOL, so theoretically this person could be charged if there was a crime. However, for a misdemeanor which is not considered "malicious" under the statutes, the SOL is two years.

The other problem is the length of time since the event and the fact that the State, or your attorney in the case of a civil action, would have to prove this happened, which would usually take more than just your testimony after all of these years. On the civil side though you would have had to only prove by a preponderance of the evidence that the tort occurred. On the criminal side, it would be beyond a reasonable doubt and unless this was a pattern by this doctor and he was charged with other similar acts like this and there were other women to testify, it would be difficult for the State to prove.

In any event, on the criminal side, you are certainly free to file a complaint with the police or the State prosecutor's office, but I would be prepared for the news that they were not going to take the case or prosecute, which is within their discretion. Finally, you can always file a complaint with the State's Medical licensing board and let them investigate the issue. If they found that this doctor did this with his patients, they could take his license to practice medicine away from him.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question and also leave a positive rating in the ratings box on this page of my efforts to discuss the law of the issue with you, then the Site will give me credit for assisting you today. Thank you

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Criminal Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Customer reply replied 7 months ago
Thank u for ur reply. I did not sign up for the monthly membership of $36.00. This was charged to my account. The 5 dollars and 30.00 dollars was paid. Please explain this for me.
Criminal Lawyer: Marsha411JD, Lawyer replied 7 months ago

You're very welcome. If you could leave a positive rating in the ratings box you should see, usually in a pop up with 5 stars, then once I receive that I will refer your question about payment to customer service. The professionals on this Site do not work directly for the Site so we don't have any access to your financial information or payment arrangement. But, as mentioned, once I receive the star rating from you I can refer you on to them.

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Customer reply replied 7 months ago
Thank you for ur service. I did not sign up for the 36.00 membership.
Criminal Lawyer: Marsha411JD, Lawyer replied 7 months ago

You're welcome. Are you not seeing the ratings box pop up that has stars in it? If you are, then if you will use that (not a reply in the reply box) to leave your rating and then I can contact customer service for you to make sure they don't charge you for a subscription. As yet though you haven't left that rating, which is the only hold up to me send your inquiry to customer service. Thank you again.

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Customer reply replied 7 months ago
I give permission for the 5.00 and the 30.00 to be taken from my account.
Criminal Lawyer: Marsha411JD, Lawyer replied 7 months ago

Alright, well we don't seem to be communicating too well as you still have not rated me, so I will not be compensated by the Site. As I mentioned, I don't have anything to do with your payment arrangements with the Site, since I don't work for the Site. I can forward your questions to customer service, but I will absolutely not be compensated for the work I did with you unless you click on a positive rating in the ratings box I have previously described for you. That has nothing to do with how much the Site is charging you. In any event, I will forward your issue.

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Customer reply replied 7 months ago
I did respond to the message, a d I said, thank you.
Criminal Lawyer: Marsha411JD, Lawyer replied 7 months ago

That is not the ratings box, just a reply. As mentioned, it is a 5 star pop up box. Thank you anyway.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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