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I want to file a lawsuit against my step brother for

Customer Question
sexual abuse/rape. I’m currently 53...
I want to file a lawsuit against my step brother for sexual abuse/rape. I’m currently 53 years old and it happened when I was 7 years old and my brother was 11 years old. It happened in Michigan and this is where I intend to file if there is no statue of limitations. Unfortunately I have no evidence other than counseling sessions that I shared with my counselor over the years. What kind of evidence would I need and also, can I hold my parents responsible for allowing it to happen in their home?
Submitted: 4 months ago.Category: Criminal Law
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Answered in 1 hour by:
12/25/2017
Criminal Lawyer: RayAnswers, Lawyer replied 3 months ago
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 46,363
Experience: licensed attorney in criminjal law for 30 years
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Criminal Lawyer: RayAnswers, Lawyer replied 3 months ago

The situation that you describe in your question is likely to be classified as Criminal Sexual Conduct in the 1st Degree. For Criminal Sexual Conduct in the 1st Degree there is no statute of limitations. This would be a criminal prosecution. A civil suit might be possible as well.You will need a civil lawyer to file suit as well.

You might also be able to sue the parents if they were involved as well and did not protect you.This is an old case so your lawyer would have to deal with the applicable statute of limitations.

I can understand why would want to try and prosecute here and sue as well.

Lawyer for you here and report to police

The State Bar of Michigan's Lawyer Referral and Information Service is designed to assist members of the public who want to hire an attorney and can afford to pay for legal services. Search online for a lawyer at any time, or use the Lawyer Referral Service online or call 1-***-***-**** Monday through Friday 9am-5pm for a referral to a lawyer in your area who practices the kind of law you need.

I am so sorry this happened to you.I appreciate the chance to help you and wish you the best.

If you can positive rate 5 stars it is much appreciated.Prayers to you here.

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Customer reply replied 3 months ago
Thanks, ***** *****’m wondering what kind of evidence would I need to prove my case since it happened over 40 years ago. I don’t have any physical evidence to go with. I’m afraid it may be my word against my step brother other than speaking to my counselor about it.
Customer reply replied 3 months ago
Also the fact that my step brother was 11 years old at the time. How does his age factor into this?
Criminal Lawyer: RayAnswers, Lawyer replied 3 months ago

It probably will be your word against his.But in most cases like this it always is.Age would make it harder to hold him accountable.He would have to be certified as an adult.You have to decide if you want to try here and at least give it a shot.I can understand there are arguments both ways.It was a terrible thing that happened to you, sometimes it is therapeutic just to report it and see where it goes.

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