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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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if the alledged did occur it would have been approx 50 years

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if the alledged did occur it would have been approx 50 years ago when i did not know my late husband or his family. does this or time loss have any bearing on reply to my query
1. The fact you did not know your husband at the time will have no direct bearing on the taking of the claim. However, it is relevant to the defence given to an executor facing proceedings for rape or sexual assault, namely that the proceedings are barred due to lapse of time in accordance with the Statute of Limitations. Additionally, as all the facts and events which took place are outside of human memory or recollection, it would be unjust that an action be taken now, after the defendant is dead, as there is no possibility of a dead man putting forward a defence. You need to realise that whilst an action can be taken against a dead man, it will be barred due to the Statute of Limitations and the lapse of time.
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