Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I was wondering what the statue of limitations is for a

Customer Question
I was wondering what...

I was wondering what the statue of limitations is for a cival suit on a child sexual assault? It happened when I was 9 and I'm now 41. The assailant died. When this happened charges were filed. The assailant fled to another state. The city in which I still live in wouldn't go after him even though there was more than enough evidence. The reason they have was it was too expensive. Can a civil suit be filed against the town's police along with the department of child services?

Lawyer's Assistant: Do you have any upcoming court dates on the sexual assault charges?

No the guy passed away. Nothing was ever done by law enforcement . It's on record but that's all that happened. He ran and lived his life in peace. They knew for over 20 years the exact town he was in

Lawyer's Assistant: In what state did this occur?

It happened in Oklahoma . He fled to Michigan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I just wanted to know if something could be done all these years later. Failure to protect or anyrhing

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
4/11/2018
Lawyer: P. Simmons, Attorney replied 4 months ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,701
Experience: 16 yrs. of trial experience
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Legal Question
Lawyer: P. Simmons, Attorney replied 4 months ago

I am sorry for this dilemma. But I do not understand your specific question. You want to sue the police for not filing charges? I thought you indicated that there were charges filed?

Ask Your Own Legal Question
Customer reply replied 4 months ago
There were charges filed. However when he fled the police came to us and basically said we are sorry we do not have the funds to extradite him back. They knew the exact town he fled to and was living in. Nothing was ever done
Lawyer: P. Simmons, Attorney replied 4 months ago

Thank you
I am sorry to be the one to bear bad news. You can not sue the police or child services, or any other subdivision of the state. The reason is the legal doctrine of discretion. Law enforcement has discretion. That means that they are not required to investigate or prosecute any particular complaint of misconduct. So you can report this to law enforcement…but if they refuse to investigate/prosecute? There is no way to force them to do so.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue the state over this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,701
37,701 Satisfied Customers
Experience: 16 yrs. of trial experience

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I just have a question about whether or not we have enough
I just have a question about whether or not we have enough information to file a civil suit against a city goverment for negligence. … read more
Ben S.
Ben S.
Owner
Juris Doctor
574 satisfied customers
I've been sexually harassed for 7 months. It's getting
I've been sexually harassed for 7 months. It's getting worse. I plan to leave my job but I want him to pay for what he did. I want to protect other women. Do I just go to an attorney or do I file a po… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm considering filing a assault report in Arizona. I don't
I'm considering filing a sexual assault report in Arizona. I don't know what to expect. Once I file, what will happen? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My child was assaulted at a public function put on by an
My child was assaulted at a public function put on by an electric co-op they've already filed a police report about it. The problem is the only people coming forward to say it happened are her own fam… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I received a motion to dismiss a case in federal court by the
I received a motion to dismiss a case in federal court by the New York City Police and the City of New York. They stated that the complaint does not cite actual laws or policies violated, and that NYC… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Police refuse to investigate assault case when I have information of suspect. Spent $130 t
Police refuse to investigate assault case when I have information of suspect. Spent $130 to get checked by doctor. No permanent damage so the police said they can't be bothered with investigation. Can… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Female single homeowner 95lb. Female. Intruded by a former
Female single homeowner 95lb. Female. Intruded by a former co-habitant (separated..for 3/4yrs, still "feels entitled to come, and nitride, same harassment ("checkin in on I)..is just "his pathological… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
hi my name isXXXXX am 50 years old I would like to
hi my name isXXXXX am 50 years old I would like to know if I have a case or can I sue for what happened to me when I was 10 years old my mom died and made my family went to live with my aunt and my gr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Hi, I am currently running for political office. The following
Hi, I am currently running for political office. The following was posted as a comment on an online newspaper article: Let me tell you a little about Mr. Tim Gamble. He has been a person no one can tr… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I live in Nebraska. I was employed in an in home daycare up
I live in Nebraska. I was employed in an in home daycare up until 1/25/10 for a man and a woman. I had been working there almost 5 months and my son also attended the daycare. My employer sexually ass… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I was told there is a statue on gov. employees of one year. Sexual
I was told there is a statue on gov. employees of one year. Sexual assault and battery the city / co. da said both wanted to. I have full confession of his requests to trade RV Park space at the city … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,701 satisfied customers
i was recently arrested on the charge of police officer - assaulting/resisting/obstru
i was recently arrested on the charge of police officer - assaulting/resisting/obstructing and the charges were just dismissed without prejudice by the prosecuter, can i file a law suit against the ar… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
my husband went to court today in a civil suit against a man
my husband went to court today in a civil suit against a man that tried to strangle him in his own restraunt because my husband asked if he was going to leave a tip. The man lied all throughout the ca… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
My daughter is a junior at a university in North Carolina.
My daughter is a junior at a university in North Carolina. There was some trouble with a boy she knew and his girlfriend. The girlfriend said the guy was outside and they should talk to end the "drama… read more
attySince1978
attySince1978
Doctoral Degree
925 satisfied customers
what is the exact term of rape in illinois and do they have ...
what is the exact term of rape in illinois and do they have a legal age if so what happens if you have sexual intercourse before the date they legally issued… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers
My child was sexually assaulted by his nine year old
My children were put in placement through the Erie County Office of Children and Youth. Due to hearsay allegations my children were not returned for 74 days. During the cours of this time, my son who … read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
is it possible to sue a previous sexual partner for ...
is it possible to sue a previous sexual partner for transmitting herpes when they were aware they were infected but did not inform their partner? I have been infected for 3 years, specifically from on… read more
Susan Roberts
Susan Roberts
Juris Doctor
715 satisfied customers
Can a 17 year old boy have sex with a 13 year old girl in ...
Can a 17 year old boy have sex with a 13 year old girl in oklahoma?The girl says she let him,but,he had given her alcohol.Would the fact he gave her alcohol negate the consent?… read more
4ren6
4ren6
Retired
2,906 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x