sex abuse charges

[mycarlb]

What is the name of your state? New York

My question pertains to my children and their ability to bring charges of sexual abuse against their biological father. In 1992 my 2 daughters were sexually abused by their father while he had them over the summer. They were 2 and 3 and the DA was hesitant to pick up the case because there was no physical evidence... ie: all abuse was touching, and oral sexual abuse... he suggested family court because they could use 3rd party testimony to prove guilt, but he wouldn't go to prison. If the DA couldn't use the 3rd party testimony, then it was a 70/30 chance of success. I chose family court to guarantee he would never touch my babies again. He was found guilty of sexual abuse and neglect by family court in 1993, and I had his parental rights removed in 1996 after he refused all counseling offered.

Is there a statute of limitations on bringing the criminal part of this case back? Or once this was tried in family court can it never be brought criminally? I just want my children to have justice. Maybe I am carrying the torch too long, but it just seemed so unfair that he is walking the streets a free man, and free to harm any other children. My kids were way too young back in 1992 to testify on the witness stand, but they sure could now. Any suggestions? Or should I let sleeping dogs lie?

 

[stephenk]

what do your daughters want to happen?

 

[mycarlb]

They want him in prison... they act strong but my 17 year old is scared that she might see him someday... I don't even know where he is. I lost track of him after 1996.

 

[BelizeBreeze]

New York has not adopted an extended statute of limitations for sexual abuse.

If the abuse is treated as an intentional tort, New York's SOL is one year. N.Y. Civil Prac. Law § 215.

New York does have a general infancy tolling provision. N.Y. Civ. Prac. Law § 208 (i.e. for claim of personal injury which must be filed within 3 years, the statute of limitations will expire 3 years after a minor reaches the age of majority).

In addition, N.Y. Civ. Prac. Law § 215 (8)) tolls the statute of limitations when a criminal action has been commenced against the defendant. A criminal action is commenced when the the prosecuting authority files charges against the perpetrator. The applicable statute of limitations will begin to run when the criminal case is terminated (either by dismissal, acquittal, conviction, or sentencing).

If the perpetrator has been convicted, the victim has 7 or 10 years (depending on the crime) from the date of the conduct constituting the crime to file a civil suit. N.Y. Civ. Prac. Law § 213-b.

Of course, for purposes of YOUR post, it's moot. He was found guilty in family court already.

So, based on the facts presented in your post, tell the girls to forget him. He's no longer a part of their lives.

For certain defined sexual crimes against minors, the SOL does not begin to run until the child is 18 or the offense is reported to a law enforcement agency. N.Y. Crim. Proc. Law § 30.10.3(f). For instance, the SOL for sexual assault in the 1st & 2nd degree is 5 years (§30.10.3(e), which period will not start to run until age 18 if the conditions set forth in § 30.10 are met

 

[mycarlb]

So once we took it to family court, we cannot take it through criminal court is what you are saying? I thought this was the case, but my family keeps trying to say different. I remember something like that when it happened, because I was so reluctant to go the family court way because he wouldn't face jail time, but the safety of my girls was more important.

Thank you for your help... I do appreciate it

Julianna