Statute of Limitations

[NMJustice]

What is the name of your state? New Mexico

A few years ago my mother was raped by her boyfriend. He was not prosucuted, but did sign a statement that he had done this. My mother attempted to take him to court in 2002, but decided to drop the case because she was being threatend by him and his family. The case was dismissed with Prejudice. What does that mean? Can she still bring a civil suit against him, and have the statute of limitations ran out..if anyone can help please let me know.

 

[JETX]

The case was dismissed with Prejudice. What does that mean?

The 'with prejudice' means that the suit cannot be refiled. Simply, the case is closed and done with.

Can she still bring a civil suit against him

No.

and have the statute of limitations ran out.

N/A

 

[NMJustice]

Im sorry I was wrong....

Order:
Pursuant to Metropolitan COurt Rule 3-305 (b) this action is hereby dismissed without prejudice for failure to take steps to bring this matter to trial within six months

So Im assuimg that without prejudice she can refile, however Im still not clear if there is a statute of limitations.

Thanks you for the information.

 

[JETX]

There isn't a specific civil cause of action for rape. It would very likely fall under the action of 'personal injury' or 'bodily injury'.

Under NM Code:
37-1-8. Actions against sureties on fiduciary bonds; injuries to person or reputation.
Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.

 

[NMJustice]

Thank you very much for that information. I have advised her to contact an attorney if she should have further questions.