Charging father for sexual abuse but have a concern

[CJ23]

What is the name of your state (only U.S. law)? IN

I am considering prosecuting my father of sexual abuse that occurred when I was a child. I have evidence of this in my childhood journals (kept ages 9-12) and documenting the sexual acts in drawings and words. I also have support of family members, teachers, and friends who suspected the abuse was taking place but could never prove it because, as a child, I kept it secret. I feel pressing charges might finally allow me some closure, because the abuse went on for years and gas caused me a lot of guilt and pain. However, as unrealistic as it may seem, I am worried my father will fight back accusing me of false reporting or something like that. My dad is a very intimidating aND convincing man with strong community connections and no prior criminal history. It's my childhood journal, my word, and the suspicious of others against him. If for some reason I do not win the case, what possibility exists, however small, that I could end up being charged with anything along the lines of false reporting etc. and spend time in jail? This would seem to me the ultimate injustice, but I know my father would allow it in a heartbeat to protect his reputation. Thank you for any advice.

 

[single317dad]

What is the name of your state (only U.S. law)? IN

I am considering prosecuting my father of sexual abuse that occurred when I was a child. I have evidence of this in my childhood journals (kept ages 9-12) and documenting the sexual acts in drawings and words. I also have support of family members, teachers, and friends who suspected the abuse was taking place but could never prove it because, as a child, I kept it secret. I feel pressing charges might finally allow me some closure, because the abuse went on for years and gas caused me a lot of guilt and pain. However, as unrealistic as it may seem, I am worried my father will fight back accusing me of false reporting or something like that. My dad is a very intimidating aND convincing man with strong community connections and no prior criminal history. It's my childhood journal, my word, and the suspicious of others against him. If for some reason I do not win the case, what possibility exists, however small, that I could end up being charged with anything along the lines of false reporting etc. and spend time in jail? This would seem to me the ultimate injustice, but I know my father would allow it in a heartbeat to protect his reputation. Thank you for any advice.

Criminally, for crimes committed prior to the 2014 law revision, only Class A Felony abuse (usually reserved for particularly brutal crimes) has no statute of limitations. Otherwise, depending on the date the crimes were committed, the SoL expires either on the victim's 31st birthday, or after 7 or 10 years from the offense, or after 4 years from the time the victim is no longer in the abuser's control (usually when you move out at age 18 or thereabouts).

As to a civil lawsuit:

https://iga.in.gov/legislative/laws/2015/ic/titles/034/articles/011/chapters/002/

IC 34-11-2-4
Injury or forfeiture of penalty actions
Sec. 4. (a) An action for:
(1) injury to person or character;
(2) injury to personal property; or
(3) a forfeiture of penalty given by statute;
must be commenced within two (2) years after the cause of action
accrues.
(b) An action for injury to a person that results from the sexual
abuse of a child must be commenced within the later of:
(1) seven (7) years after the cause of action accrues; or
(2) four (4) years after the person ceases to be a dependent of
the person alleged to have performed the sexual abuse.

https://iga.in.gov/legislative/laws/2015/ic/titles/034/articles/010/chapters/002/

http://sol-reform.com/indiana/

http://sol-reform.com/indiana/

This is a complicated issue that will require the assistance of the local prosecutor and possibly an attorney of your own. I recommend you discuss this matter with them before proceeding further.

 

[LdiJ]

Criminally, for crimes committed prior to the 2014 law revision, only Class A Felony abuse (usually reserved for particularly brutal crimes) has no statute of limitations. Otherwise, depending on the date the crimes were committed, the SoL expires either on the victim's 31st birthday, or after 7 or 10 years from the offense, or after 4 years from the time the victim is no longer in the abuser's control (usually when you move out at age 18 or thereabouts).

As to a civil lawsuit:

https://iga.in.gov/legislative/laws/2015/ic/titles/034/articles/011/chapters/002/



https://iga.in.gov/legislative/laws/2015/ic/titles/034/articles/010/chapters/002/

http://sol-reform.com/indiana/

http://sol-reform.com/indiana/

This is a complicated issue that will require the assistance of the local prosecutor and possibly an attorney of your own. I recommend you discuss this matter with them before proceeding further.

You should also talk to a counselor about why you want to do it. Do you merely want to see him pay for his crimes against you, or do you want that in combination with protecting a younger generation of your family from potential abuse?

 

[davew128]

I am considering prosecuting my father of sexual abuse that occurred when I was a child.

You do not prosecute, the state does.

If for some reason I do not win the case

You do not win or lose. You are an alleged victim, not a plaintiff.

Beyond that, I can't see any prosecutor pursuing this.

 

[CdwJava]

What is the name of your state (only U.S. law)? IN

I am considering prosecuting my father of sexual abuse that occurred when I was a child. I have evidence of this in my childhood journals (kept ages 9-12) and documenting the sexual acts in drawings and words. I also have support of family members, teachers, and friends who suspected the abuse was taking place but could never prove it because, as a child, I kept it secret. I feel pressing charges might finally allow me some closure, because the abuse went on for years and gas caused me a lot of guilt and pain. However, as unrealistic as it may seem, I am worried my father will fight back accusing me of false reporting or something like that. My dad is a very intimidating aND convincing man with strong community connections and no prior criminal history. It's my childhood journal, my word, and the suspicious of others against him. If for some reason I do not win the case, what possibility exists, however small, that I could end up being charged with anything along the lines of false reporting etc. and spend time in jail? This would seem to me the ultimate injustice, but I know my father would allow it in a heartbeat to protect his reputation. Thank you for any advice.

How old are you now?

As was mentioned, it may be too late to pursue criminal charges against him. You can certainly speak with the police about the matter, but understand that a journal and suspicions of others may amount to very little in the way of "proof" in a criminal trial. Though, a journal written at the time would be rather compelling testimony until something in it was shown to be a fabrication or incorrect. In such a case the entire journal - not simply the relevant portions - would likely be sought by the defense as part of discovery, so if there are any fanciful tales or other things in it that might cast doubts on your credibility, it might not be a great benefit. But again, speak to the police.

More importantly, speak to a therapist if you have not already done so. This is probably taking quite a toll on you, and you need to speak with a professional about it. If the police pursue it, you will have to relive this many times over. The police will interview, a detective will likely interview again, the prosecutor will want to hear about it, and then there is testimony in court where you will be grilled about things you have done even since then that might tend to make you appear less credible somehow. In all, it will be a daunting process, so be ready. A counselor/therapist/psychologist/psychiatrist can almost certainly assist you.

Good luck.

 

[rangersabata]

What is the name of your state (only U.S. law)? IN

I am considering prosecuting my father of sexual abuse that occurred when I was a child. I have evidence of this in my childhood journals (kept ages 9-12) and documenting the sexual acts in drawings and words. I also have support of family members, teachers, and friends who suspected the abuse was taking place but could never prove it because, as a child, I kept it secret. I feel pressing charges might finally allow me some closure, because the abuse went on for years and gas caused me a lot of guilt and pain. However, as unrealistic as it may seem, I am worried my father will fight back accusing me of false reporting or something like that. My dad is a very intimidating aND convincing man with strong community connections and no prior criminal history. It's my childhood journal, my word, and the suspicious of others against him. If for some reason I do not win the case, what possibility exists, however small, that I could end up being charged with anything along the lines of false reporting etc. and spend time in jail? This would seem to me the ultimate injustice, but I know my father would allow it in a heartbeat to protect his reputation. Thank you for any advice.

Just go talk to a therapist!

 

[Just Blue]

Just go talk to a therapist!

Ranger...Just STOP. NOW.

 

[rangersabata]

Ranger...Just STOP. NOW.

Stop what? I'm sorry, but closure is what a therapist is for. Charges based on a 9 year olds journals? The research on childhood suggestibility and unreliability is too numerous to list!

 

[Just Blue]

Stop what? I'm sorry, but closure is what a therapist is for. Charges based on a 9 year olds journals? The research on childhood suggestibility and unreliability is too numerous to list!

Stop it. Unless you have some profession that I, and other members, should pay attention to?