How likely can I sue with out a confession? Repressed memories of sexual abuse

[spoiler]

What is the name of your state?Utah.
Hi, I have been struggling for a few weeks with some repressed memories of sexual abuse that I have been having. basically consuming me.(please no lectures on repressed memories) Besides the fact that my life behavior points to the fact that I was sexually abused when I was younger, the person I am having memories about also sexually abused my sister and his own daughter (didn't find this out until after memories) Is it likely to have a civil case against him with out his confession? Thank you.

 

[rmet4nzkx]

Not very likely.

 

[tigger22472]

What is the name of your state?Utah.
Hi, I have been struggling for a few weeks with some repressed memories of sexual abuse that I have been having. basically consuming me.(please no lectures on repressed memories) Besides the fact that my life behavior points to the fact that I was sexually abused when I was younger, the person I am having memories about also sexually abused my sister and his own daughter (didn't find this out until after memories) Is it likely to have a civil case against him with out his confession? Thank you.

Although in a civil case, unlike a criminal case, you only have to prove a likelyhood as opposed to beyond a shadow of a doubt you still have to have pretty solid proof to succeed in a civil case in this matter. You would also need to know the statue of limitations for your state. Even if it was possible it might be too late now.

 

[rmet4nzkx]

Utah Code Ann. § 78-12-25.1 A person shall file a civil action for intentional or negligent sexual abuse suffered as a child:

(a) within four years after the person attains the age of 18 years; or

(b) if a person discovers sexual abuse only after attaining the age of 18 years, that person may bring a civil action for such sexual abuse within four years after discovery of the sexual abuse, whichever period expires later.

In Olsen v. Hooley, 865 P.2d 1345 (Utah 1993), the Utah Supreme Court held that the "exceptional circumstances" provision of the state discovery rule is applicable to a "totally repressed" memory case. The limitations period begins to run at the point the plaintiff recalls the abuse. 865 P.2d at 1350.

See also Burkholz v. Joyce, --- P.2d --- (Utah 1998), No. 970252, July 31, 1998, 1998 Utah LEXIS 58 (refusing to apply discovery rule when Plaintiff had knowledge of the claim at age 19).

In Franklin v. Stevenson, 1999 Utah LEXIS 95, 1999 UT 61 (Utah Supreme Court, June 18, 1999) the court reversed a jury verdict and ruled that repressed memory testimony should not have been admitted at trial because its scientific reliability was not established in the trial court.

 

[spoiler]

Are those cases civil cases? Would I not be proving likelihood when my sister was abused by him as well?
Turns out he has also been convicted of sexually abusing his daughter and did some jail time for it. Would that help my case? Also within these last weeks we are finding that he lied to my mom about what really happened between him and my sister.(mom never got the real story from my sister and chose to believe what he first told her) Would it not help my case that he is known to lie about abuse? If he did confess would it be an open and shut case? If he confesses and was willing to pay for the counseling my insurance won't cover I wouldn't be suing him anyway...but I have high doubts that he will tell the truth.

 

[rmet4nzkx]

I am not going to aid and abet you in trying to come up with a case where you provide no facts, that you experienced abuse. People like you are why ligitimate sexual abuse cases are difficult to prosecute.

 

[spoiler]

What are you talking about? People like me?

am not going to aid and abet you in trying to come up with a case where you provide no facts

What facts should I provide? What exactly is it that you think I am trying to get away with here? tigger22472 told me that civil cases only have to be proved by likelihood...so I am asking (not just you but everyone reading this post ) is my case not a likelihood? People like me? What about people like him??!! He is a CHILD MOLESTER all I want is some counsling. How about people like you? You must be one of those people who belive that a child molester is more important than his victims. You obviously do not understand the effects of sexual abuse.

 

[rmet4nzkx]

I understand about sexual abuse and repressed memories, I am a forensic expert, qualified by the courts to evaluate such things. I'm not going to help you make something that doesn't exist. You have no memory, just because someone else may have had something happen to them doesn't mean it happened to you. There have been too many cases where people have invented FALSE memories of abuse.

 

[spoiler]

Okay I understand that some people do not believe in repressed memories. What I don't understand is what forensics has to do with the effects of sexual abuse. You are not someone a court would call in to testify to the facts of repressed memories. Don’t fool yourself. And let’s be thankful because you obviously are not someone who is objective. I have discovered a lot of what I am seeing in my bits of memory as fact. It’s a long story or I would have gone into it more. You obviously consider my "repressed memory" story as false. I am sure a lot of people do...that is not the point. I am guessing I have a case here...and it is making you made because you have a personal fight against repressed memory. Fine. Let’s say this guy didn't molest me and I am making it all up just to get some free counseling. Yep that's what I am doing. how then do you explain those who have had a repressed memory and then had there abusers admit to what they are remembering is true? This is exactly why I asked for no lectures about repressed memories in my first post.

 

[rmet4nzkx]

You don't know what the word forensic means or what objective means. You don't have any memories, you want them so you can have secondary gain, that is why you want no lectures. No one is going to help you invent memories or tell you what elements are required, I gave you the law and that is the extent of my assistance. Remember you can be prosecuted in both criminal and civil courts for making false accusations or purjery.

 

[spoiler]

Relating to the use of science or technology in the investigation and establishment of facts or evidence in a court of law:. This is obviously not a scientific or technological matter. Please. Give me a break. The fact that you didn't answer my question about those who remember sexual abuse and those who admit to what they remembered tell me everything I want to know about you.

You don't have any memories, you want them so you can have secondary gain

you make me sick! I hope you don't live in Utah, because our courts would suffer having someone like you in them.

Remember you can be prosecuted in both criminal and civil courts for making false accusations or purjery.

you are so smart. Perjury. I hope you don’t misspell words like that when you are at work.