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Can I sue when he is 18?

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scrapbooking

Junior Member
What is the name of your state?Ohio.

Hi, I have a ? and I'm not sure if I should post here or not. Here's the short version of the story. I had a friend's brother and sister babysit our 3 children while my husband and I went on a "honeymoon" for the day to an amusement park. The brother at the time was 14 yrs. old, and although all seemed fine with my several phone calls, neighbors watching out, my parents and sister dropping by "unannounced" I found out 1 month later this boy forced my then 6 yr old to have oral sexes with him several times throughout this whole day. Of course I called police, he was charged criminally, after admitting all the incidents right when he was getting hooked up to a lie detector test. So, his parents got him a lawyer and the Columbus PD or courts prosecuted him, he got a WHOLE 6 months of manditory counseling (my son's been in counseling for 2 yrs now) he got 4 months of house arrest, and he can not be around children under the age of 10, but this will be sealed after his 18th birthday. So, I am wondering if I can sue this child after he's 18, or do I have to sue his parents? I did try and do a investigation on what they own, valualbe wise, but it was a cheap online thing and it really didn't pull up what I needed. It's hard b/c I have 3 kids, money is quite tight, and I haven't found lawyers that would take this on a "if you win we get paid" basis. I just think that my son deserves something, he's been on antidepressents, had horrible nightmares, doesn't do well socially anymore, and this has affected all our family. It's so sad really.
The boy should be 17 I think soon, and of course, no one knows what happened, his father is a chief of that local fire dept. so it's hush hush. I don't think this is fair and wondering what my options are in a lawsuit?
 


Wolflmg

Member
Since the kid was already charged for the crime. I don't believe you can sue him or his parents, since he was already taken to court and charged for what he has done, but you can try see if they'll take the case even though he was already charged for the crime.

However one thing you might be able to do, but I not sure since it has been 3 years, is maybe call CPS. You can report his parents, in most cases unless something is seriously wrong with the then 14 year old they wouldn't comment those kind of acts onto a child. It could be possible that boys parents or someone in his home may have commented it to him, now that's not always the case, but its a possiblity.

Now if your concerned that once he's 18 that he come after your son or you, you can get a restraining order put agaisnt him.

All the best of luck to you. I'm sorry what happened to your son. I hope that someday he will be able to move on. Perhaps maybe try getting into some kind of sport Karate or Baseball, sometimes an active activity can help, along with the consouling.
 

scrapbooking

Junior Member
Thank you. :)

I will say that the counseling he has been in helps so much, and as far as him coming after him, we live far far away now, another state. He has no clue where we are.

I was thinking even though he was charged criminally we could go after him civilly (did I spell that right?) I mean I think small claims is 3,000 which would mabye pay for my counseling, for him and me, the zoloft and the ambilify he is currently taking to help him deal. Not to count all the countless hours off work for these appointments, as well as bringing him home from school b/c he's had another nervous breakdown. :( It's so hard to watch your child to deal with something so adult.

I just think someone should have to pay for his actions! I mean with his punishment, he'll certainly do this again, no one knows he even did it! He's enjoying his high school life, having pool parties, riding in cars, all these things when he made my son do horrible things to him and he did horrible things to a 6 YEAR OLD......No wonder why these people do it again and again.
 

stephenk

Senior Member
"I don't believe you can sue him or his parents, since he was already taken to court and charged for what he has done, but you can try see if they'll take the case even though he was already charged for the crime."

you are incorrect. She can file a civil suit for monetary damages on behalf of her child against the other boy and his parents.

She should do it sooner than later. Is the child in therapy?
 

scrapbooking

Junior Member
Yes I am, now I heard I can sue him or his parents for up to 10 yrs after the incident happened, does anyone know if that is true?

How do you file a civil suit? And does anyone know if I can do this without lawyers?
 

Wolflmg

Member
scrapbooking said:
Yes I am, now I heard I can sue him or his parents for up to 10 yrs after the incident happened, does anyone know if that is true?

How do you file a civil suit? And does anyone know if I can do this without lawyers?
You can try doing it without a lawyer, but I believe it would be better to have one.
 

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