Civil molestation attorneys

[dadcobf]

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

Hi - not sure where else to post this, but just a quick question. My wife would like to pursue a civil suit against a person who molested her when she was a child. A bill was passed last year in AZ which removed the statutory limitations on when such a suit could be filed.

My question is what type of attorney tries these types of cases? Family Law, Personal Injury, or something else? The offender was already tried and convicted on the criminal charges when she was young.

Thanks!

 

[mistoffolees]

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

Hi - not sure where else to post this, but just a quick question. My wife would like to pursue a civil suit against a person who molested her when she was a child. A bill was passed last year in AZ which removed the statutory limitations on when such a suit could be filed.

My question is what type of attorney tries these types of cases? Family Law, Personal Injury, or something else? The offender was already tried and convicted on the criminal charges when she was young.

Thanks!

California (at least I think it was CA) did this at one point and the result was a mess. Eventually, the supreme court ruled that if the statute of limitations had expired before the new law went into effect that it was impossible to bring action later. The extension of statute of limitations applied only to cases where were still prosecutable (and to future, cases, of course).

 

[dadcobf]

Re:

I think the AZ bill allows one year to bring cases which had previously expired. But new cases that arise will not have any expiration (or maybe it was 35 years?)

In any case, I was just wondering what type of attorney I should be searching for.

Thanks!

 

[mistoffolees]

I think the AZ bill allows one year to bring cases which had previously expired. But new cases that arise will not have any expiration (or maybe it was 35 years?)

And my point was that that part of the law may not be enforceable.

In the U.S., it is illegal to pass an ex post facto law (Ex post facto law - Wikipedia, the free encyclopedia). What you're describing was defined as ex post facto by at least one state supreme court and could probably be easily challenged elsewhere.

If the SOL had expired before the new law was passed, chances of winning are slim.

In any case, I was just wondering what type of attorney I should be searching for.

Most attorneys list the areas that they practice. Search for one which has experience with sexual abuse cases - regardless of whether they call themselves a family law attorney or a criminal law attorney. Or call your state lawyer referral center.
Lawyer Referral Directory - AZ - ABA

 

[stealth2]

And, really... it should be your wife doing all this legwork. Therapeutic.