Can my sister and i take someone who molested us about 33 years ago to small claims court?

[nemausus36]

my sister and i were molested by our father approximately 30 years ago. it started at infancy for both of us and continued until i was 13 and my sister was 15. i told our mother but she kept our father and it really wasn't legally reported until i was 17. my mother still lives with our father, the perpetrator. just a few days ago, we found out that our mother molested my sister's son when he was just around four. we have also matched stories and found out that our mother also molested the two of us. we have a brother who still lives in the household as he is mentally ill (brain damaged) and believe that he was and is being abused as well. we also want to get clear the statute of limitations for us and for my sister's son. any info would be greatly appreciated. my sister and i have been diagnosed with clinical depression and bipolar and are both on permanant disability. life has been very hard for us. triggers are horrible and flashbacks have been often lately. thanks for your help.

[honi]

The Limitation Act 1980 does not apply to breaches of statute law, such as sexual abuse, except for sums payable by virtue of statute. The penalty would be far more than a fine for this.

If there is evidence of continuing abuse of your brother and your nephew was involved this is multi-generational, recent and historic abuse which would receive the full support of a Complex Cases Unit or Paedophile Unit for prosecution. Many a man languishes in Wakefield or Whitemoor for abominations he committed decades previously. The law does not have any time limit on this sort of case, not now that the consequences of abuse are fully appreciated and the reasons why victims do not disclose sooner are understood. At one time, historic abuse may have gone unpunished in court. Not any more- forget small claims court and call the Police.

[eilis]

Molestation is a crimminal matter, not a small claims court issue... and I'd think alot before I went through with pressing charges. Fact is 33yrs ago is a very long time... what hard evidence do you have? If it's going to be a your word against theirs, and that's all - I doubt a prosecutor would be able to do anything past laying charges then having it thrown out for lack of evidence later (at which time you could be sued for slander)

[adamka]

The limitation is three years. Not from the date of the act, but from the date ok knowledge. However as has been said above, this is a criminal matter and while the Limitation Act prevents you from taking action in the civil court, in the criminal court you might be awarded exemplary damages.

The big hurdle you have you overcome is why now? Why didn't you report this years ago?

[lundie]

your statutes of limitations have expired.... plus there is probably no evidence by now to even convict the person


also, this is a criminal matter not a civil one.

[marmion]

small claims court is for civil action,you are dealing with a criminal case.also why small claims court where penalties are limited to $5000.00,max.

[syvwkh]

No. The statute of limitations ran out long ago. This case could never have been brought in small claims court.

[alburt]

You cannot
sue in small claims over a criminal matter. If evidence exists, the police should be contacted.

[breasal]

After 33 years, your chances of winning will be zero. You have to prove damages beyond a reasonable doubt.

[michelangelo]

no.