Legal Question in Civil Litigation in Alabama
Statue of Limitations for Sex Abuse Lawsuit
My daughter was sexually abused in 2001 and 2002. The abuser was arrested in May 2002 and convicted in May 2003. We did not file a civil lawsuit against him for damages because he had no assets to pay any judgement against him. He has now sued the counselor who reported the abuse for $1 million dollars. I don't want him to profit from abusing my daughter, so I would like to sue him for the mental anguish he caused my daughter. What grounds can I sue on and what is the Statue of Limitations for filing such as lawsuit?
2 Answers from Attorneys
Re: Statue of Limitations for Sex Abuse Lawsuit
A tort lawsuit such as yours generally has a two year statute of limitations; however, if your daughter is a minor she may have more, and there may be other non-tort avenues to pursue. However, remember that just because he sued for a million dollars doesn't mean he's going to collect squat. He's a convicted child molester and I doubt a jury would give him a dime.
Re: Statue of Limitations for Sex Abuse Lawsuit
Well, most of the causes of action you might pursue here would have a 2 year statute of limitation, though assault and battery and false imprisonment claims would only be barred after 6 years. There are some other factors which may weigh on how long you have but those are the basics. However, it seems doubtful this guy will recover anything since the counselors most likely had a legal right to report the crimes and you won't usually find too many jurors who would be willing to side with a child-molester. Of course, there is a chance that you could intervene in the action he has filed against the counselors. It depends on a myriad of factors but there is the chance.