Legal Question in Criminal Law in California

Sue in Civil Court?

My daughter(34) was raped two years ago by an ex-boyfriend whom she (stupidly) allowed to sleep on her couch because he said he had too much to drink at dinner, with her that evening. To make a long story short, she woke up the next morning with him in her bed and her pajamas off. HE proceeded to tell her what happened and that he was sorry. She doesn't remember anything, so evedently he must have slipped something in her drink the night before. She didn't report the crime to the police but told a couple of her girl friends about it. About four months latter, she found out she was pregnant( the child is now two) as the result of the rape. She filed a rape complaint against him five months ago at the insistance of a rape counciling center here in town. He has been paying court ordered child support and has visitation rights, but it has been nightmare for her dealing with this man. My question is: can she sue him in civil court for the rape and physical and mental damaeges she endured as a result of the rape.

She doesn't want to go that far, but it may be an option, to salvage some of her sanity. Any advice will greatly be appreciated.

Thanks.


Asked on 11/10/02, 2:50 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Sue in Civil Court?

IF less than 2 years ago, she could file. More than 2, its too late. The real question is whether the guy has anything worth taking to justify spending time and money suing him. If she wants to do it for principle only, it will be costly.

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Answered on 11/10/02, 8:25 pm


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