Legal Question in Civil Litigation in California

I am not sure I am posting in the right place.

I am 32 y old man. I suffer from many emotionally dibilitating disorders. When I was 8-10 I was moslested by my sister who was 4 years older than me. She did it to other kids to. I have been seeing a therapist lately and it was a repressed memory for me. It has caused me to have many trust and emotional issues. I even tried to reach out to my mother who doesn;t liek me very much. She just told me sorry. My sister was always the "golden child" and she and my mother have caused me pain by not addressing this. I really want to seek damages because that time really turned into a major problems with my future relationships. I have been suffering from this for awhile now. I know if I can find at least one of the other kids (now adults) they would be able to verify my claim as true. I am terrified even talking about this. My life was altered forever and I am trying to heal. But they wont even admit it or say a real apology. It disgusts me. It makes me want to end my life. I honestly want my life back and some sort of justice for this. Is there anyway I can still file a lawsuit or take her to court. Please help me. Thank you in advance. This all took place in San Diego Ca.


Asked on 10/07/12, 4:38 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

As far as a civil suit is concerned, the statute of limitations is governed by Code of Civil Procedure section 340.1.

In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions:

(1) An action against any person for committing an act of childhood sexual abuse.

(2) An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff.

(3) An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff.

You cannot bring an action for damages under paragraphs (2) and (3) after your 26th birthday.

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Answered on 10/07/12, 5:52 pm


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