Legal Question in Civil Litigation in New York
My question is, I was raped when I was 22 that was 11 years ago, I was very fearful of the man who raped me. He always said no one would believe me. He talked about me on his radio show to drive the point home. So I spent years trying to make myself believe it was my fault. I went to the police in 09, I had, had enough and the took the statement sent me to the DA. She told me in NY there was no statute of limitations on rape if happend after June 26 2001..I was raped June 8th 2001..so she told me I was out of luck..Is there truely nothing I can do leagally about my rape?
1 Answer from Attorneys
The DA is wrong. The statute was changed to ELIMINATE the statute of limitations for rape in the first degree. It does not matter WHEN the crime was committed. There is a lively debate in the courts about the civil remedies as well. While the legislature did not address the SOL for civil assault, several claims have been brought and some of them appear to survived the challenges.
You could embarrass the heck out of the DA. It's not easy to handle, but if you have the guts for it you have a crack at getting justice.