Legal Question in Criminal Law in Tennessee

Justice for Child Sexual Abuse Survivors?

In Tennessee, my wife was systematically molested, raped, threatened, and psychologically abused by her uncle from ages of 6 to 14. This pedophile took photos, threatened to kill family, and even stuck a gun into� I know lawyers are used to these things, but he did this to a child!

Our problem - Statute of limitations � she is 30. My wife has only recently told anyone that she was a survivor and now that she is beginning the process of �dealing� with her abuse, she wants him properly marked as her abuser. Since most child sexual abuse survivors only acknowledge their abuse later in life, OR they aren�t survivors at all (they commit suicide)

� How can there be statutes of limitations on the systematic abuse and rape of a child? You can pass on this if you didn�t write the law�

� How does one challenge a statute of limitation or find potential loopholes? Consider this for both criminal and civil prosecutions.

� Can justice be pursued in a case such as this? Please list ALL courses of possible action you can think of, and the types of resources needed.

� Are there other options


Asked on 11/06/07, 8:44 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Justice for Child Sexual Abuse Survivors?

First, my answer is the answer to the question is everything was in PA. I have no answers about tenn law.

1. While I didn't write the law, the answer is that someone did and a bi-cameral system of governance passed it. You can call your state rep/senator and ask for a new law. 2 & 3. (same answer) There are really two separate issues: statute of limitations and pre-arrest delay. Statute of limitations is a simple issue, for example 20 years. Pre-arrest delay is totally different because it is a subjective test. The standard is two-fold, did the cops know, if so how long did they wait, and was the defendant prejudiced?

The first step for me would be to ask about the history of this person's life. Did they ever tell the police, a teacher, a counselor, a psychiatrist? Did she suppress the imagery and did it come up later in her mind? What does the case law for the statute of limitations say for the criminal and civil laws? What about the local pre arrest delay rules? Can you find a maverick da or plaintiff's lawyer to take the case?

I wonder if a shrink testifies that she didn't 'know' about her abuse until recently, does that stop the statute? If there is no case law on this, can this be the case?

What are the total statutes for all possible charges? He would be charged with or sued for many many charges, not just rape, so when to the statutes end for ALL of the charges?

What about federal court? did she contact any AUSAs?

Good Luck

Brian [email protected]

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Answered on 11/06/07, 10:50 pm


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