You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. The Expert above is not your attorney, and the response above is not legal advice. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. Good luck!ĭISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. But if this applies to you, it is a way forward, and you should contact a civil litigator and get an idea of your chance of prevailing versus the cost of civil litigation. That said, courts are frequently skeptical about repressed memory cases, and the decisions in Indiana are all over the map. And you would also have to show that as soon as your memory was restored, you exercised due diligence to bring the suit. In Indiana you would need to find yourself an expert witness who could provide opinion evidence as to the validity of your repressed memory claim. That is, if you blocked this whole thing out but only just remembered it, all this time later, you may yet be able to go forward civilly. While the statute of limitations would only be two years from the incident to bring a civil suit for the sexual abuse, that statute could be tolled if you were traumatized enough by the incident to repress it.
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You may have some recourse on the civil law front, if you wanted to sue this person. But I can tell you that, in general, these statutes are now longer than they used to be, since we now take matters like this far more seriously than we once did.
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I cannot tell you what those limitations were 50 years ago. They define when a case gets too old to be prosecuted. Here is the present criminal statute of limitations in Indiana. You would be time barred from pressing criminal charges. Unfortunately, the state of Indiana is not one of them. In some states it is never too late to bring charges when one has been forced against his will into a sexual act. Hi Jacustomer, I really wish that I would be able to give you better news. Later my brother was bragging to me that he would chase my younger sister When my Mother asked me why I was sleeping in the house, I said that the bugs kept bothering me. I didn't like getting beat up, so I said nothing. The next day, they came to me and threatened to beat me up if I said anything to our parents. After a while, when I was sure they were asleep, I crawled out of the pup tent, went in the house and into my own bed. I guess I was making enough noise and thrashing around that he finally stopped and went to sleep. He told me that if I woke up my brother, he would beat the shit out of me another time. I did not like this and started crying and getting pretty loud. He kept poking his penis around and some into my anus. I didn't have a clue as to what he was doing or trying to do. I am still lying face down and my brothers friend crawled on top of me. Usually, if I didn't do what he wanted, he just beat me up and then threatened to beat me up if I told my parents. I didn't wake my brother as I was afraid of him. He kept trying to get me to turn over so he could 'feel me'. They just flipped me over and continued to mess with me. I finally laid down on my stomach, putting my hands underneath me, but that didn't stop them. I kept telling them no, but they didn't pay any attention. They played around with my genitals and eventually we all had an orgasm. In a little while, they took off their briefs and took mine off also. I thought finally I was going to be 'part of the guys'. I was excited, as prior to this, I was just ignored. When I was 11-12 years old, my older brother and a boyfriend of his invited me to 'camp' out with them in our backyard.