Can't find a category? A statute of limitations SOL sets the amount of time a victim or prosecutor has to file a lawsuit. Typically, if you file a lawsuit after the SOL expires, your case will be dismissed. Indiana has different criminal and civil sexual abuse statutes of limitations. It is important to report sexual abuse as quickly as possible.
Early investigation may lead to stronger evidence in your case. Additionally, the statute of limitations that applies is the one that existed at the time of the abuse. This means that even though the SOL may have been lengthened since the incident, it typically cannot renew time-barred cases. Civil Lawsuits for Sexual Abuse In a civil lawsuit , a victim of sexual abuse demands compensation and damages from his or her abuser. You may be entitled to economic and non-economic damages, including compensation for your pain and suffering.
Indiana imposes a longer statute of limitations for childhood sexual abuse cases. If you are a victim of childhood abuse, you must file your civil case within: Seven years of your 18th birthday, Seven years from the time you could have reasonably discovered the abuse, or Four years from the end of your dependency on an abuser.
Adult sexual abuse cases must be filed within two years of the incident. If sexual abuse occurs at your workplace, you may also have a sexual harassment lawsuit under federal law. The EEOC will investigate your claim and determine whether it will pursue a lawsuit on your behalf.
If it decides not to litigate your claim, it will issue a Right to Sue letter. In order to file criminal charges, you must notify law enforcement of the sexual abuse. The authorities will investigate your claims and a prosecutor may file charges against your abuser. If a suspect is found guilty of criminal conduct, he or she may be sentenced to significant jail time and sex offender registration. In Indiana, the criminal statute of limitations varies, depending on the severity of the offense.
Child molestation, Vicarious sexual gratification with a minor, Solicitation of a child, Seduction of a child, or Incest For other child sexual abuse charges: If DNA evidence is involved in a felony sexual abuse case, criminal charges must be filed within a year after the perpetrator could have been reasonably identified.
You may have to reimburse the State if you receive additional compensation through a civil lawsuit. To receive compensation other than a forensic exam , victims must report the crime to law enforcement within 72 hours and apply for benefits within days. Do I Need a Lawyer? Sexual assault and abuse claims are emotionally difficult. They also involve detailed legal analysis and strict procedural rules. A personal injury lawyer can guide you through the process, educate you about your rights, and offer much-needed emotional support.
You should also file criminal charges with a law enforcement agency. If you are facing sexual abuse charges and prosecution, a criminal lawyer can help you understand your rights. Time is of the essence, so talk to an attorney as soon as possible.