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Rachel4

Is this a personal injury case?

4 posts in this topic

I was sexually abused by an older brother from 6 to 13. When telling my parents at 12, I was sent to a psychologist. He had a meeting with my brother and  I, I received a letter of appology, and told not to speak of it. At 15 I ran away from home, the state took custody, my counselor at the foster home started to work with me on the issue, and my parents got me home. 

I have had years of therapy, and have been diagnosed and disabled with complex ptsd. I’m now homebound with severe panic attacks. I still have to face my brother as if nothing has happened. I am my own guardian, but depend on them for assistance, shopping etc. I have had several drs, therapists, counseling sessions for years. Now I have a dr who comes to see me at home. My quality of life sucks, my children have lost out on me being there for many things in their life. I know that the statue of limitations might affect this. I’m just wondering what if anything can be done. 

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There is no time limit for criminal prosecution for sexual abuse of a child:

 

https://www.rainn.org/pdf-files-and-other-documents/Public-Policy/Legal-resources/2009-Statutes/09NebraskaStatutes.pdf

 

As of 2017 there is no time limit for a civil lawsuit.

 

https://law.justia.com/codes/nebraska/2017/chapter-25/statute-25-228/

 

However, since this apparently occurred years ago you will have to check the SOL statute for that year and the years moving forward to see if there was a time limit. I think back then you would have had 4 years from the age of 21 for a civil lawsuit.

 

All I can say is consult an attorney and maybe your local authorities.

 

 

 

 

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3 hours ago, Rachel4 said:

I was sexually abused by an older brother from 6 to 13.

 

How long ago was this (i.e., how old are you now)?  How old was he when this happened?

 

 

3 hours ago, Rachel4 said:

I still have to face my brother as if nothing has happened.

 

Why?  First, why do you "have to face [your] brother" at all?  You are, presumably, an adult now and, as such, free not to associate with him in any way.  Second, if you are, for whatever reason, in the same place at the same time, what compels you to act "as if nothing happened"?

 

 

3 hours ago, Rachel4 said:

I am my own guardian, but depend on them for assistance, shopping etc

 

Who are "them"?

 

 

3 hours ago, Rachel4 said:

I’m just wondering what if anything can be done.

 

You're free to consult with a local attorney.  However, it will matter a lot how long ago all this happened and how old your brother was at the time.  Also, even if the statute of limitations has expired, does your brother have assets/income sufficient to justify suing?

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