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-   -   Statute of limitation regarding sexual assault (https://www.askmehelpdesk.com/showthread.php?t=113742)

  • Jul 26, 2007, 11:32 AM
    katkitty
    Statute of limitation regarding sexual assault
    If I was assaulted in 1977, in Ontario, Canada, and in 1997 approx. the offender was charged/convicted (of a one year conditional sentence) criminally, has my statute of limitations regarding rape run out? In the civil law suit I'm now involved in, one of the defendants (being the Crown Attorney) is stating my statute of limitations has run out. Is this true? I started the civil law suit against the Crown in approx. 1998, as soon as the offender received a conditional sentence.
  • Feb 22, 2008, 09:27 PM
    Jennifer Purdy
    If you are suing the Crown Attorney, it sounds to me that you are not suing for the crime itself, but possibly due to the outcome? If so, it seems that in Ontario any tort law that has a statute of limitations is based on two years (http://www.duhaime.org/LegalDictiona...itations.aspx), so you should be good (you became aware of the "wrong" in 1998, and sued directly afterwards. You're suing the CA so it seems it's not so much for the assault (at least against the CA) as for the handling of it. At any rate, even though tort law does offer a two year statute of limitations, that is often easily overcome if the plaintiff can demonstrate to the judge that it is only right that the two-year period be disregarded (as it would not serve justice to blindly follow that time limit). I'm interested in your case, though... as I'm about to sue some police who mishandled my case, and would love to sue a certain Kingston CA who really messed up my case. However my lawyers have said that CAs are pretty much cloaked in immunity. If you feel comfortable telling me, could you please let me know what you're suing the CA for? Thank you very much, we might both learn from this!
    At any rate, hope my answer helps you.
  • Dec 14, 2011, 01:07 PM
    ralshe
    If I was place into a foster home by CAS of Ontario in 1982, and the placement foster home had only one male adult and I was assaulted sexually by this person for a long period and became to scared to say anything what are my legal options. I know the CAS only interviewed one or two of this mans friends to see if he was a fit candidate. Three years ago I caught this man involved in child porn on the computer and he killed himself. I have tried to hurt myself a number of time, have had a drug problems along with alcohol problems.

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