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Mr Bumby · Aug 10, 2007, 05:35 PM

How difficult will it be to bring a man who raped his own son to justice? The boy was 3 at the time of the offense. He's 17 now. It never came to court because it took too long, but the detective handling the case said he was definitely guilty and the boy was destroyed. The man is controlling and a con man, conned a friend out of his million dollar estate by convincing him he was innocent. I want to contact his ex who brought the charges and see if she wants to take him to civil court. Any ideas?

GlindaofOz · Aug 10, 2007, 05:38 PM

What state are you in? The statue of limitations on this varies from state to state

GoldieMae · Aug 10, 2007, 05:50 PM

You should contact the district attorney in your county and ask. Because the child is still a minor, the crime may fall in a statute of repose or the statute of limitations may have just started to tick. In many states, the statute of limitations is 15 years for the criminal act, but the clock doesn't start ticking until the child turns 16, meaning the claim must be brought before the child turns 31. That is not true in every state, though. And there are even a couple that have done away with the statute of limitations altogether. You really should call the DA and ask. Don't always trust the well-intentioned cop. Best to talk to a lawyer on this one.

For civil cases, the statute of limitations is generally 2 years, but the statute of repose may kick in because of the child's age, depending on state law. The courts are not as keen to entertain the civil case as they are the criminal one.

excon · Aug 11, 2007, 06:45 AM

Hello Mr Bumby:

He's on the loose, huh? Then why civil court?? That's not going to put him away. It's all about money. And what is your relationship with the family? If you want justice, call the cops. Anybody can make a criminal complaint!! But, I think you're looking for some cash.

excon

Mr Bumby · Aug 11, 2007, 11:06 AM

The victim is about 18 now. He was 3 at the time of the crime. The case was dismissed then because it took too long to come to court. The detective said the victim would have to come forward and complain. I have not been able to talk to the victim or his mother who brought the charges, but I have her number and plan to talk to her. I don't think it's still possible to have him criminally arrested or I would. But he conned an employee/friend out of his million dollar estate by convincing him the case went to trial and was thrown out. It never went to trial. That's why I think civil is my only avenue to get this low life in court.It's not about money, but maybe a civil jury would award the child, now a young man, the estate or sum of money. I'm in North Carolina and I think the clock has to start ticking when he complains... but I want to talk to his mother and him to tell them they have something to complain about. I don't know the realationship the rapist has with his ex today, but I'm still going through with it regardless of the consequences and tell them they could have a vested interest.

beenaroundtheblock · Aug 11, 2007, 11:37 AM

This was 15 years ago and the case was dismissed. I agree with Goldiemae the attorney general will be the first stop but don't be surprised if it is you last stop.

GlindaofOz · Aug 12, 2007, 06:13 AM

From what I've seen so far it looks as if North Carolina does not have a statue of limitations on felony offenses. I would definitely give a call to the DA's office and see where you can get