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    gjerlaug's Avatar
    gjerlaug Posts: 1, Reputation: 1
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    #1

    Nov 18, 2011, 06:31 PM
    Sex abuse in canada-statute of limitations?
    My sister was repeatedly raped and I was repeatedly sexually assaulted by our father. It started right after our mother passed away. We are both now having nightmares and reliving this horror. It happened nearly fifty years ago and when my sisters husband confronted our father he admitted to it and almost saw it as humorous. He is now denying it and spreading the word that we are liars. He says he will sue for libel if we try to do anything. We are trying to figure out what our next move should be.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 18, 2011, 06:50 PM
    The statue of limitation for criminal charges have long passed, if I understand you correctly as it was 50 years ago.

    So what do you want to do, get counseling, get professional help and learn to live and deal with this.

    Is there something that has happened now 50 years latter that has started you both having more trouble about this ?

    This would put you both in 50's and 60's and father in what late 70's or 80's ?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 6, 2011, 09:08 AM
    Quote Originally Posted by LaShady View Post
    u have 2 sue em 4 dat...u sh0uldnt feel bad 4 em if... u need help...u can't be livin in fear 0r ur sister...ive had al0t 0f friends dat have similar st0rry 2 u... 0nly difference is its 2 late 4 her...but ur still 0n time...

    "We" take great pride in our answers on the legal boards. "We" also don't allow text speak.

    I hve no idea what your advice is because what you posted is difficult to read.

    So - what did you say about the statute of limitations on sexual abuse (which is the question)?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Dec 6, 2011, 09:12 AM
    There is no Statute on "serious/felony" crimes in Canada. Therefore, there is no statute of limitations when it comes to rape (which is, in fact, a felony). If you want to file a report with the Police, you can still do so. If they decide to arrest your father there will be a trial. You (and your sister) will present your side of things, of course, and he will present his. A Judge will decide. He CANNOT win a case for defamation (or whatever) if you are telling/believe you are telling the truth.

    My question would be whether this would give you peace... or add to your conflict.

    Do you know what you would like to accomplish by having your father arrested? You apparently are in touch (somewhat). I understand you were assaulted (and I'm sympathetic as I was the adult victim of rape) and he thinks it's a joke... but will an arrest change any of that?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 1, 2013, 07:00 AM
    Please don't "assume." You are incorrect.

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