My Daughter Has Been Sexually Abused by Her Father!
I just discovered that my ex-husband has been sexually abusing my 12-year old daughter. What do I do? I am scared and very angry.
Here are my thoughts:
Sexual Relationship With Therapist
I have been seeing a social worker for martial problems. The therapist asked me all sorts of questions about my sexual history and found out that I had been raped when I was in college and that I have had a bunch of issues with sex since then. He came on to me and we have had a sexual relationship for the past four months. My husband just found out about it and is furious. I am now seeing a psychologist and having a bad time. The psychologist has said that it was professionally inappropriate for the social worker to have a sexual relationship with me. What are my legal rights?
Tennessee law would permit you to bring a malpractice case against the therapist for his conduct. You would have to prove that it was inappropriate for the therapist to have a sexual relationship with you, and would need the testimony of another therapist to establish that (unless the therapist admitted was he did was wrong).
The issues in these cases can become very complex. If you want to pursue this matter, contact an experienced lawyer as soon as possible. Tennessee has deadlines for taking legal action in this type of case.
Remember this: it is always possible that this claim might be resolved without litigation, but a lawsuit might be necessary. If a lawsuit is filed, your deposition will be taken and you will be talking about some very personal issues with strangers. Be sure that you have a candid conversation with your lawyer about this and understand what this litigation is all about before any lawsuit is filed on your behalf.
Deadline for Filing Sex Abuse Claims in Tennessee
I live in Tennessee. My son was sexually abused by a neighbor when he was 14. He is 18 now. Can my son sue the abuser, or has the time for taking legal action expired?
Yes. Tennessee law requires that he must file suit before his 19th birthday. The failure to file suit by his 19th birthday will result in a loss of his rights.
People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203. If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyeras soon as possible. Make sure you discuss this with your parents as soon as possible if you have not already done so.
NOTE: the right of minors to file lawsuits at any time before their 19th birthday does not apply to certain other types of claims, such as medical malpractice claims. Hospitals, doctors and other health care providers persuaded the Tennessee General Assembly to give them special rights. Thus, a minor who wants to pursue a medical malpractice claim must file suit within three years of the date of the injury.
Thus, if your minor son or daughter is injured, it is wise to consult with a lawyer promptly to determine what deadline for taking legal action will apply.
My Daughter Has Been Sexually Abused By Her Step-Father. What Do I Do?
I just discovered that my husband has been sexually abusing my 12-year old daughter. What do I do? I am scared and very angry.
Here are my thoughts:
- Leave the house with your daughter and any of your other children and immediately report this matter to the police. If there is any physical evidence of the abuse that you can readily put your hands on take it with you.
- Cooperate fully with the police. Your daughter will almost certainly need a medical examination. Cooperate with that effort.
- Follow any reasonable instruction from the police department and the medical personnel.
- If there is sufficient evidence the police will probably arrest your husband immediately. You will then be safe to go home.
- Do not bail your husband out of jail. Do not give him a chance to act right based on a promise that he will not act this way again.
- Talk to a lawyer about getting a court order keeping your husband away from the house, you and the children of the event he makes bond and is able to get out of jail. If there is any visitation it should be supervised. The district attorney will probably be able to help you get this court order.
- Get your daughter (and perhaps your other children) counseling. If you cannot afford private counseling the area rape trauma and sexual abuse center will give you a list of names of counselors who work for reduced rates. Some centers even provide some level of free counseling. You may need counseling yourself.
- Talk with a divorce lawyer. You cannot stay married to a man who will harm your children.
- You may wish to talk to a lawyer about filing a lawsuit against your husband. Sexual abuse is not only a crime but can also result in civil liability.
What Happens If the Person That Hurt Me Dies?
I was hurt in a head-on automobile accident. The driver that crossed the centerline and hit me died in the wreck. Do I have legal rights against him even if he is dead?
Yes. Although you can't sue someone who is dead, you can sue his estate. If an estate is not opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover.
The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits).
An experienced personal injury lawyer will know how to help you through this process. Remember that in Tennessee a personal injury claim must be filed against the responsible people within one year of the date of the accident. Under these circumstances you will need act even more promptly than usual because the lawyer you hire will need to do extra work to get an estate opened for the decedent so that suit can be filed within one year of the date of the accident.
How Long Does a Victim of Sexual Abuse Have to File a Lawsuit Against the Abuser?
I live in Tennessee. I was sexually abused by a neighbor when I was 15. I am 17 now. Can I still sue him?
Yes. Tennessee law requires that you file suit before your 19th birthday. The failure to file suit by your 19th birthday will result in a loss of your rights.
People sexually abused in Tennessee when they are adults have only one year from the date of the incident to file suit, but special rules apply if the person who was the abuser was a "therapist" within the meaning of T.C.A. Sec. 29-26-203. If you think you have been abused by a therapist (or anyone else for that matter), contact an experienced personal injury lawyer as soon as possible. Make sure you discuss this with your parents as soon as possible if you have not already done so.
