Tuesday, July 5, 2011

Statute of limitation for state of connecticut

Connecticut does not have a common law discovery provision, but the existing special statute allows action within 30 years from the date a victim reaches the "age of majority." This means that generally a victim has until the day before his or her 48th birthday to file suit. Victims must, however, contact an attorney long before that deadline in order to have a suit properly prepared.There are some exceptions to the statute of limitations. For instance, in the case against Saint Francis Hospital for the sexual abuse by Dr. Reardon, there are a large number of cases that have been filed for victims who were over the age of 48 when they sued. Those suits have been based upon the theories of breach of fiduciary duty and fraudulent concealment of Dr. Reardon's crimes by the hospital. 
Connecticut victims can bring civil actions for injuries arising from childhood sexual abuse suffered until the day before their 48th birthday.

The question of whether the statute should be applied retroactively was answered in the affirmative by the Connecticut Supreme Court inRoberts v. Caton, 224 Conn. 483, 619 A.2d 844 (1993).
In Giordano v. Giordano, 39 Conn. App. 183 (1995), the appellate court held that the statute does not violate either due process or equal protection. The Giordano court also held that latches is not a valid defense to a claim of sexual abuse brought within the statute of limitations.
Connecticut trial courts are applying the special statute of limitations to non-perpetrators applying the Federal District Court's decision inAlmonte v. New York Medical College, 851 F. Supp. 34 (D. Conn. 1994) (Nevas, J.).


Since im 23 and still have not reported my abuse i have about 24 more years if i wanted to press charges on my stepfather for molesting me. I honestly dont want to seek justice because it is not worth it. Its hard to have to say that but in my case it was be very difficult. My mother will not stand by my side on this so i will be alone. The only person who would do so would be my sister. She is the only one in my family who stands by me and supports me. So my point is that even though i have plenty of time i cant see myself doing so. Its funny because i encourage others to speak out and seek justice yet i cant do so myself. I know it sounds wrong but i cant do anything. This is out of my hands. 

No comments:

Post a Comment