What can be done regarding the statute of limitations for a sexual assault?

I was sexually assaulted almost 5 years ago by a medical professional. I reported it to the Hospital and was told it was taken care of and there was no need to report it any further since they would handle it. I thought it was just pushed to the side, so I moved on. Now 5 years later, the same doctor has assaulted 2 other women and 1 has a court case for which I am a witness. I was told by the woman’s lawyer that I had passed my statute of limitations for my case but it seems that if the doctor is still assaulting women, I should be able to sue for my damages as well; either him or the hospital for allowing this to happen. If my testimony is good enough for a witness, why would it not be good for a new case?

Asked on June 24, 2014 under Malpractice Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

 

Here is what I have found.

According to the Arizona Statutes, Criminal Prosecutions, Citation: Rev. Stat. § 13-107, there is no statute of limitations for the following sex crimes:

- Violent sexual assault committed by a convicted felony sexual offender
- Sexual conduct with a minor who is under 15 years of age
- Sexual assault
- Molestation of a child
- Continuous sexual abuse of a child (three or more incidents of abuse)
- Commercial sexual exploitation of a minor
- Sexual exploitation of a minor

Generally, the statute of limitations for a class 2 through 6 felony is a period of 7 years. Crimes classified as class 2 through class 6 felonies include:

- Child abuse
- Aggravated domestic violence against a child
- Public sexual indecency to a minor
- Sexual abuse of a minor
- Indecent exposure to a minor under 15 years of age
- Sexual conduct with a minor at least 15 years of age
- Luring a minor for sexual exploitation
- Admitting minors to public displays of sexual conduct

Generally, the statute of limitations for a misdemeanor is a period of 1 year.

Here is a link that is more helpful:

https://www.rainn.org/pdf-files-and-other-documents/Public-Policy/Legal-resources/2009-Statutes/09ArizonaStatutes.pdf

Now, here is what I think.  I think that you should speak with an attorney about what the potential liability of the hospital should be here and what you can after them for, if anything.  They covered this up and it obviously continued.  Good luck.


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