What legal action can I take against people who sexually abused me years ago?

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What legal action can I take against people who sexually abused me years ago?

I am a 27 year old woman living in Texas. I was sexually abused by my older brother now age 30 from age 5 to about age 10 and by my dad from before I can even remember to about age 18. I just would like some advice on what to do especially to keep them from hurting anyone else. My brother has a 5 year old son who my dad sees very often.

Asked on June 7, 2019 under Personal Injury, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

First, I'm sorry this happened to you, but you are showing great strength in trying to make sure this does not happen to another child. 
Your first option is to reach out to law enforcement now and ask for charges to be filed for sexual abuse.  The exact charge will depend on the type of sexual abuse that you experienced.  The current statute of limitations for a child was eliminated a couple of years ago (so that there are no limitations)....however, your case will be determined by the statute of limitations in effect at the time of the abuse....which was probably 10 years from the date the victim turned 18 years of age...i.e. until you turn 28.  So....you need to start the process of filing charges now.  
Your second option is to call CPS and let them know your concerns about the child being around a sex offender....or you can ask law enforcement to make the call.  They can do a follow-up investigation to insure that your nephew is safe.
Your third option is a civil suit for monetary damages.  Your statute of limitations may have run on any civil suits against your dad or your brother for the things that happened to you.  However, I still think you need to visit with an attorney that handles "tort actions" or person injury suits to see if an exception applies.  
Regardless of which option you chose, I recommend that you seek and maintain the help of a good counselor.  Regardless of which option or combination of options you chose, the process is going to stressful and you'll need good support to help you through it.  


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