Statute of limitations for filing personal injury claim for sexual abuse as a minor
Naina Kapur
(Querist) 25 June 2013
This query is : Resolved
if a minor has suffered sexual assault and upon attaining the age of majority wishes to file a personal injury claim for rape, is there a statute of limitation? If so, what would that be
Advocate Ravinder
(Expert) 26 June 2013
Normally, in criminal law there will not be limitation aspect if the victim does not have knowledge about the offence. But in your case (In case you are a minor, your guardian) you or your guardian have knowledge of the offence. So, the winning chances are very bleak.
You donot have to wait till you attain majority. Even if you are minor, your guardian can file a criminal case against the accused on your behalf. If you file the case immediately, there are plenty of evidences will be there i.e. semen test, medical examination, sratches on the body, time of offence, accused eliby etc. In the course of long duration, all the evidences will be vanished
Naina Kapur
(Querist) 27 June 2013
Actually my question is about civil law remedies. IF a person wants to file a civil case for damages with respect to personal injury for abuse which occurred when he was a minor, is there a statute of limitation?
prabhakar singh
(Expert) 27 June 2013
A minor who has not attained the majority runs with INCAPACITY to act hence limitation of his/her CAUSE OF ACTION DOES NOT RUN DURING HIS/HER MINORITY BUT IT STARTS TO RUN FROM THE DATE HE/SHE ATTAINS MAJORITY.
LIMITATION TO PERSONAL INJURIES WOULD, IN MY VIEW, BE COVERED BY ARTICLE 79 FOR WHICH SUIT COULD BE FILED WITHIN ONE YEAR FROM THE DATE MINOR ATTAINED THE MAJORITY.
IF THIS ARTICLE IS CAPABLE OF DISTINCTION THEN WOULD NOT FALL IN ANY OTHER CATEGORY DESCRIBED AND IN THAT CASE LIMITATION WOULD BE 3 YEARS FROM THE DATE MINOR ATTAINED THE MAJORITY.
TO ME A TORT SUIT WOULD AND SHOULD LIE FROM EVERY VICTIM FOR EACH KIND OF CRIME(HARM) DONE TO HIS/HER PERSON OR PROPERTY.AND TO REDUCE CRIME RATE GOVT.SHOULD ABOLISH PAYMENT OF COURT FEES AND SETUP A SPECIAL CIVIL COURT OR TRIBUNAL FOR SPEEDY JUSTICE AS THESE TWO ARE ONLY BIGGEST HURDLE THAT TORT CASES ARE NOT SEEN IN INDIA.
Advocate Ravinder
(Expert) 28 June 2013
Prabhakar sir, I have studied the entire article 79 and synopsis. Nowhere it is related to sexual harassment or personal injury. It is related to torts i.e. landlord attaching properties of tenant for claiming his rents; Bank officials seizing the movables to recover their dues etc. Can you kindly elaborate on this point.
Apart from that the limitation is mentioned here is only one year. You said that if it is capable of distinction, it is 3 years, kindly explain.
Can I come to conclusion that there are no suits for torts. In part VII, there are other torts also i.e. libel, slander, malicious prosecutions, wrongful confinement etc. There are no. of suits filed for the above torts, pl clarity.
Naina Kapur
(Querist) 20 January 2014
I would like to continue this discussion. The issue i am raising is about child sexual abuse by a person in a position of trust and authority which a person would seek to challenge as an adult. CSA is generally an ongoing violation and sometimes takes years to realise that a person was being violated. SO my question is- for the purposes of filing a suit for damages, what limitation period would apply
