Staten Island, NY asked in Criminal Law, Family Law and Sexual Harassment for New York

Q: I want to know if I can reopen a case that was closed approximately during the year of 2018 or I would be able to sue.

I got sexually assaulted (molested and raped) by my biological father as a young child, and reported it to my school that I was attending to, at the time. It had opened a family court case and ACS case but, my mother and sister was speaking down on me stating that I’m breaking our family apart and making me go into deep depression convincing me to state that it was a lie to the authorities, in which I did end up telling them. My father did end up getting arrested during that time, however my mother bailed him out of jail, resulting in him fleeing from the state. The case has been closed since, as a result of stating that it was untrue when it really was. I regret stating it ever was untrue, because it did happen; I just stated it wasn’t due to being in a bad mental state due to my biological mother and sister. I want to know if it’s possible to reopen the case, file criminal charges against my mother or a suit.

1 Lawyer Answer
Marco Caviglia
Marco Caviglia
  • Criminal Law Lawyer
  • Lagrangeville, NY
  • Licensed in New York

A: You don't specify your age, but you may have the ability to file a civil suit against your father (and possibly your mother as a conspirator), but it will be a factual determination at trial why you lied. Consult a personal injury attorney to review details an applicable statues.

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