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this post was submitted on 23 Nov 2023
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One time I had a client who almost lost her case for waiting too long to file. The limitations period was two years, she waited three. During that time she had a heart attack and then got run over by a car. And then there was a pandemic. She had spent most of that time in the hospital and in rehab and when she got out everything shut down for COVID. That all was enough to find that the limitations were tolled during her periods of disability and under a COVID executive order and the case went forward.
But to wait thirty years?!
It's due to the Adult Survivors Act as referred to in the article and I believe that was ending on Thanksgiving Day so really close to the cut off point too.
Yes, from the article
Thanks, somehow I missed the 2nd part to that and actually went and did some searches to find out more about thay act. Feeling slightly silly haha
As I’m sure you’re aware, many women are shamed into hiding the fact that they were sexually assaulted. It is extremely common for the woman to either blame herself, or feel disgusting, or to be afraid of not being believed or of the police themselves. A lot of women in these categories do not report their rapes. Only about 30% of rapes are ever reported. Many women feel they need to just move past it, and many are told that explicitly.
But when you see your rapist reaching a powerful and influential political office, like the mayor of New York or the president of the United States, you might feel compelled to finally come out and say something.
You wait thirty years so there's nobody that can 100% remember the exact details on the exact dates you allege something happened
If it's yesterday, people can testify they saw you both in different places at that time. In thirty years you wouldn't remember, that's why there's a time limit