Ok, so I have a lady friend who was sexually abused for years and years by her stepfather.
When it finally all came out, her mother did everything in her power to make sure the state didn’t put him in jail. She even had them reduce the charges as much as they could.
However, now she is over 18, and this issue is still causing family problems. Mom is still with stepdad, never left him and in fact seems to feel that the girls cold attitude towards him is all her fault.
Stepdad has never admitted to doing anything wrong. He was “sick” at the time, hence it was never his fault.
Can she take him back to court for damages? Or would that be double jeapordy?
IANAL either, but Double Jeopardy applies to criminal proceedings. He could not be charged again in criminal court. (Unless of course, there was abuse afterwards.)
Damages are awarded in Civil proceedings, and like istara mentioned, would not be considered Double Jeopardy.
That is very sad. For crimes like these, I’m not sure anything other than a criminal conviction would do me much good, if I were in that situation.
IAAL, but not in the OP’s state. This reply is therefore just general comment, and I’m not your lawyer, and you shouldn’t rely on what I say. See a lawyer in your state for meaningful advice.
Assuming your friend just turned 18, she may be able to sue him civilly. There are statutes of limitation (under which civil claims, if they are not promptly filed, expire) but such statutory limits are often *tolled * [do not run] while the plaintiff is under a disability. Minority is a disability. Let’s say your friend is 19, and the applicable S/L is 2 years. It didn’t begin to run until she turned 18, so she can file suit until she turns 20. I have no idea what your state’s statutes say, so see a lawyer in your state for further explantion.
As someone already said, double jeopardy does not apply to civil matters. A related civil concept called res judicata might, but assuming that civil proceedings have never been brought before, the concept cannot work against you. Could actually work in your favor, if he was criminally convicted in the matter. Again, see someone in your state for more on this point.