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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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Can I bring a civil claim against my stepfather

Customer Question

Can I bring a civil claim against my stepfather for compensation for many years of childhood historic sexual abuse. He is currently serving 18 years for his crimes, found guilty last May in Chichester crown court. The cps claim process is underway but I understand that he is not the source of any monetary compensation. He made my life unbearable as a child and I very much want him to pay (quite literally) for his crimes. I would like to turn my horrendous experiences into something positive for my family.
Regards
Elaine Linfield
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does he have any money?
Customer: replied 2 years ago.
He sold a car and transferred ownership of his large property to his partner (who also happens to be his cousin) 8 weeks after being first arrested and charged. I have no access to any specific bank details so cannot say whether he has any other assets.
Expert:  Jo C. replied 2 years ago.
You are time barred by the Limitation Act 1980. You had six years to sue under that legislation from the date of your majority. However, you can make an application to extend time and sometimes that is allowed. I have to say that I have noted recently
The question is whether he is worth suing. Generally speaking, people in prison have no funds and are not worth suing. There isn't any point in suing a person who cannot pay the award.
If he has disposed of the vehicle then I would imagine he has probably dissipated other assets but there isn't any way of being sure.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
What does majority mean? Plus in your opinion should I look into it any further?
Expert:  Jo C. replied 2 years ago.
Adulthood. Over 18.
It does no harm to look at it. Just bear in mind that it is often very expensive and pointless. Just be cautious and don't get carried away by the nonsense that people do quite often talk on points like this.
Customer: replied 2 years ago.
Thank you for your time.
Expert:  Jo C. replied 2 years ago.
No problem.
All the best.