LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW De Facto S*xual Abuse of Stepson - Can Anything Be Done?

Discussion in 'Criminal Law Forum' started by Morten, 17 May 2015.

  1. Morten

    Morten Member

    Joined:
    17 May 2015
    Messages:
    3
    Likes Received:
    0
    Some months ago, my son now 29 came to me to share his guilt and secret. My ex de facto of 10 years had started grooming him from the age of 10 then at 12 started having sexual relations including intercourse on a regular basis, which continued after we became ex de facto.

    I was unaware at the time, but now I see that there were 'incidences' that I was uneasy about.

    Question is what if anything can be done legally now? Can I as his parent or he as a victim have criminal law charges laid?
     
  2. Ponala

    Ponala Well-Known Member

    Joined:
    10 February 2015
    Messages:
    169
    Likes Received:
    19
    Being he is an adult now it is up to him to report it to the police who will investigate it.
     
  3. Morten

    Morten Member

    Joined:
    17 May 2015
    Messages:
    3
    Likes Received:
    0
    Ponala, thank you for the reply.For 'him to report it' is there a time limit for the case to be heard, or do you mean report it so it is on file, as she is now living in a similar situation and works as a care giver?.
     
  4. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Morten,

    Unfortunately the Limitation Act 1969 means that your son will not be able to bring a civil case against the alleged abuser unless he can prove that he has some injury or disability such as a psychological impairment that is sufficient to convince a court to waive the limitation period. I don't know very much about these exceptions and when they are allowed so it is a good idea for your son to seek legal advice if he wants to investigate this option.

    However he can (and should) consider reporting the crime to the police. The evidence available to support your son's claim will determine whether they lay charges.

    Going to the police can be intimidating so your son may want to begin by contacting a few services and seeking their advice and support on how to proceed. Justice NSW has two good webpages as a starting point:
    Home
    Contacts
     
    Morten likes this.
  5. Morten

    Morten Member

    Joined:
    17 May 2015
    Messages:
    3
    Likes Received:
    0
    Thank you Ivy for your informative answer, i will forward it to my son. Regards M.
     
  6. Anubis

    Anubis Well-Known Member

    Joined:
    6 May 2015
    Messages:
    48
    Likes Received:
    3
    No time limit on him reporting to police.

    Historic offences can make harder for the prosecution to meet their burden through sheer attrition of evidence over time.
     

Share This Page

Loading...