NCJ Number
102885
Journal
Response Volume: 9 Issue: 2 Dated: (1986) Pages: 11-16
Date Published
1986
Length
6 pages
Annotation
This article discusses the traditional criminal processing of incest cases and presents the bases for civil remedies for incest victims under tort law, with particular attention to the problem of limitation statutes for incest survivors bringing civil suits as adults.
Abstract
The traditional criminal processing of incest cases requires that the incest be revealed to authorities while the victim is a child. It also involves potential psychological harm for victims, as they become the focus of evidence collection in the case. Tort remedies are an appropriate form of action for incest victims and survivors based on the following causes of action: assault, battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. Civil remedies can include monetary damages that help pay for victim medical services or lost income due to debilitating emotional problems. A civil suit can also provide an emotional, therapeutic catharsis for the victim. Statutes of limitations may present a problem for adult incest victims bringing suits for injuries precipitated when they were children. Statutes of limitations typically allow for the period of liability to begin from the time the injury is discovered. In the case of incest victims, the psychological harm done to them may not be identified until they enter therapy as adults. The injury is thus not discovered until many years after the incident. 42 footnotes.