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Author Topic: Complicated child sexual and emotional abuse USA and India  (Read 891 times)

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Offline curiousv

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Complicated child sexual and emotional abuse USA and India
« on: April 08, 2017, 04:57:49 PM »
In our family a male child was sexually and emotionally abused by two girls when he was 15 years old. One of the girls was 15 years old but mentally quite more mature than him and another girl was this first girl's sister who was 25 years old....Both girls parents knew about this but did not say anything because they were supportive of sex as they believed in OSHO's sex to super conscious. In my view her parents were also complicit.

This happened in India, I would like know what laws apply here...and what is statue of limitation for getting compensation?

This is a complicated situation because now both plaintiff and defendants are grown about 44 years old and are US citizens and residing in India and when plaintiff filed an action in US court he was told that since abuse happened in India - Indian law would apply and lawyer or judge don't know Indian law and statue of limitation.

Offline VJIADIS

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Re: Complicated child sexual and emotional abuse USA and India
« Reply #1 on: February 11, 2018, 10:54:42 AM »
I am sorry to hear about this. I am unaware of the statute of limitations for this crime. But nevertheless it is upto the prosecution to decide on this and filing a FIR irrespective of the time limitations for any crime is always always possibility.

So I recommend going to the police station or better yet to the police commissioners office and filing a FIR from there.

Legally speaking you have the right to file a FIR irrespective of the time lapse of the crime and it is your right that the police launches a investigation in this matter.

Once again you all need to be strong to ensure that the testimony is recorded and to face any cross examinations.

Offline kalaskarkk

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Re: Complicated child sexual and emotional abuse USA and India
« Reply #2 on: February 11, 2018, 11:10:41 PM »
Dear Sir,

This is an exceptional case and there was lot of delay. You may file a complaint and if not acted upon by police then you may file a Writ Petition before jurisdictional High Court of State in which offence was committed.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Complicated child sexual and emotional abuse USA and India
« Reply #2 on: February 11, 2018, 11:10:41 PM »

 

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