Q
Is there a set period for the statute of limitations on school violence?
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A court-appointed attorney was assigned to a family member detained in a criminal case, but I've borrowed money from various places and now have some money. I want to find another attorney or law firm now and respond with an attorney we like. The current attorney doesn't seem to care properly — maybe it's just my feeling — and communication doesn't work, which makes me distressed too. I'm asking if I can switch to a private attorney.
school violence statute of limitations
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作者: 김국일
Hello. I am a school violence specialist attorney.
Looking at your inquiry about the school violence statute of limitations, it seems you have spent a long, difficult time due to school violence in high school.
The school violence statute of limitations is a system in which criminal liability cannot be pursued against the perpetrator after a certain period has elapsed since the harmful act occurred, and the period varies depending on the type of crime.
Based on representative types of school violence, the statute of limitations is 5 years for assault, 7 years for bodily harm, and 10 years for indecent assault by force.
If a minor is the victim of a sex crime, the statute of limitations is suspended and does not run until the victim reaches adulthood.
In your case as well, if less than 5 years have passed since you suffered the assault, the school violence statute of limitations has not yet expired, so it appears you can demand criminal punishment of the perpetrator.
Separately from this, you can also file a civil claim for damages against the perpetrator.
The statute of limitations for damage claims due to tortious acts is 3 years from the date the victim becomes aware of the perpetrator and the damage, and 10 years from the date of the tortious act.
However, since this is an incident from the past, it is important to secure as much objective evidence as possible to prove it.
If sufficient evidence does not remain, even if you file a report, it may be difficult to lead to punishment of the perpetrator.
School violence specialist attorneys can legally collect supporting materials through collaboration with digital forensics centers.
If you wish to hold the perpetrator accountable for school violence, please seek concrete countermeasures through consultation with a school violence specialist attorney.
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