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Q
Is there a fixed statute of limitations for school violence?
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I am now an adult, but I am a victim who was repeatedly subjected to school violence during high school. At that time, I was afraid of the perpetrators' threats, and they knew my home address, so I could not even tell my parents and simply endured it alone... I was so afraid of the gang of bullies who beat and cursed at me that I could not respond, but after graduating from high school and entering society, seeing them all living perfectly fine leaves me unable to let go of my resentment. Even now, just thinking about that time is so distressing that I have nightmares. I am not sure whether there is a statute of limitations for school violence, but the perpetrators' violence continued throughout my high school years, and since I am now 21, about 2 years have passed. If the statute of limitations has not yet expired, I am considering filing a report even now.
statute of limitations for school violence
Answer to Related Inquiry
Author: 김국일
Hello. I am an attorney specializing in school violence.
From your inquiry about the statute of limitations for school violence, it appears that you endured a long and difficult time due to school violence during your high school years.
The statute of limitations for school violence is a system under which, once a certain period has passed after the harmful act, the perpetrator can no longer be held criminally liable, and the length of that period varies depending on the type of crime.
Based on the representative types of school violence, a statute of limitations of 5 years applies to assault, 7 years to bodily injury, and 10 years to indecent act by compulsion.
When a minor is the victim of a sexual assault crime, the statute of limitations does not run and is suspended until the victim reaches the age of majority.
In your case as well, if 5 years have not yet passed since you suffered the assault, the statute of limitations for school violence has not yet expired, so it appears that you may seek criminal punishment of the perpetrator.
Separately from this, a civil claim for damages against the perpetrator is also possible.
The extinctive prescription for a claim for damages arising from a tort is 3 years from the date the victim became aware of the perpetrator and the harm, and up to 10 years from the date the tort occurred.
However, since this is an incident that occurred in the past, it is important to secure as much objective evidence as possible to prove it.
If insufficient evidence remains, even filing a report may not readily lead to the perpetrator's punishment.
An attorney specializing in school violence can lawfully collect evidentiary materials through collaboration with a digital forensics center.
If you wish to hold the perpetrator accountable for school violence, we recommend that you explore specific response measures through a consultation with an attorney specializing in school violence.
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