I was incestuously abused at age 6, discovered at age 41, December 9, 2009.
My brother has first hand knowledge of the abuse, but may be a hostile witness.
Can I report, charge or civil sue my 11 year old abuser, now 46?
Wis. Stat. Ann. § 893.587
Wisconsin has adopted a "bright line" statute allowing victims to bring actions until they reach the age of 35, meaning that suits must be filed before a victim turns 35:
893.587 Sexual assault of a child; limitation. An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred. (As amended in 2005).
Link to PDF document containing all of Chapter 893 (Limitation of Commencement of Actions, including legislative and case annotations.)
Common law preceding adoption of statute: In cases of incestuous abuse, the claim does not accrue until the victim discovers, or in the exercise of reasonable diligence should have discovered, the fact and cause of the injury. Hammer v. Hammer, 418 N.W.2d 23 (Wis. Ct. App. 1987), rev. denied 144 Wis.2d 953, 428 N.W.2d 552 (Wis. 1988). Compare Doe v. Archdiocese, 565 N.W.2d 94 (Wis. 1997)(refusing to apply discovery rule to cases of non-incestuous abuse in which adult survivors either repressed memory completely or did not recognize that their injuries were caused by childhood abuse).