Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“A friend of mine says she was sexually assaulted/raped by her uncle when she was a minor under age 13 in Michigan. She is now in her 40’s. Can she ask her uncle to enter into an agreement that she will not file criminal or civil complaint in return for some consideration without it being viewed as extortion?”
It is not likely that a court will view this action favorably. This type of action is on the fringes of extortion (or could even be squarely viewed as extortion), and is not advisable. There is also the possibility that the statute of limitations has run out on the assault, and there may not be a possibility to pursue the litigation. Should your friend decide to pursue the action against her uncle, she should consult an attorney familiar with these types of cases to help her through the process.
