if a police officer refuses to investigate a complaint that a 27 year old woman is having sex with a 14 year old boy, and children services finally step in after a year. Can criminal charges be brought against the cop?
2006-09-03 07:05:58 · 20 answers · asked by Sarah H 2 in Politics & Government ➔ Law Enforcement & Police
What kind of proof was there that the police officer could have acted on? How about the school where the child attended? Where did all of this take place? I think taking the story to a newspaper might be a good idea. suing the woman (besides criminal prosecution). There is soooo little in place protecting kids.... Seems everyone Else's rights are looked out for... You might take it to the police review board. get as much info as you can, write down as many details as possible, dates conversations etc...
2006-09-03 14:52:34 · answer #1 · answered by I 2 · 0⤊ 1⤋
I don't believe you
I think the cop refuses to investigate your complaint because you do not have enough evidences to accuse a 27 years old woman to have sex with a 14 years old boy..
no evidences no case...
be advice before take any step against a police officer
you better consult a lawyer.
2006-09-03 07:18:13 · answer #2 · answered by Danny 2 · 0⤊ 1⤋
well its a bunch of red tape and it sucks but depending on what kind of cop you got, elected officials such as the sheriff handle things much differently than appointed ones like a police chief, heres what I've seen up close and personal: stalked/ blackmailed by a deputy, try talking to the sheriff, well he doesn't want to pay unemployment so he cuts the deputys hours, and makes him quit, he goes from one department to another even back to the county where he commited the crime, no one wants to do anything because at this point the sheriff has mande himself an accessory--to protect from capture or punishment, and the prosecuting attorney doesn't want to prosecute her own sheriff, eeewww! talk about a mess, the attorney general has handled things rather quietly, they have taken badges, from the sheriff and the deputy among a few others, thus doing nothing more than making the cops mad at me. A government that is for the people and by the people... huh that remains to be seen, doesn't it, however, in other situations the police chief seems to handle things on a very professional level when something is brought to his attention. The safety of the child should be of most importance, however it probably won't be, it will be done in a manner to protect the cops career and reputation, sorry for the bad news but if your problem is with a county official, you're screwed.
2006-09-03 09:15:28 · answer #3 · answered by marquita 3 · 0⤊ 1⤋
Ok the proper protocol in NC is to investigate it. Talk with the parents of the boy and maybe the older lady. Aside of that we contact child protective services or DSS and they take charge of it. If a law is being broken they will call us and have a police officer arrest the person committing the crime. But if the boy isnt saying anything and the oldeer woman isnt. What would you want a cop to do?? Arrest on suspicion of a crime being committed? That will surely get you fired, and sued.
2006-09-03 11:10:09 · answer #4 · answered by Brian M 2 · 0⤊ 1⤋
Interesting that you bring up such an issue. The US Supreme Court decided a case about police refusing to act last year.
At issue was a woman who had a protective order from the court against her ex husband. When he violated that order and went to her house, she called the police, while he proceeded to kill her three children. When the police failed to act, she filed a suit against the police department and the city. The case was Castle Rock v. Gonzalez.
http://a257.g.akamaitech.net/7/257/2422/27jun20051200/www.supremecourtus.gov/opinions/04pdf/04-278.pdf#search='colorado%20supreme%20court%20gonzalez'
Long story short, the case climbed it's way into higher courts, ending at the US Supreme Court. The Court ruled (for the second time, as another case was ruled similar in the late 1970's) that police do not have an obligation to respond to all calls for help, only to protect society as a whole. Further, that police discretion includes the discretion to do nothing. The only time that police can be held liable is if they are the ones committing the act.
The only solution--write your legislators and demand an accountability statute at state level for all law enforcement officials.
2006-09-03 07:17:48 · answer #5 · answered by Dewhitewolf 3 · 1⤊ 1⤋
A police officer cannot act unless he has been given sufficient evidence to justify that action. You need to prove that you did give him sufficient evidence then you can have him disciplined. (Not arrested, if he is incompetent it is a disicpliary matter not a criminal one if it was we would all have been arrested at one time or another) If the officer can prove there was not enough evidence to go on he will,of course be cleared. Start by contacting the internal investigations department at your local police station.
2006-09-03 08:05:09 · answer #6 · answered by malcy 6 · 0⤊ 1⤋
Only if the officer had in some way contributed to the crime could they be charged. The worst thing that could happen to the police officer is being fired from his job. What you could discuss is a lawsuit against the police officer's municipality. I would not recommend going this route as this is a longshot and would most likely be dismissed in court. If you are unhappy about the way things turned out consult your mayor and or police chief. If that falls on deaf ears than consult your local news station about your story.
2006-09-03 07:15:03 · answer #7 · answered by gjjr2004 3 · 0⤊ 2⤋
No. You can not randomly go to the police without evidence and claim a crime was committed. Once children services investigates, the police may be brought in.
2006-09-03 07:09:06 · answer #8 · answered by Colorado 5 · 2⤊ 1⤋
You would have to prove that the cop was colluding with the offender, and facilitating the rape to make criminal charges.
Civil charges may be pursued against the cop, and department if you can prove negligence beyond a shadow of a doubt.
2006-09-03 07:10:04 · answer #9 · answered by Don 6 · 3⤊ 1⤋
no, first the police officer is only one officer, if you suspected something, did you call the police dept day after day to complain.
Did you call the police officers supervisor,
Did you go down to the police department to file a report
Did you call the DA to see about pressing charges on your own.
A police officer on this would normally turn this over to childrend services if they get a report.
2006-09-03 08:55:24 · answer #10 · answered by Anonymous · 0⤊ 1⤋