I just found out that my children my 5 and 6 year olds were being sexually abused by my neighbors 8year old son. I have gotten them into couseling and have filed a ploice report. but i need to know if i can take the parents to court because they were supposed to be babysitting my children when all this happened. What can i do?
2006-09-15 03:52:27 · 6 answers · asked by Kelly T 1 in Politics & Government ➔ Law & Ethics
You can take anyone to court. But you may be ill advised to do so -- at least without mature consideration -- for a couple of reasons. I shall explain.
-- Nobody under the age of 10 can have the mens rea sufficient for criminal liability.
-- Whether the parents are "responsible" for what happened is an open question. If they were unlicensed and unpaid, they will deny everything and you will be put to the proof.
-- I recall a case where a teenage boy -- older than 12 anyway -- molested a Downs syndrome girl of the neighbors. He was arrested and sent to an institution. When he came out he was required to register as sex offender or pervert. But he couldn't be made to move, and his parents wouldn't move. The neighbors wanted to sell up and move away, but the fact that a registered sex offender lived next door made their hosue unsalable. THEY were financially punished for HIS crime. (Never mind that offender registration makes little sense where an offense is unlikely to be repeated; the registration laws are inflexible.)
-- Your neighbors' household insurance will pay for their lawyer. Who will pay for yours?
That said, this is a terrible thing to happen, and I hope (and believe) your children will get over it. In fact, when abuse is by others close in age it seems to be less damaging than when it is by an adult.
An afterthought: The case of Raoul, the Swiss boy in Colorado accused of interfering with his younger sister, illustrates the unintended consequences that can happen. The family was advised by the Swiss Embassy's lawyers to abandon Raoul -- taken to court in shackles -- and return to Switzerland lest their other children be taken into care. The did that, and prosecution became impossible. They sent Raoul to Switzerland alone to rejoin his family. (For some time the Swiss Embassy had an explanatory note on its Web site, pointing out that prosecution in such cases is impossible in Europe, where his case (and your children's) would be a social services concern and not a judicial one.)
I think it unwise, and I will not, draw any conclusions from your statement of facts. My only aim is to point out how justice can escape you, and the victim can be further penalized. Assuming that, unlike the McMartin and Shetlands cases, the abuse was genuine in the first place. (I have been in the position of a parent having to decide the meaning of a child's improbable account. (The daughter in question is now 22 and a med student, so it's a moot point today.)
2006-09-15 04:06:24 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What happened to the 8 year old pervert? I would ask social services what your next step should be. That 8 yr old needs to be handled. You should not have to go through a court case for this.
2006-09-15 03:55:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
definetly get social services involved, if he sexually assulted your children who's to say he has not done it to others? Or will continue to do it. Also, 9 out of 10 children who abuse other children have been abused themselves, this child needs help.Maybe something is going on it that childs house that needs to be investigated.
2006-09-15 04:01:31 · answer #3 · answered by Big D's Sexy Peach 3 · 0⤊ 0⤋
Let the criminal prosecution go through with the police and DA's office and yes you can file a civil suit against the parents.
2006-09-15 04:05:35 · answer #4 · answered by bsure32 4 · 0⤊ 0⤋
Prepubescent abusers are acting from either exploration and experimentation or from the fact that they are being or have been abused themselves. Overactive sexual activities at 8 more than likely indicate that the child himself is abused since most sexual exploration at that age consists of the "you show me yours, I'll show you mine" play that happens with kids.
You can post your question here:
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to get free advice from a lawyer
2006-09-15 04:20:33 · answer #5 · answered by Canadian_mom 4 · 0⤊ 0⤋
Go and see the D.A.
He/she may take the case and will prosecute for you. As victims your children will be may be entitled to restitution for any monies you have already spent for their therapy as well as money for future therapy. You may also get additional funds.
You can also file a civil suit. You may want to get your own atty.
2006-09-15 04:01:54 · answer #6 · answered by GrnApl 6 · 0⤊ 0⤋