Charges were dropped on a sexual abuser because the DA said he could not rely on the testimony of a four year old in the court room even though in her video taped forensic interview she gave EXTREAMLY EXPLICIT DETAILS. I have also been told this can not be used against him in family court because charges were dropped and there will be no punishment unless another "incident" occurs and she is older and can testify reliably in a court room. I even asked who testifies if she is dead. The pervert is her father and I need to know what I can legally do to keep him out of her life forever. Any suggestions?
2006-12-27 11:53:55 · 11 answers · asked by seriously 4 in Politics & Government ➔ Law & Ethics
The OLD rule was that certain testimony from children that was taped could be used in court, even if the child doesn't testify. It was an exception to the hearsay rule (it was commonly called the "residual hearsay rule" for you scholars out there.) In 2004, The U.S. Supreme Court came out with the Crawford v. Washington decision. From now on, children will most likely need to "face their accuser" in court in order to get a conviction now. The link below explains the decision nicely.
So, if there are problems with her testifying now, maybe the prosecutor is right. Why not wait and considerably increase the chances of conviction later versus taking it to trial now with an unreliable child and getting an acquittal. After that, the state cant try him again for that crime. Its a tough decision.
2006-12-27 14:52:53 · answer #1 · answered by NCAF33 3 · 0⤊ 0⤋
I'm so sorry that this is happening. I've heard numerous cases of sexual abuse cases in which they videotaped the minors. However, there are some legal issues involved. But that doesn't negate the fact that the child is a minor and went into explicit detail about what happened to her.
In terms of what you can do get her away from her, contact the parent and have them petition to get sole custody of the girl. I'm not sure if this would be different from what you tried with family court. If you are petitioning for sole custody based upon the fact that there are allegations that her father has inappropriately touched her (which courts take seriously) and any other disgusting act, he may very well lose custody of her knowing that family court may accept the video tape as testimony against her father.
2006-12-27 12:04:13 · answer #2 · answered by penpallermel 6 · 0⤊ 0⤋
see you later because the courting is consensual, there might want to not be criminal costs. An 18 3 hundred and sixty 5 days previous (even a severe college student) is a criminal man or woman and may have a courting with the different criminal man or woman. If there have been "sex for grades" or coercion in touch, then it may be dealt with like numerous different sexual harassment case. It is going with out declaring that that is truly unethical for a instructor to have a courting with a student, no matter if both are consenting adults, and could outcome in a pastime loss or maybe if the classic for unprofessional habit will be.
2016-12-01 05:58:06 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Continue getting her lots of therapy. Every time she makes a new allegation the therapist has to report it to social services. She will be old enough to talk for herself one day. My daughter is 8yrs old and after 4 yrs they are now going to prosecute. They threw out the case the first time. Based on the allegations and the behavior she was having I was able to have supervised visitation ordered. He has not seen her in 2 yrs and now he is going to jail. There is a God that answers prayers. Hang in there.
2006-12-27 12:06:06 · answer #4 · answered by tambam 3 · 0⤊ 0⤋
Well, once a charge is officially dropped it can't be taken back up without repeat offense, I know this from experience... I can't say either way on the other issues, but this is a serious problem and you're right to feel something needs to be done.
2006-12-27 11:57:01 · answer #5 · answered by tamaleman33 3 · 0⤊ 0⤋
You can try to get the family court to order supervised visits. The father will only be able to see his daughter when accompanied by an agreed upon adult (say, your father?). If there is no agreed upon adult, in Cal., the court will order the father to pay for an off-duty deputy to accompany them.
2006-12-27 12:52:34 · answer #6 · answered by mattapan26 7 · 0⤊ 0⤋
ask for a re-trial and get a good lawyer. this is rediculous. call a lawyer right a way and get this taken care of. happy new year
2006-12-27 11:58:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Those bastards, they should've locked him up, I would tell you to shoot his brains out, but don't, you have to Punish this bitchh, soon they'll catch him!!!
2006-12-27 11:56:46 · answer #8 · answered by Anonymous · 0⤊ 0⤋
time to form a possee and string him up maybe
at least tell him that if he shows up , thats the plan
2006-12-27 11:56:36 · answer #9 · answered by kurticus1024 7 · 0⤊ 1⤋
questionable , depends on if her testimony will put him in jail
2006-12-27 11:56:16 · answer #10 · answered by Anonymous · 0⤊ 1⤋