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M1952's avatar

What typically happens when no charges are pressed on someone accused of sexual abuse on a minor?

Asked by M1952 (301points) July 6th, 2014 from iPhone

My young child (4yo) came to me twice and told me her bio father whom she sees twice a month had been touching her inappropriately, I called cps, they investigated, my daughter admitted to them what happened but of course her father denied everything, he lives in a different county so that seems to be making things more difficult. the case worker tells me she believes something is going on over there so I really can’t understand why they didn’t arrest him. I also put an injunction on him so he would not have visitation with the child and we have a hearing in a few weeks to see if they prolong the injunction or not, I am just wondering what to expect because basically it’s up to the court system but because there was no arrest does everything just go back to normal? Will she have to go and keep seeing him overnights? I speak to my lawyer this week, I just want to know if anyone has any information. TIA

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4 Answers

jerv's avatar

So far, there’s not enough credible evidence to warrant crucifixion, or even arrest. The most you can expect is a possible extension of the injunction while investigation continues. If you cannot understand why he wasn’t arrested, then think of it this way; how would you feel if I called you a crackhead and the police busted down your door and dragged you off even though you’ve never smoked crack in your life?

This is a nation of law and due process. While I understand your desire to protect your daughter, the accused have rights as well. This is important as there have been cases of false accusations ruining (or ending) the lives of innocent people.

Unless you want to risk being hung for witchcraft or such as is common with “mob justice”, you’re pretty much stuck with the system we have. Expect a full investigation done in a manner that protects all parties involved.

M1952's avatar

@Dan_Lyons I would like to press charges but what I mean is child protective services left it in the hands of law enforcement in his county and they have not arrested him so I don’t know what to expect from that when we go to court, could the judge also believe something is going on? Or if because no arrest was made he is off the hook?

jerv's avatar

What evidence do you really have though? The most you can get from what I’ve heard so far is an investigation, and possibly suspension of his custodial/visitation rights. False or unsupported allegations may actually get you arrested, especially is he counter-files harassment charges.

Tread carefully here. Mere suspicion is not enough for a conviction, and may not even be enough for charges. And suppose you file charges, they don’t find evidence, then later on you find more solid proof; what then? A second filing may get a, “Sure, whatever.” response, and you don’t want that!

The system may be flawed, but it is the way it is in order to protect the innocent. Otherwise, we’d all be imprisoned on false allegations. It sucks sometimes, but it’s really the best we can do.

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