****A couple of weeks back I found out my child was molested I reported to the police ,cps and the school. She was interview and hospital examined her
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****A couple of weeks back I found out my child was molested I reported to the police ,cps and the school. She was interview and hospital examined her
Perpetraor is still free what can I do? Detective tells he just needs a positive id. I gave him his full name possible date of birth and his address. What can I do? please help.
Asked on March 24, 2009 under Criminal Law, Texas
Answers:
S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Usually, your daughter has to identify him - either choose him from among photos of approx six men, or point him out in a line-up.
How old is your daughter ?
Is there any corroborating evidence (physical damage to her, another person saw them together & saw she was upset, etc.)
'Molest' is a broad term. If it was touching, a Prosecutor will have to prove touching on specific areas of her body and for the reason of sexual gratification.
Prosecutors and police are usually excellent in following up on this type of charge (indeed, most of them are parents). There may be a legal problem in charging him (he may have an excellent alibi, your daughter may have contradicted herself unwittenly, there may be no proof to sustain the charges, etc.)
Or, they may be building their case and they don't want to rush into anything and have it dismissed. If the Police haven't completed their investigation, the report hasn't even been sent to the Prosecutor for consideration of charges.
Call the Detective assigned to the case and ask why nothing has been done and what can you do to get the predator charged. If the explanation given is not acceptable, ask for the supervisor's name and lodge a complaint with that person. Go to the Chief/Head of Sheriff's Dept. if necessary.
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