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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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Setting a mother goes to the pol. dept., Jan., 2007, and

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Setting: a mother goes to the pol. dept., Jan., 2007, and says that she was told in June, 2004, by her then-12-yr. old dau. that her dad had squeezed her breast the night before, and that, then, she started remembering 2 similar incidents from when she was 6, and this mother also told her 2 witnesses that the dad had also told this girl that if she had any questions re: sex, that he would be glad to tell her; these friends also said they thought this was an abusive situation, but this mother continued to live with this man for another 14 months before he moved out. She, then, filed for divorce, but w/no mention of sexual assault on the girl. Divorce was granted July, 2006. Jan., 2007, she goes to pol. to report all the above, along with alleged threats, etc. Feb., 2008, he took a plea bargain, did his time, registered as SO. Is this mother immune from any crim. charges - endangerment? abuse? anything? She's also an R.N.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

 

are you asking if the Mom can be charged for not reporting it earlier? No, she cannot be charged with anything. the DA would not, in my experience, move forward on those charges The Mom would be fine, because she reported it immediately upon the realization that the molestation took place.

Customer: replied 8 years ago.
The mom did NOT report it immediately upon being informed; she waited some 2 1/2 years before reporting it.
Expert:  Samuel II replied 8 years ago.

hi

 

yes. i see that - but she did report it - was she charged then for not reporting it? there would be a statute of limitations for charges which would be 3 years for a felony charge and 1 year for a misdemeanor. now, these would not pertain to the actual abuse which is why he was able to be prosecuted as those SOL begin at the age of majority for the actual offense. but the Mom would not be beyond the statute of limitations

Customer: replied 8 years ago.
No, the mom was not charged at the time of reporting. I don't understand you last statement that the Mom "would not be beyond the statute of limitations."
Expert:  Samuel II replied 8 years ago.

hi

 

my error - the Mom is beyond the statute of limitations for filing charges - bottomline is she cannot be charged at this time - because the actual crime took place in 2004. additionally, what would they charge her with - negligence ? each of us has a duty to act reasonably toward others. if there is a violation of that duty, without any conscious intention to harm, that violation is negligence. but culpable negligence is more than a failure to use ordinary care for others. for negligence to be called culpable negligence, it must be gross and flagrant. the negligence must be committed with an utter disregard for the safety of others. culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.

 

so even if the SOL was not expired, i dont know that the DA could prove the necessary elements.

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