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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17098
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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we just found out our 16yr old daughter was touched by a much

Customer Question

we just found out our 16yr old daughter was touched by a much older cousin . she was about 10 0r 11. she has been getting in lot of trouble with drinkin , depression, sex with older guys. we want to put his ass in jail but she doesnt . she is scared. i belive her. this all just came out and see ran away because she couldnt tell us so she did it in a letter. we want to go after him so he does not do this to anyone else. deena elms
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

hi

 

thank you for that information. and this happened about 6 years ago in AZ? when you say "touched" was it sexual intercourse?

Customer: replied 4 years ago.
no . just touching
Expert:  Samuel II replied 4 years ago.

hi

 

ok. thank you for that information.

 

here are the applicable laws - depending on where she was touched - the statute of limitiations is 7 years from the last incident. so there would be time to have charges filed. you need to report this to your district attorney in the county where this took place.

 

 

13-1404. Sexual abuse; classifications

A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.

B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.

 

13-1410. Molestation of child; classification

A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under fifteen years of age.

 

B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-604.01

 

13-1417. Continuous sexual abuse of a child; classification

A. A person who over a period of three months or more in duration engages in three or more acts in violation of section 13-1405, 13-1406 or 13-1410 with a child under fourteen years of age is guilty of continuous sexual abuse of a child.

 

B. Continuous sexual abuse of a child is a class 2 felony and is punishable pursuant to section 13-604.01.

 

C. To convict a person of continuous sexual abuse of a child, the trier of fact shall unanimously agree that the requisite number of acts occurred. The trier of fact does not need to agree on which acts constitute the requisite number.

 

D. Any other felony sexual offense involving the victim shall not be charged in the same proceeding with a charge under this section unless the other charged felony sexual offense occurred outside the time period charged under this section or the other felony sexual offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved. If more than one victim is involved, a separate count may be charged for each victim.

 

 

 

Customer: replied 4 years ago.

she is scard. would see have to go to court. she doesnt want to. the whole family is fighting over this calling her lier and a slut.

Expert:  Zoey_ JD replied 4 years ago.
Customer

I am sorry to hear about this situation which is clearly a very emotional issue within a family.

The previous expert is entirely correct. Depending on exactly what happened (no need for you to put that here on a public forum) your daughter may still be able to report this incident. However, a defendant has a constitutional right to confront the witnesses against him. If your daughter would not be willing to go to court when necessary and to testify before a grand jury or at a hearing and trial if it came to that, it is likely that the state would not be able to make its case and would decline to prosecute the matter.

Prosecutor's offices offer services to people who are victims of a crime. Many are embarrassed, scared or very conflicted about going forward. If you feel strongly that this case should be reported and your daughter would be willing to at least talk to a prosecutor and let Victim's Services counsel her about the matter before completely making up her mind about how she wants to handle this, that might be a good compromise to suggest to her.

._____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

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Zoey_ JD
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.