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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 36925
Experience:  I provide general practice and mediation & arbitration services to my clients.
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legally, will anything happen if I report to the police that

Customer Question

legally, will anything happen after I report to the police that a 14 year old touched my child (7) inappropriately? do the police consider this type of abuse not worthwhile to investigate ?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 4 years ago.
Thank you for your question.

Who is the 14 year old boy? Does he live with you?
Customer: replied 4 years ago.
no, this happened at a relatives house and the boy is not related to my family in any way.
Expert:  Dimitry Esquire replied 4 years ago.
Thank you for your follow-up.

It is shameful as to what the police have told you about their investigation. Any instance, especially a valid instance of sexual abuse must be investigated, even if the assailant is a minor himself.

I suggest you keep on top of the police and demand that they investigate your claims. Should they attempt to not help, consider going to the media about the fact that sexual abuse cases are not being investigated by the police. Just be aware that you will be allowed to give the media the name of either child, as both are protected by confidentiality laws until they turn 18.

Good luck.

Edited by Dimitry Alexander Kaplun on 5/2/2010 at 7:56 AM EST
Customer: replied 4 years ago.
Relist: what he told me is what i told him.
what he told me is what i told him
Expert:  Dimitry Esquire replied 4 years ago.
I see that you reposted your question.

What exactly are you looking for as an answer--whether or not the police are required to investigate such claims?

The answer is "no", as the police and the DA's office have latitude in what to pursue. That means that if you want them to go after this minor, you have to be proactive and demand that they investigate your claims, or they may choose to "forget" about it and never start up an official investigation.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 5/2/2010 at 8:11 AM EST
Customer: replied 4 years ago.
Relist: not satisfied with the answer.
not satisfied with the answer
Customer: replied 4 years ago.

I am so dissapointed, not with your answer. i didnt realize what you had answered. I am new to this. first time used. how could the police not give much importance to this; it's a 7 year old! i f this minor shoplifts, he will definetely be prosecuted. you see this all the time. In California, will i be able to withdraw my report? the reason i filed the report is becuse the boys father is acting as if nothing happen. I told him i will not file a report with the PD if he agrees to take his son to therapy. He declined that. he said that it will affect his son. the therapist will have to report it and it will stay on his record. he said that he will take him to therapy only if that specific subject is not discussed or mentioned at all. if not then he is not willing to do anything. isnt he also somehow committing child abuse, for not reporting it? What will happen to the boy if i indeed push the authorities to the point that they will prosecute? how long will this be on his record? I upgraded to unlimited questions, will you be able to answer my questions?

Expert:  Dimitry Esquire replied 4 years ago.
Thank you for your follow-up.

I am happy to hear that you are not disappointed with my answer, just with the substance of it. Believe me I wish it were otherwise, but the police and the DA have limited autonomy in figuring out what criminals to pursue and what charges to prosecute.

You are able to withdraw the report--just be aware that if you do, should you file again, the next report may not be taken as seriously.

No, the father is not committing child abuse by not reporting, if he is truly unaware or unsure of what took place--since he was not there he can choose to not report it.

What will happen to the boy?
Hmm, depending on the offense the courts may elect to charge and prosecute him as an adult. They may prescribe juvenile detention, psychiatric review, and medical assistance. Since he is a minor, if he keeps himself out of trouble and shows improvement, once he turns 18 his record will be sealed and he will be treated as someone who was never in trouble with the law.

You can ask as many questions as you wish, but if you see an answer that you find useful and informative (even if you may not be happy with the information), I ask that you press the green "accept" button. That is the only way I get credit for my work and for assisting you.

Good luck.


Sincerely,

Dimitry Alexander Kaplun, Esq.

Edited by Dimitry Alexander Kaplun on 5/2/2010 at 9:11 AM EST
Customer: replied 4 years ago.

yes, i will definetely press that green button. I was told that, like you said, at 18 his record will be sealed except for certain careers. for example if he wanted to become a police officer, the police department will have access to his record and he wouldnt be accepted. Believe it or not, i dont want to prosecute. I know this boy very well. He is also going through some problems. Parents are divorced, mom literally had to run away to a shelter to get away from him. I guess he had complete control over her. what she could wear, who she could talk to and stuff like that. from my conversation with this man when this happened. i could tell that he didnt think it was a big deal. he said he had taken the necessary steps with the boy to make sure he didnt do it again; he took away his cell phoneYell I told him that was not enough. He said he didnt know what else to do. he immediately started telling me that if the mom had allowed the boy to move back with him, this would not had happen, blaming the mom. I tell you this so you can I understand why I didnt want to prosecute, why i so want to make sure he gets help. I am extremely angry at him, but dont hate him. I just think that he needs help when we confronted him, he said he was very sorry. he seemed sincere. but now is like nothing. he too blames his mom. telling her that she turned her back on him that it is her fault. i know that he wants to be a police officer when he grows up. I just wish that there was a way this man can be forced to take his son to treatment.

Expert:  Dimitry Esquire replied 4 years ago.
Your other option may be to contact Child Protective Services (CPS) and have them investigate the situation. This is not a criminal investigation, and if CPS finds some sort of neglect or unfitness on part of the father, they may be able to take custody and then enroll the child into a psychiatric facility for help.

That is maybe the only option you have where they can pursue this situation but the courts (at least not criminal courts) do not get involved.

Good luck!

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
ONE MORE QUESTIONS: AFTER 18, IF THE BOY WANTS TO BE A POLICE OFFICER IS THIS GOING TO AFFECT HIM? THE REPORT WAS FILED WITH CPS FIRST. THEY SAID THEY WILL NOT GET INVOLVED; SHE IS PROTECTED ALREADY. THEY WERE THE ONES THAT SUGGESTED THE POLICE. I APPRECIATE YOUR HELP. AND BELIEVE THAT I WAS NOT DISSATISFIED WITH YOUR FIRST ANSWER. I JUST DIDNT READ YOUR ANSWER. THANK YOU.
Expert:  Dimitry Esquire replied 4 years ago.
You are most welcome.

Hmm. If CPS keeps the record sealed, it should not affect him. A simple allegation of wrong-doing is not enough to invalidate--there has to be charges and a conviction, and/or an official psychiatric observation. Since this did not occur in this case, this should not affect his chances in becoming a police officer, at least basing the application requirements on today's date (I cannot speculate what limits or requirements the PD may put in place later on).

Hope that helps and please press the green "accept" button so I can be compensated for my assistance. Thank you!

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 36925
Experience: I provide general practice and mediation & arbitration services to my clients.
Dimitry Esquire and 6 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Yes it did. Thank you very much.
Expert:  Dimitry Esquire replied 4 years ago.
You are most welcome. Good luck to you!

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