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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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my step daughter was living with her mom and was raped by her

Customer Question

my step daughter was living with her mom and was raped by her stepfather --problem is that by the time we got her to the doctor because of legal issues it had been several months. We know that she hasn't been sexually active here. But when we took her in for a papsmear and testing for std's , she has an std . can we use that to get the man prosecuted and if so what do we need to do first.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.

Absolutely you can use that information. If she has an STD and he is the only person with whom she has been sexually active, then the STD can be linked back to him.

 

As this has apparently been investigated and dismissed once, you would be wise to make sure you have everything in order. For example, once you get the medical reports, be sure to review them thoroughly for incriminating evidence. Further, if a doctor finds credible evidence of sexual abuse, he is required to report his findings to law enforcement.

 

If possible, it could also be helpful to have the child examined by a mental health counselor. If she has been victimized, not only would it be helpful for her, but it could also be helpful to any criminal prosecution.

 

Once everything is in place, you would need to contact law enforcement. The appropriate agency would be the police department local to where the abuse took place.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
do i need to hire a lawyer for this or can we do it ourselves.
Expert:  Joseph replied 3 years ago.

You shouldn't need a lawyer, at least not at this time. If the police effectuate an arrest, then the office of the prosecuting attorney will handle everything and there would be no need to spend money on an attorney.

 

Customer: replied 3 years ago.

Thanks for your advice. We contacted the police department. now were playing the waiting game. Roughly how long do these things take?

 

Expert:  Joseph replied 3 years ago.

What part of the process are you referring to when you say "these things"?

 

Thank you.

Customer: replied 3 years ago.

I want to see this guy behind bars. Roughly how long will it take for the detectives and prosecutors to go over the case and then do something?

 

I only ask because even though she's a big girl now--she is still our little girl and i'm proud of her and I wanted to be able to tell her about how long so that she'll know how long she'll have to wait before anything is done.

Expert:  Joseph replied 3 years ago.

The length of criminal investigations can vary widely. In many cases, an arrest will be made the same day that law enforcement becomes aware of the allegations. In other cases, the investigation may continue for several years. With that in mind, I would suggest that a reasonable expectation would be for the investigation to be concluded within about

 

Many factors could effect the length of the investigation. These factors could include:

 

  • The age of the allegations. If the allegations are from years ago, it can be difficult to establish the requisite probable cause. Conversely, if the allegations are quite recent, it would be easier to put together sufficient evidence.
  • The age of the victim. A young victim can be a bit problematic for law enforcement as it is difficult to obtain compelling, credible evidence. Conversely, an older victim would be better able to assist law enforcement.
  • The level of cooperation from the accused. If the accused makes a statement, it could provide additional evidence for the investigating officers.
  • The amount of physical evidence. Obviously, as we discussed a bit earlier, physical evidence generally makes it much easier for law enforcement to conclude their investigation and effectuate an arrest.

 

As you can imagine every investigation is different and the length of time will be different as well. If you are concerned, confused or just have questions, don't hesitate to contact the police department to inquire as to their progress.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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