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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19772
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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Hi my daughter recently told me she was sexually assaulted

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Hi my daughter recently told me she was sexually assaulted 11 years ago when she was 5. Someone knew about this in 2007 and reported it to child protection. An investigattion was done but she told CPS she didnt remember anything (she recently told me she lied because she was afraid he'd hurt me) and the police could not find the pictures the person also reported seeing. I went to police this week and said for sure it's sexual assault of a child under 13. What is the liklihood that he will be charged and get punishment for his crime, which I'm sure he continued with other children over the last 10 years
Hello,

Thank you for the information and your question. Are you saying that your daughter identified the man and is willing to testify to all of the facts surrounding the assault? Has she been interviewed by the prosecutor's office or, if not, who has interviewed her?
Customer: replied 3 years ago.
Hi. When we went to police this week, the police didnt have his picture on record to id him but said they'll get something so my daughter could id him. And the next step would be my daughter talking to the district attorney. She already spoke to the officer who took the report. Yes, my daughter is willing and able to testify and id him. She is still very worried about my safety but the officer assured her he wouldnt know where we live.
thank you
Erika
Hello again Erika and thank you for your reply. Although these cases can be tough since there has been a delay in time, a recantation, and presumably one person's word against the other, if your daughter can give the DA enough information about the circumstances and details to establish probable cause to file charges and a strong enough case that the DA thinks he or she can get a conviction on, they will move forward with the charges.

Then, it all comes down to what the trier of fact (if it actually goes to trial versus a plea) believes the credible evidence is. The accused will, of course, have his own story, which I assume will be a denial of all or part of what she says. However, people are convicted in cases like this. It just is not a clear cut easy case.

Please let me know if you have any follow up questions. I would be glad to assist you further if I can.
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