Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel and I will discuss this an provide you information in this regard.Please tell meHow old was your daughter when she was molested? How old is she now?Are you saying you discussed this with prosecutor and they say there is not enough evidence to prosecute him for the molestation of your daughter?And he admitted to you that he did this? Were there any witnesses to his admission?
Also, have you considered filing a civil lawsuit against him for transmitting the HIV to you?You may file a civil lawsuit on the grounds of negligence, battery, fraud and/or the intentional infliction of emotional or psychological distress. Generally, curable diseases (such as syphilis, chlamydia, gonorrhea, genital warts and urethritis) do not provide sufficient grounds for a lawsuit.
But in a situation such as HIV, a victim must show that
1) the accused knew, or should have known, they were infected with an STD;
2) the victim was unaware of the accused STD at the time of the sexual encounter; and
3) the victim was infected by the accused and no one else.