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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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My daughter was molested by my x- boyfriend, and I was raped

Customer Question

My daughter was molested by my x- boyfriend, and I was raped by a family member as well as my dad, but the most hurtful thing is that in 2001 I was I was diagnosed with HIV and I cries everyday because I did not think he would do this, but later on he admitted to the molesting her, butcstates he don't know why he done it, but my daughter is not the only child he's done thus to,I tried to get him arrested but not enough evidence, I don't know what else to do, my daughter to the school official and her best friend, but still not enough evidence I really want to stop him doing this to others, but mentally and physically, I'm hurting.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this an provide you information in this regard.

Please tell me

How 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?

Expert:  Samuel II replied 1 year ago.

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.

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