My child is now 42 years old; the molestation took place when she was 7 to 12 years old. the perpetrator was charged with class d and held 2 weeks in jail with 5 years probation. She states now that she lied about the severity of the events and threats. She states 2-3 times a week and with multiple threats of death and dismemberment. She has severe PTSD. Is there any hope of having this retried with the real facts? At the time he plead guilty to "anything she says I did I did?" Not sure if the real truth and a correct charge will help but think there are many like her that at a young age just lied to try and protect herself. Is penetration with fingers considered rape?
Thank you Mr. Gorin. I am haunted by my mistakes and her condition now. I understand your answer. So my mother's were without support and I should have fought harder. Thank for your knidness.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).