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Sexual Abuse Questions

Sexual abuse is the act of sexual behavior towards one person by another in a forceful manner. Also known as molestation, sexual abuse is usually initiated by an adult towards a child, also known as child sexual abuse. Below are a few questions that have been answered by Experts about sexual abuse.

My daughter is a victim of sexual abuse by her uncle. The assistant DA in this case made a plea withdrawing the felony 3 and m1, in turn he pled guilty to an m2. I asked that she make no plea agreement as it is my daughter's right to have justice for what he did. What are my options and how should we write the impact statements? Will the judge overturn the plea?

Usually, this type of case is a hard one to prove when there is a child involved. Many times it turns into a battle of two stories. In many situations such as this, the court will choose not to let the child testify in order to avoid more trauma towards the child involved. This is especially true when the offender is a family member. The judge can decline the plea agreement; however it will be based on the many factors of the individual case.

The state has the control when it comes to push criminal cases and there is nothing that you or anyone else can do to force the judge or the DA to withdraw a plea agreement. If you want to take the uncle to civil court for damages, you may want to discuss this option with a child psychologist due to the risk of inflicting more trauma on the child involved. More than likely, the offender will have to be a registered sex offender which will affect the rest of his life and how he interacts with children. When you write your impact statements, you should make your feelings and concerns known as well as request that the person be made to register as a sex offender.

I was falsely accused of sexual abuse four years ago. My case has been postponed multiple times. I have a signed letter from the previous prosecutor that includes the present prosecutors name as well. This letter states that if my witness (daughter) takes a polygraph and passes that the state will dismiss the case. The letter also says that the state feels they have no evidence to support their case and any findings they have actually support my case. What can I do?

Usually, if the victim has remained firm on their story, the judge will not dismiss the case and there isn't anything that can be done to force a dismissal. It may be possible for you to press charges against the DA for violating your civil rights as well as slander if you are found not guilty. While the polygraph test that your daughter took will not be allowed in court, you can argue that you and the prosecutor had an agreement and the prosecutor broke the contract by not following through with his agreement. This probably won't help you any during the trial, however you can use it for a means of an appeal later on.

If a man has been charged with sexual abuse by two people but is only convicted with one of the charges, can the person who didn't get an indictment come back later and bring charges against the man?

If the second alleged victim has enough evidence to proceed, the prosecutor may decide to take the case to the Grand Jury. This will have to be done before the statute of limitations has expired for the individual crime. The choice won't be up to the alleged victim because the state is the only one who can pursue charges.

I was sexually abused in the state of Kentucky from age 5-12. I am now 25. Should I speak to a lawyer or the police? I don't have enough money to afford a lawyer right now.

You don't have to talk to an attorney before you report the sexual abuse. However, you may consider doing so in order to have your facts straight. If you can't afford to hire an attorney, you should consider looking for an attorney who will represent you on a contingency basis. This means that the attorney will receive a portion of the award when you win your case and will only be paid if you do in fact win. The statute of limitations usually runs out after 5 years of the last sexual abuse, 5 years from the child's 18th birthday or up to 5 years of the discovery of the abuse. This is pursuant to KSA413.249. However, there may be situations that prevent the statute of limitations from taking effect and is usually based on the conduct of the alleged offender. If this is the case, charges could be filed at any time.

Sexual abuse is a serious crime and an act that can devastate a person's life. Laws can vary from state to state and every individual circumstance can have an impact on how the law is applied in the case. If you have questions or concerns about sexual abuse, don't hesitate to speak with an Expert and seek legal insights based on an evaluation of your case details.
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Recent Sexual Abuse Questions

  • I have a hearing set in a couple weeks regarding me terminating

    I have a hearing set in a couple weeks regarding me terminating my probation early. I have served 7.5 years of a 10 year sentence for attempted sexual abuse of a 17 yr old. It was at a party where alcohol was involved. I have no prior history, sexual, or criminal. I have completed all treatment, passed all polygraphs, and have had no write up's or violations, and i have passed all my ua's and ba's. Because I am not on the continuation probation case load, my probation team says it is policy that they cannot fully support/help me, but would not contest my being released from probation. Further more i have been told by my last two PO's my surveillance officer, as well as my therapist that they believe that I do not need supervision any more and have encouraged me to persue early termination. The state as recommended that i not be granted early termination, but I responded to their objection, and was given a court date. What should I expect? Is it important to have my wife with me (we were supposed to be on vacation on the court date, and I will have to stay behind for the court date if they dont change it). any advise or just words of wisdom are appreciated. thanks
  • Hello I was a victim in a CSA (criminal abuse) incident

    Hello I was a victim in a CSA (criminal sexual abuse) incident in Chicago and have a few question and need some legal advice before I speak to a detective, with whom I have a phone appointment, this afternoon. I met a person who was 29 during work and believed him to be a friend. A week and half later he invites me to a fancy restaurant (we were in a private lounge so just the two of us) and after dinner during a conversation (basically all about how smart/intelligent and successful I was going to be, how he was going to find me a better internship and other obviously compliments just to accomplish his goal of abusing me - he was a professional at it. He knew what to say and how to say it.) he sits next to me and begins to massage my private areas from the outside. At that point I was in shock and after about 2 seconds he tries to insert his hand in my actual private areas. At that point out of fear I stood up and attacked the person. And subsequently ran outside of the lounge and asked the restaurant workers to call the police. An undercover officer who was working downstairs came upstairs and subsequently 2 police officers arrived on the scene and questioned separately me and him. His head was bleeding and I was unharmed physically (not emotionally). Anyhow, the 2 police officers let me go home and reassured me that nothing was going to happen to me fortunately. They later that evening dropped off an incident report which states the accident and the fact that I was a victim in a criminal sexual abuse and instruction in the event that I wanted to press charges on the person. I called the number provided just to see how I should proceed (I have never been involved in any crime) and they said that standard procedure for CSA incidents is to receive a phone call from a detective in the following days. I received this call almost 1 month and this afternoon I will be speaking with the detective and I really don't know what to expect or how to handle this. Another detective advised me that I don't really need a lawyer since I am the victim and they are simply trying to gather information and help me if I want to press charges but I don't know if that is true. I will tell the truth about everything, even admitting the fact that I attacked the person after he began abusing me but hope that won't get me in trouble. I haven't received any papers stating that the person pressed charges on me but don't know if he has or hasn't. My guess is he won't. He works in a high position for CBS so most likely has a lot of power. I am a student in Engineering so having a clean record means the world to me and it has always been my goal. Besides the great emotional harm I have suffered I just want to forget about this. So essentially I am looking for help in handling this phone call with the detective. What I should and shouldn't say and whether or not telling him the truth that I did attack the person after he began abusing me can get me in any trouble despite the police officers told me I am completely fine as far as the law is concerned. Thank you!
  • My daughters father (my ex-boyfriend) has past allegations

    My daughters father (my ex-boyfriend) has past allegations of Sexual abuse towards his ex wifes daughter who was 2 at the time. Those allegations were never pursued because his ex wife moved and dropped the charges. There have been allegations on him as well for having sexual intercourse with my then 13 year old cousin (he would have been 23 years old). I have just received pictures of Text messages between him and my cousin again stating that they were having sex (she is 15 and he is 26) and that she will always have feelings for him.
    My question is: he has full custody of my daughter because I moved out of jurisdiction for a job (in process of getting custody back). Is there any way I can get this brought to court or is this all just going to be used as he said/she said even though I have the pictures/texts to prove that they had sexual relations with her being a minor and that allegations like this were brought up before? I want to know how to go about this situation and get my daughter out of that situation.
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