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Questions about Sexual Abuse Law
Sexual abuse is a serious crime – whether it is the sexual abuse of a child or of women. Many times, these crimes go unpunished — either because the signs of sexual abuse go undetected or because people are unaware of the laws on sexual abuse. Below are five sexual abuse questions that are answered frequently by the
lawyers on JustAnswer
.
How does a hospital check for signs of sexual abuse on a child?
Many hospitals have physicians that specialize in
child abuse
and can perform a number of tests to see if a child has been sexually abused. If they suspect sexual abuse of a child, they often take photos and conduct a physical examination. This can help determine whether the child has been sexually abused, and it also acts as documentary evidence. Usually, cultures are taken to test for sexually transmitted diseases, and a pelvic examination is done to check for manipulation or penetration. Social workers and psychologists can also be brought in for a mental examination. The age of the child is always taken into consideration when determining the types of tests to be performed.
Can a school be sued if they do not call authorities when a teacher is suspected of sexual abuse?
Whenever sexual abuse of a child is detected by the state or a government official, the law requires them to contact the authorities. If a school is aware of the abuse and does not take action to remove the child from an unsafe situation, it could be sufficient grounds for a lawsuit. Depending on the situation, the school could also be committing an offense and may be liable for the harm caused. These types of cases would typically require legal counsel to prove that the school was negligent and failed to follow proper procedures. If you suspect that a child has been physically or sexually abused, or have questions about your suspicions, you could
ask a Family Lawyer
on JustAnswer for expert insights on sexual abuse laws.
If a sexual abuse case has been dismissed against an ex-spouse, can the parent with legal custody leave the state?
If the court order does not prohibit the child from leaving the state, then the parent may not be in jeopardy or contempt of court by just taking the child out of the state. When a child custody order is passed, the
custodial parent
must obtain permission through the court before relocating or taking the children out of the state for extended periods. In most cases, the judge takes the
best interest of the child
into account when a relocation situation is presented in court. If the custodial parent does not follow this procedure, the opposing parent may file a motion for returning the children to the original state. The legal recourse available to you can depend on the state you live in, as well as your particular circumstances.
Family Lawyers
on JustAnswer can answer any questions you may have and help you determine the best legal course of action.
After losing custody of children due to sexual abuse, if a parent starts spreading rumors about the new custodial guardians, would this be a form of slander or harassment?
A situation like this could actually be a defamation of character and the victim may want to seek legal counsel. There are usually two types of defamation:
Libel: Defamation by printed word. This could be letters, newspaper articles or publications on the internet.
Slander: Defamation by spoken word.
Depending on the situation, the court may award punitive damages, attorney fees and court costs to the victim.
What are the legal rights of a person accused of sexual and physical abuse?
When accused of any crime, a person has a right to legal defense in court, with or without legal counsel. To prove that the allegations are incorrect, the accused may have to produce evidence at the court hearing. If the allegations and charges are dropped, depending on the particulars of the case, the accused may have grounds for a slander or defamation of character suit. It may be in the best interest of the accused to seek the services of a lawyer, because sexual abuse is considered a serious offense in most states.
While it is serious, sexual abuse can sometimes be difficult to prove. Many times, ignorance of the law prevents valid cases of sexual abuse from even being reported to the authorities. Many of the
lawyers on JustAnswer
specialize in such cases, and can provide valuable inputs to help you determine the exact legal implications of your particular situation.
Recent Sexual Abuse Questions
5 days after completely closing our joint bank account ($10,000.00),
5 days after completely closing our joint bank account ($10,000.00), without my knowledge - my wife left my home with the children. While she was out, my wife brought an emergency PFA upon me and included the children under persons to be protected. This resulted in my restriction from seeing or contacting my children. She based needing this protection on my threat "to get to the bottom of this" after I had returned home unexpectedly to find her not at work as she claimed to me over the phone, but smoking marijuana instead and washing our sheets. The next day, my wife filed a temporary PFA on the grounds of "Sexual Abuse"(towards her only), and upon it being granted effectively evicted me by court order from my home - which we own together.
At the PFA hearing, I brought fourth video evidence disproving this sexual abuse allegation and showing her full cooperation regarding intimate activities between us which she claimed were the root of the said abuse. I had also brought fourth bank statements which support the fact that this situation was premeditated. The judge presiding would not view the evidence and, furthermore, ordered ALL videos and photos of her and I in a sexual manner to be destroyed.
A final PFA was granted for a duration 3 years and specifically states that I am not to contact my wife in ANY capacity - even regarding the children whom I was forbidden ALL contact for over a month.
Upon service of the final Protection From Abuse Order, I was granted three hours of visitation per week with alternating over night weekends. I had gone from being the primary caretaker of our sons in the evenings and weekends, to being a man who hardly saw his sons at all. Any activities which we were involved in ceased immediately upon service of the temporary PFA. These activities include, but are not limited to: XXXXX XXXXX bike riding, hiking, soccer, church, etc - she never participated in these activities with us. During a custody conference in late November, after a heated discussion she agreed to allow me to have the children for 4 hours, 3 days a week while she was working, and the same alternating weekends. I reluctantly agreed, with the understanding that we would return and discuss custody matters at a follow up conference in the attempt to assert my rights as a father to see them 50% of the time.
At this point, I was somewhat relieved because I would be able to give back to them a sense of security and stability by reengaging in the activities they have come accustomed to doing for years prior to this situation. To accommodate the situation, I moved within the same school zone to a home where they each have their own bedrooms. I have continually made myself available to the children in situations of my wife's absence or when she did not wish to attend certain functions for the children (i.e. cub scout breakfast, etc), was repeatedly and rudely refused.
At the follow up custody conference, due to the children's request to stay overnight / visit more often, I requested to turn my current 4 hour visits into picking them up from school and having them overnight. My wife and I were unable to reach an agreement and so these matters were set for trial.
On April 29th, the pretrial took place. The same judge who presided over the PFA hearing has been assigned to this custody trial. Though I objected to this, I was told there was nothing I could do because the judges take cases according to the alphabet. The judge stated to my attorney that he recalls the testimony from the PFA hearing and that he "finds the testimony disturbing and, furthermore, finds her client (me) disturbing." He also added that I "should just accept the offer made by the plaintiff to turn every other monday visit into an overnight."
After the pretrial conference my attorney advised me that I should take the offer because I was not going to get what I want. When I learned of the judge's biased remarks against me, I suggested filing a petition for His Honor to remove himself from the case. My attorney refused to be part of such activity and threatened to remove herself as counsel should I petition for this. I did look for and was told by other counsel, that at this late date, it was too close to the hearing for anyone to step in and represent me.
Friday, May 3rd, at 9 am I walked into the court room with 3 witnesses, my attorney, and an armful of evidence to my wife's unwillingness to do what is in the best interest of the children. The evidence included: text transcripts, dated and logged issues of contempt with the current custody order, and video evidence of my children playing unattended in dangerous situations. Everything seemed to be going well – there was nothing that was going against my request for more time with my children. My wife’s lawyer abruptly sent her to pick up our son in the middle of the trial. She picked him up and brought him to the court house – we waited for her and the judge had no problem with this. Upon talking to my son, my lawyer felt that everything went great, however, upon returning to his place on the bench, the judge lashed out stating that I had fed my children information and am trying to alienate them from their mother (which my evidence shows the opposite). He states that I “did it to myself” in regards XXXXX XXXXX credibility. Apparently my wife’s word is credible. Despite the evidence in my favor and despite my rights as a parent, I know that I am in a situation where I am destined for failure.
This is my second divorce, which, when it goes to trial will also be in front of this same biased judge. My first time around I took the deals which were presented to me. I am once again being pressured by the court and my very own attorney to agree to circumstances which rob my children and I of quality time together.
Is there any course of action that I can in order to get a fair hearing? Or any course of action to keep this from getting any worse and having my children suffer more?
My nice is being acuse of sexual abuse. my nice said that she
My nice is being acuse of sexual abuse. my nice said that she did not do anything wrong that the little girl hit her private part while taking a shower. She went to court and her kids were take away to forster care. My sister the grandmother was not allowed to take the kid home.
My nice will have an other hearing and we want the kids to be with the family. What can we do to get the kids from foster care?
A 24 years woman left her house for 4 years. During her 4 years
A 24 years woman left her house for 4 years. During her 4 years stay away from home she accused her father of sexual abuse when she was a child. She did that through several emails addressed to his personal and professional email box. He replied to her telling her that she is mentally sick and needs treatment. Her father got her to come back home and when she did he took her with his lawyer to a psychiatrist who diagnosed her with Schizophrenia in one session. Does this free the father of the written accusations of his daughter ? All she said is fake if she has mental problem ?
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