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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Michelle This nurse, mother, who failed to report Sex.

Resolved Question:

Michelle: This nurse, mother, who failed to report Sex. Assault when she said she was told of it in 2004, said she did not report it because her dau., the alleged victim, didn't want her friends to know. Can the Dep. DA refuse to prosecute with this excuse? If he should refuse to uphold the law, either the "failure to report" or the charges of "child endangerment" or "child abuse" what should my next step be?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.


Yes, the DA can refuse to prosecute if the story holds true - and if it can be shown that the Mom/Nurse then kept her daughter from harm's way there might not be any charges on endangerment, etc. It is always at the DA's discretion to prosecute or not.

Unfortunately, if the DA finds no grounds for prosecution, there is not much else you can do. There would be no Federal recourse. And if the County DA does not prosecute, then that is the final answer. The matter would need to be charged and prosecuted in the venue where it occured. So, it is not like another county can pick it up - unless some of the abuse occured in another county - however, it is highly unlikely that one prosecutor will go where another has already declined.

IF my answer has been helpful, please ACCEPT - if you need further help, please let me know. Appropriate FEEDBACK is appreciated, as is a BONUS.

Thanks ~ Michelle


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