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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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3 year old girl has been possibly raped by someone who is considered

Resolved Question:

3 year old girl has been possibly raped by someone who is considered a low level offender. we took the 3 year old to a rape specialist and she vconcluded rape by anal meens just where the 3 year old pointed when this first happened we the today took her to get an upper gi and she also believes rape has occured the 3 year old told the dr that mike hurts her there. now my question is we gave skamania county police her bloody poopy panties and the next night we had an officer go with us to get the 3 year old clothes and other stuff from perpertrators house and the person pulled a pair of blue jeans from their washing machine which we noticed when we got them home in the light they appeared to have blood stains all over them so we gave the pants to cps and they gave them to the scso. now we find out that they never sent them in or any evidence in for dna testing ? and now they say they will not try this case cause they believe we put sthe words into the 3 year olds mouth ??? what can we do about this ?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - It is difficult to get the state to prosecute a case if they do not believe their is enough evidence. I'm not certain if you contacted the county prosecutor but that is the only other person you can call at the state level. You have no way to force them to accept a criminal case if they refuse to do so. If you are concerned for the safety of the child and this is some type of visitation issue then you can file a motion in the family law court for a protection order to keep the person away from the child. That would be a civil action where the level of evidence is far less than the strict standard of "beyond a reasonable doubt in criminal cases. 3 year olds are typically not permitted to testify and without testimony it is very difficult to prove a rape occurred without some other eyewitness account. The civil court only needs to meet the standard of "preponderance of the evidence" which is much less than "beyond a reasonable doubt".
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Customer: replied 5 years ago.
there must be another avenue we can take ?
Expert:  Dave Kennett replied 5 years ago.
I told you that the civil court would be an alternative to keep this person away from the child.