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In 1998 when I was 8 years old my 42 year old step father molested

me. I told my mother...
In 1998 when I was 8 years old my 42 year old step father molested me. I told my mother what happened first and she yelled at me and called me a liar. Then I told my father what happened and he called the police and they all ended up in court. What they were going to charge him with was just indecent exposure to a minor, not his actual crime. I remember being interveiwed in a room full of stuffed animals but I never went into the actual courtroom. They dissmissed the case because of a "technicality" and he was not charged for anything and walked. My father has paid thousands of dollars for therapy and counciling for 10 years of my life. I would have prosecuted him as soon as I turned 18 but I joined the Army and was not able to. Now I am being released from active duty and I want to go back and take him back to court for his actual crime. The state is Arizona and there is no statute of limitations on child molestation. I know that I will probably be told that just my testimony is not enough, but how do you actually find physical evidence of child molestation in the first place? Some offenders aren't violent they are just sick and twisted. The only thing I possible could get on my side is that there was a little girl who was 13 and she would always come stay with me and my mom at his house and I know he was inappropirate with her but I only have her first name. I know she was also interveiwed and when the case file is pulled from the archives I can find her last name and possibly look for her. I don't know what exactly he did to her but I witnessed inappropriate behavior as well. I also have multiple family members that will testify on my behalf. My grandmother saw child pornography on his computer and got my mother to divorce him but never reported it and has nothing but her word to prove it. I cannot ask my mother about him because she did lose all contact with me by order of a judge after this case happened and I didnt see her again until I was 18 and shortly after that she died. I am now 22 years old and cannot have normal healthy relationships, I have anger issues and my mind has been completely in chaos for many many years. I will not be able to live a normal life knowing he walks happy and free. What I want is for him to go to jail and I want compensation for my legal fees and quite a bit more for the finantial and emotional harm he has caused me and my family. What can I do to make sure he pays for his crimes? Do I even have a chance?
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Answered in 29 minutes by:
8/1/2012
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,313
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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You are correct in that there does not appear to be a statute of limitations for those actions so you can certainly pursue a civil case.

Unfortunately, the decision on whether or not to bring criminal charges doesn't reside with you, that is solely within the jurisdiction of the District Attorney and it is pretty late in the game to try and bring a criminal action with no physical evidence and no adult witnesses.

What you may want to do is file your civil lawsuit and use the discovery process in that to see if you can gather enough evidence to persuade the DA to press the criminal charges. You can read about how to use discovery proactively in an ebook available at http://lessonsinlaw.com/the-guerrilla-guides-to-the-law/

Using the discovery process you can find witnesses, gather documents, etc,


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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,313
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Verified
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Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

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