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Three days ago I received an email wherein my 30 year old…

Three days ago I...

Three days ago I received an email wherein my 30 year old daughter accused me of child abuse when she was young. In the email there are no direct accusations but eluded to some sort of abuse. My daughter and I have had a remarkable relationship up to three days ago. I’m a 55 year old man on SSDI. I have a terminal lung disease. I’m scared and afraid of what might happen.

Lawyer's Assistant: In what state did this occur?

Utah

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of. Other than my daughter is Mormon. There are very strict rules about sexual contact

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Customer reply replied 4 months ago
Is anyone there?
Answered in 4 hours by:
3/10/2018
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,348
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Are you afraid of any criminal prosecution?

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Customer reply replied 4 months ago
She never says she will go that route but yes i am afraid of that. I have never done anything that could be misconstrued as abuse. She attended a retreat put on by The Younique company last week. The retreat was for sexually abused women. Up until that point there were no signs of any change in our relationship. In fact we took her and her husband to dinner a few nights before and things were great. She said the memory of “what I did to her” just came back clearly one day.
is she saying there was sexual about or just child abuse for you allegedly disciplining her?
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Customer reply replied 4 months ago
Here’s an few sentences from the email “Last year when we were still living at your house a series of events led my brain to release some memories that until that point had been completely blocked out. And as suddenly as a wave hitting me in the face I remember the abuse that you did to me. I tried for months to convince myself that my brain was playing tricks, and the harder I tried the more vividly the memories came back. I fell into deeper and deeper depression. ”
Thank you for the reply. In a situation like this there would need to be credible evidence of any criminal charges were to be filed and if she is talking about child abuse and nothing related to sexual abuse, the statute of limitations may have run which could prevent any charges from being filed. The time would start to run from when she turned 18 and if 12 years have passed there may not be any legal basis to proceed
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Customer reply replied 4 months ago
just a flash of memory is not credible evidence?
It would be tough. The police would want to know some specific as to when it occurred and what happened. Even then, if you did discipline her it would need to be known if it rose to the level of actual abuse.
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Customer reply replied 4 months ago
it would have to be proven that it was sexual abuse versus discipline?
Customer reply replied 4 months ago
One more quote from her letter. The only place she refers to sexual abuse.. “I know that Jesse told you where I was last week. But I don’t think you quite understood exactly what I was doing there. I was at the Haven retreat for survivors of childhood sexual abuse.”

It would indicate that she may believe she was a victim but these are vague allegations. It is not to say that her claims would not at least be investigated by the police, if they determine to be credible but it may be hard to prove anything, at this stage, unless she has a true recollection of this.

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Customer reply replied 4 months ago
What would define a true recollection? She said it just came back into her mind one day last year. This has been over a year ago that she had her recollection. He showed no signs of any change until after this retreat.
Customer reply replied 4 months ago
I’m a psychologist. I know childhood memories are subjective to manipulate and chance.
Customer reply replied 4 months ago
Change not chance.

If she went to the police and reported this, they would listen and decide if there is any evidence to basis to charge. Clearly, there is no physical evidence so it would just be her statement to them and the time that has passed and if the SOL has run.

CrimDefense
CrimDefense, CriminalDefenseAtty
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Customer reply replied 4 months ago
I think my questions have been answered. I appreciate your time. Thank you!

You are welcome

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