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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27705
Experience:  18 years of litigation experience.
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20,years ago my niece call 911 and said that her father had

Customer Question

20,years ago my niece call 911 and said that her father had touched her inappropriately. He took two lie detector test and passed both. She then told that she had lied because she had gotten discipline and the charges were dropped. Now he is going through a divorce and requested half of what they own. My niece said that if he doesn't let his exwife have it all that she will go tell that she was molested by him again. Can that case be reopened if all charges were dropped
Submitted: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.


I don't know what US state this was alleged to have occured in, but the statute of limitations for sex offenses were much shorter 20 years ago than they are now, and it's the statute of limitations in effect at the time of the commission of the alleged crime that controls, rather than the ones of today. But also, even if the statute of limitations hasn't already run, the complainant's testimony has already been greatly discredited. The two polygraph tests, the admission by the complainant herself that she had lied, and the dismissal at the time of the so-called incident, makes for strong evidence in your father's favor that the complainant is lying.

I also don't know if at the time the case was dismissed with or without prejudice. If dismissed with prejudice, the state cannot refile the charges. But assuming the state could refile and the complainant could convince the police to charge him again with this, there is plenty of evidence that would yield reasonable doubt. The odds of him being convicted are very low.