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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27757
Experience:  Active member of the NYS bar since 1989
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My child was assaulted at a public function put on by an

Customer Question

My child was assaulted at a public function put on by an electric co-op they've already filed a police report about it. The problem is the only people coming forward to say it happened are her own family, employees are denying knowledge of incident. What can I do. This happened in a small town in Colorado. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 1 year ago.
I am
Expert:  Zoey, JD replied 1 year ago.

Please provide some details about the assault. Are you looking to have the assailant prosecuted? Was your daughter injured?

What is the question you wish to ask about this incident?

Customer: replied 1 year ago.
The cops don't seem to think we have any legal recourse. I said "child assault" and he said, look, lady, there's only assault. And in the crowd, the guy ran off, the employees of the event hushed it up, my daughters in therapy, it's a big mess an I don't know where to turn.
Customer: replied 1 year ago.
my daughter was injured. Her right arm is sprained.
Customer: replied 1 year ago.
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Expert:  Zoey, JD replied 1 year ago.

The police officer was correct in that Colorado's assault statute does not take into consideration the age of the victim. It only requires that a person "knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon." See section 18-3-204 of the Colorado penal code.

This would be a simple assault as the injuries are not serious, unless a deadly weapon was used. It's a Class 1 misdemeanor.

If the police won't investigate the matter and tell you there is nothing they can do, you can go over their heads to the prosecutor's office and see if they would be willing to pursue this. The prosecutor can force the police to look into the matter.

If the prosecutor also won't do anything for you, unfortunately, he has the complete discretion to decide what cases to take on and what not to. Nobody, not even the president of the US can order a prosecutor to take on a matter he does not wish to go forward with. Then your remedy would be to bring a civil suit against the assailant, which would likely mean hiring a private investigator to help you find him.

Expert:  Zoey, JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.