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A child was abused by his stepdad and his
mother will not press charges. Can a lawyer
press charges against the abuser since this
child has no voice? Police reports were filed
but the abuser has no consequences because
they are afraid to speak up
Asked on September 30, 2016 under Criminal Law, Alabama
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Anyone who is aware of child abuse can bring the abuse to the notice of the police and the state child protective agency; if there is evidence of abuse and the person aware of it is willing to testify, one or both agencies should take action. The authorities do not need the parent's consent to prosecute for criminal child abuse and/or takes steps to protect a child. However, if the authorities will not take action, the ability of a non-parent, non-legal guardian to act is very limited, since he or she does not legal authority over the child.
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