What are my rights as a parent if my 3 year old daughter was molested but the state’s attorney dropped the case?

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What are my rights as a parent if my 3 year old daughter was molested but the state’s attorney dropped the case?

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Asked on December 28, 2012 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the decision was not made by the top level attorney in that office--for example, it was made by an assistant prosecutor, not the district attorney or county prosecutor--you could try going over his or her head to his or her supervisor. You cannot, however, force the state to prosecute, so the top-level person may still decide not to, such as if they feel the evidence is too weak.

You could sue the molestor (or his/her family, if the molestor was a minor child) for monetary compensation (which can also offer some justice and closure)--the state has no control over whether you can do that. You should speak with an attorney about this option.


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