Under whar conditions will the state not prosecute a case of child molestation?

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Under whar conditions will the state not prosecute a case of child molestation?

About 4 years ago my girlfriend’s daughter was sexually assaulted. A case was opened for this by the state. She was 5 at the time so the articulation was not all there for the child. The case has remained open and after this time we requested that the state look back into this. This perpetrator has 2 prior lewd and lascivious. The daughter was interviewed by a detective and he says that he believes her. There is an art therapist that can verify through drawings that a crime of sexual intercourse has happened.

Asked on December 7, 2010 under Criminal Law, Vermont

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  May I suggest that you seek help in this matter?  I think that you need some leverage and the way to do so is to hire an attorney to push this matter along.  You should also consult with him or her in general to look at the evidence that the state has and what the minimum would be needed to be ableto indict and convict the perpetrator.  I am sure that you realize how very difficult it is to have as your only witness a child that young (and please do not take this to mean that I do not believe you).  And continue to speak with the detective as well.  He or she is an ally.  Good luck.  


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