I don't think I've posted to you before, so I wanted to say hi. I'm a survivor who has some understanding of the legal system due to my dad's background (a lawyer who has been active in child abuse law for decades) as well as some research I've done on my own (to put together some resources for parents here). But I'm not a lawyer and not a parent, so take this with a grain of salt.
Physical evidence is pretty rare in these cases, but convictions can and do happen in spite of that fact. You need a strong case otherwise, though. Things that would work in your favor would include:
- Child is a "good witness." I think this is the single biggest reason for CSA cases not to go to prosecution or conviction: it's tough on any child to be subjected to the court process, and much more so when they've been severely traumatized. Very young children can have a hard time articulating what happened to them and sticking by that truth. It matters a LOT whether the detective and prosecutor think your child will make a good witness or not. They're unlikely to push a case forward if they doubt this.
- CPS believes abuse did occur. This is huge -- I think you've said that CPS does believe it happened? I'm wondering whether the CPS investigation has been "closed" and a final determination made. There is some degree of information-sharing between CPS and police investigations in most states, but the relationship between CPS/law enforcement varies depending on where you live.
- Indirect evidence of abuse. Things like: behavioral problems, health problems, school problems, can point to something "not right" going on. I'd encourage you to piece together a timeline of when the perp had the children in his custody, and see if that relates in any way to more doctor visits or problems at day care or whatever. There's actually a lot of documentation you can probably do now, and it's a good way to be proactive on your case. See here: http://www.network54.com/Forum/6443/message/1247326383/documentation+101
If you could let us know a little more about the CPS side of things, we may have better advice. I do agree with the others that prosecution is an uphill battle and may not happen, but I wouldn't rule it out.
take care,
b
Posted on Aug 23, 2009, 12:58 PM from IP address 174.100.166.206
