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Can I sue CPS?Or my x husband who raped and molested are daughter for 8 years

Riverside, CA |

My daughter recently confided in me that she was being molested and raped since she was 9 . Already filed report with the police . She is 19 now . I had reported to CPS when she was young they never even interviewed her . Can we sue them or the dad that did this to her .

Attorney Answers 4


This must be horrendously painful for you both, I am so sorry. What a failure of the system.

I am going to re-tag this question so that appropriate experts can weigh in. If she is up to it, I would advise your daughter to contact the police immediately - a criminal action is still a possibility. Your daughter also has the option of a civil suit for damages against dad. A civil suit against CPS is tough but you can explore whether you have enough to move forward with a personal injury expert.

Good luck.

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We have filed a police report but the detective said we have to wait until we do a phone call to her dad?? Just the waiting is insane

Erin Patricia Farley

Erin Patricia Farley


I cannot imagine. Thank heaven she has you to be her soft place to fall. Make sure dad has NO contact with either of you. If he does anything that scares you, call the police and get a restraining order.


Ms. Farley is correct. File a police report .

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Have a "sexual abuse lawyer" investigate a claim.

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Where there's a will there's (often) a way. Probably there is no statute of limitations bar. What did you report years ago to CPS? I lack information to find a basis for liability of CPS. "Dad" is clearly liable if you prove that he performed these sexual abuses. Does "Dad" have the ability to pay much in the way of damages? I'd see about getting him prosecuted criminally immediately. And, I'd make sure that your daughter gets the love, services, and support she needs to move into the future as free as possible of the past.

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