My daughter was Molested by a babysitters bf. what can i do? i filed a report with the police and nothing happened.

Asked over 1 year ago - Gardner, MA

i talked to a dcf who my four yr old told in detail what happened and she closed the case as there was nothing more she could do and the other parties dcf case was closed because the gf said she didn't think her kids were in danger(she has two boys aged 2 and 4). We talked to a D.A. who did a hack job an didn't ask my daughter the right names so she had no idea what she was talking about and didn't say anything till the D.A. asked her if any one touched her. Then the D.A. told me they could do nothing as she had to ask her and because there was no witness to the actual molestation and no pictures. i have herd nothing sense and the other parties are harassing my family with false accusations and even stated they would stop if i drop charges. My daughter has been in therepy and her story has not changed. is there a way i can get her a new D.A.? this man was never arrested and al we get is a lousy restraining order that dosnt seem to do anything. my family and i are the ones punished for this grown man licking my daughters vagina. what are my options???

Attorney answers (1)

  1. Benjamin Urbelis

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You should speak to a victim/ witness advocate at the DA's office. You do not get to pick the DA. This is not you/your daughter vs. the accused, it's the COmmonwealth that would bring the charges against the accused. Therefore, there are no charges for you to "drop", since you aren't the one bringing charges. And based on what you've said, there aren't any charges pending at this time anyways. The District Attorney's Offices in Massachusetts take child molestation more seriously than pretty much all other criminal offenses, so I have confidence that if there was enough evidence they would seek an indictment against the accused. However, if they don't have any evidence to corroborate your daughter's version, or if her version has been inconsistent or shaky, the DA might not have probable cause to charge the accused. I suggest speaking to a civil attorney about possible action on your daughter's behalf. That would be the recourse for "taking action" or filing an action against the accused, BY YOU as the plaintiff (rather than criminal proceedings in which the DA would have to bring the charges). He would likely be able to help guide you through the criminal process as well. I wish you luck.

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