What steps do I need to take to personally prosecute an un-convicted child molester

Asked over 5 years ago - Oroville, CA

I am 19 years old now. The abuse happened to me when I was 12 through 16. I have witnesses who saw this man and I kissing, hugging, cuddling, and touching each other, and were in contact with me directly after sexual contact with the molester. My witnesses also saw verbal and physical abuse take place against me. I also have the molester's myspace.com blog printed out where he mentions my name many times and talks about our "relationship", and refers to me as his "ex. girlfriend."
My other witnesses were with me directly after undergoing a violent domestic beating, hearing the yelling coming from the apartment i was staying in. Is there anything that can be done?

Additional information

There is also a counselor which I was required to see after the first Sheriff report in 2003 was filed, and she could be called into court to testify. I admitted to her what types of abuse i underwent by the molester when I was approximately 14 years old.

Attorney answers (3)

  1. Brian Richard Dinday

    Contributor Level 16

    1

    Best Answer
    chosen by asker

    Answered . I think that criminal prosecution is still a possibility. What I do not know is why the D.A. did not ever file charges against him. What more could they need? I would like you to give me a call or email me directly so I can learn more of the facts. It could be that the D.A. simply did not get enough of the evidence from the police to convince him that there is a strong case.

    The statute of limitations for your situation does not run for another nine years. Do you have copies of the police reports generated after you complained of the abuse? If so, I would review them without charge to see what could possibly be missing that allows this person to remain free.

    Other than a botched investigation which resulted in inadequate information being forwarded to the D.A.., the only other explanation I can think of is that this abuser has friends in the police department or D.A.'s office who protected him. If so, there are remedies for that too.

    My contact data is found at:

    http://negligentdeath.com/contact.htm

  2. Matthew Edward Williamson

    Contributor Level 15

    Answered . Again, you can not personally prosecute him, only the DA's office prosecutes.

    What you may be asking - can you personally sue him into bankruptcy? That may be possible, but it normally, but not always, requires one of 2 things. Either 1) a lot of money on your part to hire an attorney or 2) the defendant has assets for the attorney to go after in order to take the case on contingency.

    Please seek counseling - you appear to have a lot of anger - I grew up in your area and many times the DAs office just doesn't seem to get it or the police don't follow through so I can feel for you.

    Good luck with the situation.

    Matthew Williamson

  3. Jonathan H Levy

    Contributor Level 20

    Answered . If law enforcement was previously involved and the DA did not press charges then, it is unlikely they will do so now,. If the molestor has any assets, a local attorney might file a lawsuit on contingency.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,069 answers this week

2,246 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,069 answers this week

2,246 attorneys answering