I recently noticed my abuser was given a plea deal claiming I was only 13 at the time of the assault so as to get a shorter sentence. I was 4-12 during the years of abuse I sustained at the hands of my abuser. If that factual information had been shared he could not have claimed I was 13 and got a shorter sentence. I want to sue the state for allowing a lie to determine his sentence. I never saw my abuser past the age of 12. So how can he get a lesser sentence claiming I was 13 at the time of the abuse!? How do they not go off the age I was when it started? Is there anything I can do for justice? Is there a statute of limitations for something like this?
You cannot sue the state for deciding which criminal charges or provisions of criminal statues it will proceed with as the state and prosecutor both have sovereign immunity on those decisions.
Please note that it is common in these cases for prosecutors to amend charges in exchange for the defendant pleading guilty. This can include amending the age range in the charge. Without knowing the exact charges it is impossible to know exactly what happened in this case.
Prosecutors do this for a variety of reasons but mainly because if they offer nothing then the defendant may not plead guilty. There is no risk free litigation. There is always the risk that even an apparently open and shut case can be lost at trial.
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