what are the chances for prosecution. Child discloses sexual abuse and interviewed by forensic team and examined by doctor. Their findings were suspicious for abuse. Child has been in therapy for 2 months and therapist confirms her findings as child sexual abuse. will the perp be prosecuted/arrested?child sex abuse
A reasonable doubt can arise from the evidence itself, the lack of evidence, or a conflict in the evidence. We are criminal defense attorneys here and will point out that what you have written is all circumstantial evidence, not direct evidence. We do not know enough of the actual facts in the case to make the determination that there will be an arrest. Theoretically, when the state forms a case on only circumstantial evidence the state must surely rebut any reasonable hypothesis of innocence in order to secure a conviction. Otherwise, a judgment of acquittal must be granted upon proper motion.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
If you are the guardian of the child, this determination will be made by the district attorney. If you are the target of the investigation you should not give a statement to anyone and should hire an attorney immediately.
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