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Taking a Molestation Case to the Court

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Taking a Molestation Case to the Court

Postby YI84 » Fri Dec 26, 2014 7:36 pm

I am seriously considering taking my molester to court.
I wanted to know the following:
1. Do I need physical evidence to take the case to trial?
2. Do I need physical evidence for the molester to be proven guilty?
There was no penetration in my situation. The seventeen year old ex-relative lay on top of me (while I was seven years old), with both his and my underwear off, but did not penetrate me. So I do not have physical proof.
I told my Mom about it immediately after it happened, and she told my Dad. So I have their words to back me up (although they did not witness it).
I have also discussed it with my psychologist whom I see. She can maybe give her word that she has evaluated that I am telling the truth.
I think that I may have evidence to prove that the molester has performed perverted acts in the past. The ones that I and others know of are peeping into bathrooms. So I can maybe bring in those people he peeped in on to testify.
The molester has also been spoiled and violent. He has beaten up people, such as adults in the family (although I do not know whether those assaults were illegal). So I can prove that he was badly behaved.
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Re: Taking a Molestation Case to the Court

Postby bweb » Sun Dec 28, 2014 6:14 am

You do not need physical evidence to take it to court. However, be advised that your ability to do so will vary based on local laws.

For example, in Iowa, where my wife was molested, the law states that she had ten years from the day she turned 18 to file a criminal complaint with the court, and that date had long passed. If she had been abused here in Texas, there is no statute of limitations, according to RAINN.

So the questions would be, how old are you now, and what are your laws in the state pertaining to it. Also, because your abuser was a minor as well at the time of the incident, the juvenile courts may have jurisdiction, as well.

Also, making it difficult, is that your parents can testify what you told them, but since they did not see anything, it might fall under hearsay law, meaning if they didn't see or hear from the "ex-relative" themselves, their testimony might not be admissible. Again, all depends on local laws.

Wish there was more I could tell you, but the laws vary too widely to give definitive answers.
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Re: Taking a Molestation Case to the Court

Postby bweb » Fri Jan 09, 2015 6:10 pm

Have you made any headway in researching your local laws? There might be some online resources to look up.
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