You have to keep in mind that you are quite a bit removed from the core of this situation. I will assume that you have no evidence that you can provide of any particular incident of abuse. You, as an individual, can't get this prosecutor to that the case to trial: lacking personal testimony about the facts and not being a detective. I think that the well-intentioned AB'er above was not on-target by suggesting that you, a case outsider, become a detective on this case. I think he forgot how far removed you are from the center of the case. I believe that this might be good advice if you were the child's MOTHER. That way, at least you have access to the child, her toys and environs, etc. You...have access to nothing, and if you tried to investigate this, you might foul up some of the evidence that does exist.
I hate to say it, and you all are going to start thinking of me as a broken record, but: truly, we need more information on this situation before really good advice can be given.
As an outsider to this situation, you are not, in my humble opinion, the best person to help anyone. Only evidence can help if the molestation occurred.
Victims need support from friends and family. Making new friends at times like this might create a new layer of stress. You will always be a friend who relates back to a sexual felony. Instead of sharing a common joy of gardening or a book club, that will be what you two share in common. So, you would be a constant reminder of that time.
Also, we live in a country where trials, not magic or summary execution or judgment are the law of the land. If the prosecutor believes that the case is sketchy, you have to know that people who claim to have been molested, sometimes, for many reasons, have not been molested. Giving the prosecutor the benefit of the doubt (for just a moment, and for the sake of argument), the refusal to prosecute could be because he is doing his job and truly the case is week. And remember, A WEAK CASE COULD ALWAYS MEAN INNOCENCE. So the prosecutor might be refusing to file not just for the inconvenience of having a trial that is a 50/50 propositon, but because s/he geniuinely believes that this man is unlikely to have committed the crime, and hence should not have his reputation raked over the coals for no reason. Afterall, a 10 year old is old enough to be a pretty credible witness. If she is not credible enough to tip the prosecutor over into putting the trial in front of the jury, then maybe (since you are an outsider and you are not at the core of the situation) there is something extremely important about this set of facts THAT YOU DO NOT KNOW. Something important like: the victim told her teacher, her mother, and the police child-interviewer expert three different stories about what happened. If that is true: I myself would agree that this fellow should not have to stand trial for this.
On the other hand, there have been many instances of important men causing problems to go away with the wave of a hand and flash of the wallet. I watched the entire reinactment of the Michael Jackson trial, and I believe that he is one of those fellows. I think that his victim(s) have suffered at the hands of a wealthy offender + (in combination with) an entirely incompetent prosecution team. Even less-than- important men can luck out and have a incompetent, lazy or non-aggressive prosecutor. If your community believes that this is true, there are a lot of things that the COMMUNITY (not you as an individual far removed from the center of the case) can do. You can go up the ranks to the assistant prosecutor's boss, the chief prosecutor/ district attorney/ or County Prosecutor; up to his or her boss, the governor of the state or the county board (depending upon your jurisdiction); you can contact the press....
But keep in mind, unless you believe that your prosecutor has been unscrupulous, this might cause the opposite of justice to occur: a mob trial. The prosecutor then causes this trial to occur because of political pressure when they would let any other trial like this drop because of sketchy evidence.
In general, I believe that the American system of jurisprudence generally works better than any most other systems in the world. By causing the standard of conviction to be pretty high, people don't get lynched by mobs over sketchy evidence. But there are times that guilty men luck out and fall through the cracks. If you believe this is one of those times (as an outsider, I don't know how you could have come to this conclusion... but if you do) then get the community interested in making sure that no stone goes un-turned. Perhaps you can throw your weight behind asking that a town meeting occur. Information of this type is public information. That would allow the public to know WHY the prosecutor's office thinks that the case is hinky. It would be a win-win situation for both sides. The prosecutor would probably be relieved to have the community understand (if their position is the noble one based on evidence and not some back-room dealing) and the community might come to understand more about the case and agree that there is a lot of gray in this particular case.
Society convicts people. Indidividuals provide evidence and support to friends and family. Without more evidence, I am not sure that you, as an individual, have anything to provide this case. Your heart is obviously in the right place and I wish you well in all of your endeavors, but this case might be one of those lessons: we are not individually responsible for all things. The christians might say it this way: this is not your cross to bear.
Signed: a lawyer chick.
Comments
His daughter, who is now much older and married, is another one of his victims, but she's so screwed up by it that she actually bailed him out of jail. Is there any way to get him convicted without the daughter's testimony?
by Anonymous on December 26th, 2006
I'm emailing Zazzy (one of our members who is a lawyer) to see if she'll take a look at this, ok? It is possible, btw, that the daughter can be subpoenaed and treated as a hostile witness. I'm not sure if that will actually assist, though. She may lie.
by AntigoneRising on December 26th, 2006
Thank you AntigoneRising. I appreciate your help. It sickens me to think that his family may allow him to get away with this again. Thanks!
by Anonymous on December 26th, 2006
Anonymous, where does this person live, roughly? What state? There are a couple of people here, me included, who wouldn't exactly have a lot of angst over taking care of the problem ourselves. The only law that interests me when it comes to people who sexually abuse children is the law of physics that determines what happens to an abuser's head when a baseball bat slams into it in full swing. I'm not kidding.
by Jodie44 on January 27th, 2007
here here jodie44! i am well with you on this! i am experienced with this situation as we had a paedophile on the next street. notice i said had. he is now dead. not that i had any part of that but he shoved a hose pipe in his car and killed him self. lol
by my2kids on February 2nd, 2007
At least he did one decent thing.
by Jodie44 on February 2nd, 2007
most pedifiles know their wrong its like an addiction to them theyre just naturally drawn to younger partners. However if you dont find justice by way of law put me down for vigilante. my mother was molested and never got any justice at all. I know first hand what it does, and would love to extract justice even through unrelated means, if I went to jail for dropping a chimo it would send a clear message. nuff said.
by Mud on March 13th, 2009