What need's to be done legally in a sexual abuse case of a 5 yr old boy????
1. doctor confirmed tear in rectum 2.police and detective on case.3.hospital screwed up by not giving child exam.4.dcfs questioned child and stated that child was sexully abused 5. psych. also state's child was sexually molested 6. school counselor also state's child was molested. 6. i payed 1000 dollar's to lawyer to get case started in nov. 2006 i call lawyer's office he doesn't anwser his phone , i leave messages he doesn't return my call's. i 'm desperate where do i go from here
Answer:
i'm not really sure what you are trying to do -- if you are trying to prosecute someone for a crime, this is not your decision. The decision to prosecute lies with the prosecutor -- so-called prosecutorial discretion. You can call local law enforcement if they have not been informed or you can call the prosecutor if law enforcement has been notified already. If DCFS has been notified, you should probably follow up with them and see what the status of things is. However, in the end, the decision to prosecute or not will be out of your control.
This sound so strange, I work in child protection law and if all these things were done and found the child was sexually abuse the person should have been arrested.
Contact the district attornies office in your county and talk to the lead pros. Find out where the case is at, at this time. Also contact the law officer who was/is investigating the allegations ask here what is going on in this case.
If you are the parent you have the right to get a copy of the police report, look at it and find out what is says.
If the police do not return your call/messages in a timely manner (give a few days if leaving a message be very clear on what case, and what you are wanting to know) then return the call and leave another message saying you would again like a call back and give them a set date (like 2-4 days out) that if you have not heard back then you will call the 'sheriff/sgt/or luit' generally that will at least get you a call back. Not sure why you have an attorney working on this case.
The child should/will have a victim/witness coordinator threw the DA's office. Contact that person as well they will be a huge help with resorces.
Good luck
There could be a few things holding this up.
1. Law enforcment could still be investigating the allegations
2. Maybe the DA's office has not received the police report.
