Can I get an opionion on child molestion?

Question

A friend of mines father is being accussed of child molestation and he's innocent. If all the information they have on him is what the child is saying and no evidence what so ever showing that it happend how far will it go..will be go to jail...how much time would he serve.

Answer 1

Understand, Tabitha, that once a prosecutor gets ahold of a case like this, his quest -- regardless of what exculpatory evidence he has to the contrary -- is to win, and to win at virtually all costs. It's an unfortunate thing that in this country an innocent man can be charged, convicted and sentenced with no concrete evidence other than the exaggerated claims of a child.



The prosecutor will be looking to exert pressure on your friend however he can. He would love to have the bail held as high as possible, even though your friend might not even be a flight risk. If the prosecutor can keep him in jail awaiting trial, wolf packs of inmates will exact their own brand of street justice on the "molester." No inmate will believe your friend; in fact your friend's constant insistence on his innocence will just act to inflame his fellow inmates to do further violence. And the prosecutor knows this and is counting on your friend to plead guilty to anything just to stop the torment. That's all the prosecutor wants: a conviction. And he'll get it anyway he can.



I can't tell you what the sentencing guidelines are for what your friend's facing, but whatever it is, it will be HARD time either way.

Answer 2

Once a child says their father has molested them, the law makes it hard for the child to take it back; meaning the child will get in trouble so even if it is not true, it is too late for the child to tell the truth to authorities without getting in some kind of serious trouble. So assuming that this father gets convicted, then he'll serve about 10 years depending on what the child claims happens. For example if the father is accused of full on sex with his child he could serve a long time whereas for less than that, such as touching or kissing, the father may serve far less time.

Answer 3

This situation depends on a variety of issues.



First off, testimony from a child has been demonstrated over the years to be unreliable. While children don't intend to lie, they seem to fabricate or over dramatize their accounts.



I doubt that testimony alone with not corroborating evidence from a child will result in a conviction. But, consider these issues:



How old is the child?

How much access does this friend have to the child?

Have the guardians of the child filed charges? Will they?

How detailed is the account from the child?



There are still many more issues here, and I'm by no means a legal expert, but one account from a child (especially a young child) should not result in a conviction. However, please understand that this account may open the door for further investigation and collection of evidence. Any prosecutor worth their salt will investigate as much as they can before filing for an indictment.

Answer 4

If he goes to jail and for how long depends on lots of things. The state that he lives in and the age of the child are major factors. How many times it happened play a part too. There was no physical evidence in a lot of these cases. The children don't report it in time, or the perp doesn't leave any fluids. If the child has a lot of information and is capable of testifying then your friend's dad will go to jail for about 30 years in most cases.

Answer 5

The child's accusation is enough to put him behind bars, even without corroborating evidence. All that needs to happen is for the right people to believe the child over the alleged molester.



** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Answer 6

And just how do YOU "know" the father is innocent?



If you have actual evidence, then you should make it available to the father's defense team and be prepared to testify.



I don't know one way or the other, but you are asking us to not believe the child who was there and instead take your word, when you are just connected (how - you didn't say - to the victim, the victim's sibling?) by a "friendship" connection.



In court, that is going to be a strenuous leap to make without actual evidence. Look up "hearsay" on wikipedia for why that is.

Answer 7

It's time to get an attorney.



Because in America's Current Witch Hunt (child molestation) rights are getting trampled left and right, I'd give your friend's father a snowball's chance in Heck of getting justice.



After all, who wants to be recognised for helping out a child molester? In America, when it comes to Child Molestation, you're Guilty DESPITE any evidence of your innocence.

Answer 8

He will go to jail, for minimal 3 months even if he is not accused as guilty for molesting, there is still abuse and trauma. From the judges point of view, if a child is so unhappy as to say this, the father must play some role in the insecureness/unhappiness.

Answer 9

depends on how much she seems to convince the court of.

There is all types of sexual things that is against the law that we wouldnt think of.So this is hard to answer

no way to truely know