Victim of Molestation by Another Minor

How dare you! Really? What is not being honest? He was caught red handed by other neighbors. And he is disabled but he is high functioning, and I work hard and love paycheck to paycheck, I have no money at all to movr because I used all y savings to get the place we are in now, we havent been a year. And there is absolutely no compassion for my child or my family example of this the last two disgusting comments. I hope you never go through what we are, because no one deserves to know how heart breaking it is.

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Quoting nfeidner

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My boyfriend was watching him

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But apparently wasn't watching when the 12 year old took him out of the yard, and during the time it took for the 12 year old to molest him. That's NOT a 5 minute lapse. That's long enough for a 4 year old to befall all sorts of problems, from a dog attack to roaming in front of a car. Hence my question about who was supposed to be supervising the child, and whether child protective services was involved.

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and no cps is not involved because we did not know the 12 yr old would come into our yard and take my 4 yr old to his yard and do this to him in broad day light.

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As noted, all sorts of things can happen to an unsupervised 4 year old in broad daylight - not all of which involve another person.

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So my son is a prisoner in his own home, he has to live close by to his rapist?

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He's not a prisoner. But he DOES need to be better supervised - molester next door or not. Does he HAVE to live next door? Absolutely not. But he and his family can't be forced to move, if that's what you're asking. COULD the management refuse to renew their lease? Absolutely. WILL they do so? No way to know, and no way to force them to do so.

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We cant ask for him to be institutionalize or for the trailer park to evict them?

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You can certainly ask. They are not required to comply.

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I could careless what happened to the 12 yr old in the pass, it does not give him the right to touch my son and ruin his life, can we sue his parent to pay to have our home moved to another lot?

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You can sue, but you won't win. The parents didn't do it, and unless the child has some documented history of such acts in the past, the parents could no more predict the events than you could.

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Anything to make this easier on us? We have to see him every day.

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You really need to be in contact with your local victim services office. You can find the office for your county here:

http://www.ovs.ny.gov/HelpforCrimeVi...eaProgram.aspx

They may be able to provide guidance on what assistance might be available to cover expenses such as medical expenses incurred, counseling (which your son NEEDS to be in), and whether or not any relocation assistance is available. However, realistically, they're not likely to pay to simply move you to another lot in the park which is walking distance for the perpetrator. To a completely different park, maybe.

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Were is the justice and the rights for the victim?

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As in all states, NY has statutory provisions for victim rights, and even has special rights concerning children. Almost ALL of these concern how and when the victim gets a voice in the criminal prosecution, how they get interviewed, how they give their testimony, the extent to which they are exposed to the perpetrator during the court proceedings, the ability to access crime victim compensation, the right to notification of proceedings, the right to submit a victim impact statement before sentencing (which you would be able to submit in behalf of your son), the right to request HIV testing in sex-related offenses, the right to rape kit testing free to the victim, and sex offender notification status if there's a conviction.

As you can see, the majority of victim rights come into play in two areas: in the prosecution of the offender (which is just getting started, and it's not a fast process), and in potential for crime victim compensation. The way to exercise both branches of rights is to contact a victim advocate in your local office.

Beg or borrow, don't steal, the money needed to re-locate if you are that concerned. If management is willing to allow you to move without any penalty, I don't see how expensive it can be move what I'm guessing is a mobile home to another lot. It can be done. Knock out any unnecessary expenses.

Even a high-functioning disabled person does not necessarily have the right frame of mind/reference to understand their actions. Victims of abuse often have a skewed view of sexual mores as a result of their abuse, especially children who never had a proper idea of those mores to begin. True, some do know what they are doing is wrong when they become predators themselves but even then it is can be an issue of emotional/psychological damage done by their abusers. Children are often not prosecuted for their crimes based on the fact that they are unable to properly distinguish right and wrong. That's perfectly normal children, not ones who are already disabled and possibly victims themselves.

I can asure you there was no time lapse, my child has aspergers and time is one of his "quirks" he knows the rules and will come to us if he does not see us in five minutes and as for us we have a time that goes off to tell us its been 5 minutes. There is no law about allowing your child to play in his or her own yard. We did not know th boys past and no one warned us, but when the cops came it was the first excuse his mother gave. And the 12 yr old was smart enough to wait for the checks and for the neighbors to be out of sight before doing anything. My child is receiving counseling, victims services is not helping us in any way. I make 9.43 an hour and support 4 people unless I rob a bank I have to wait until tax time for extra money.