False Accusation of Sexual Assault Against a Child

My question involves criminal law for the state of: Texas

My son was recently accused of sexual assault from something that supposedly happened 2 years ago. I wont go into details, but there is no evidence or witnesses, only one childs word against my child, they were 10. Everyone is treating my son like he did this, they aren't even questioning whether they have the right child, let alone if the other kid is lying.

We have some fairly strong proof my son did not do this, but he is still being dragged through the mud, costing us tens of thousands of dollars to "prove" innocence and it may haunt him for the rest of his life. All because a child says he did something.

I don't know what to do. I have hired multiple lawyers, and they feel like we can win (stating it may be $30,000 before its over). It is still really hurting our family and we get nothing in return and the way the system works, they can leave me out of the loop completely, because when a child is involved, usually, the parents are a risk, so I feel so incredibly helpless.

My son is very innocent, and all they are doing is destroying his innocence to vindicate someone else's child, when no one is bothering to look at this case in any other way. Even the detectives I have spoke with always refer to my son as the perpetrator.

I feel like our only option is to ride this hell train to the end, but it wont get me out of horrendous debt or keep my son from being marked forever.

I keep waiting for this horrible nightmare to end...

I'm not sure what you want a message board to do. We can't walk you through the process, and we can only provide very general information.

Your situation is beyond the scope of a message board.

I'm sorry, and I'm sorry your family is going through this.

Is there not some group or system that I can contact that would help? My son is special needs.

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Quoting despfather

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My question involves criminal law for the state of: Texas

My son was recently accused of sexual assault from something that supposedly happened 2 years ago. I wont go into details, but there is no evidence or witnesses, only one childs word against my child, they were 10. Everyone is treating my son like he did this, they aren't even questioning whether they have the right child, let alone if the other kid is lying.

We have some fairly strong proof my son did not do this, but he is still being dragged through the mud, costing us tens of thousands of dollars to "prove" innocence and it may haunt him for the rest of his life. All because a child says he did something.

I don't know what to do. I have hired multiple lawyers, and they feel like we can win (stating it may be $30,000 before its over). It is still really hurting our family and we get nothing in return and the way the system works, they can leave me out of the loop completely, because when a child is involved, usually, the parents are a risk, so I feel so incredibly helpless.

My son is very innocent, and all they are doing is destroying his innocence to vindicate someone else's child, when no one is bothering to look at this case in any other way. Even the detectives I have spoke with always refer to my son as the perpetrator.

I feel like our only option is to ride this hell train to the end, but it wont get me out of horrendous debt or keep my son from being marked forever.

I keep waiting for this horrible nightmare to end...

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Is there a question in there?

You do realize that adults get falsely accused sometimes and they have to go through the same things your son is going through. Yes it sucks. It sucks that you have to spend money on legal fees to prove it but the police have to take every allegation of sexual assault seriously. They can't just pick and choose what they think is true. That's how things used to be done and a lot of people - mostly women - were not believed. So allegations have to be investigated. I'm surprised it's gotten as far as you said if it was 2 years ago and there is no physical evidence or witnesses.

You might want to Google your situation and put "message boards" or "forums" after it. I'm not sure there is a message board for this situation.

I don't understand. Is this being pursued criminally? What are you trying to do here? What, exactly, are you spending money on? Something that allegedly happened 2 years ago, when the children were 10, is only being exploded by these actions. Children, when they are that age are curious about one another's bodies and are sometimes complicit in helping one another learn. This isn't sexual, in fact, the sexualizing of these events is the fault of adults. While I realize that I'm putting this out there with no idea as to what happened this is an alternate narrative as to what happened, at 10, rather than one 10 year old sexually assaulting another. Alas, even if the above is what happened, you'll likely never know due to the money spent and the hardening of positions. After all, this was 2 years old when it came out, how reliable are children and their memories of events? How likely are they to change their story to match the narrative that parents put together and adopt the terms and phrases that parents use? Pretty often in my experience.

I'm having a hard time understanding this case. Two 10 year-olds, at least one special needs, and someone want to prosecute as sexual assault. Has your son been charged with a crime or is this just an allegation that the police are investigating? Because after reading the statute on sexual assault, there seems to be affirmative defenses for the charge in your situation. But since we don't know all the facts, we can't say anything is certain.

It was under investigation but now the ADA has decided to move forward with the case. We thought it would just disappear because it was really silly to us. It was dormant for nearly 8 months. I realize I didn't really ask a question, but what I was trying to figure out is what recourse do I have besides hiring lawyers? I feel really helpless.

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Quoting despfather

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It was under investigation but now the ADA has decided to move forward with the case. We thought it would just disappear because it was really silly to us. It was dormant for nearly 8 months. I realize I didn't really ask a question, but what I was trying to figure out is what recourse do I have besides hiring lawyers? I feel really helpless.

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It appears that your son has been charged with a very serious crime and it does seem to be highly unusual specially since your son is special needs. I'm just not sure we can help you much. Can you share the statute under which he's been charged? Maybe it will shed some light?

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Quoting despfather

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It was under investigation but now the ADA has decided to move forward with the case. .

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Does that mean that they are presenting to a Grand Jury or are they going to file charges and present in a preliminary hearing?

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Quoting despfather

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I was trying to figure out is what recourse do I have besides hiring lawyers? I feel really helpless.

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You have no choice. You need to hire an attorney before there is any hearing or presentment. An attorney can communicate with the ADA and try to head this off before the damage is done.

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Quoting budwad

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Does that mean that they are presenting to a Grand Jury or are they going to file charges and present in a preliminary hearing?

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We have received nothing yet, just a call to my lawyers from the ADA saying its moving forward.

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Quoting budwad

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You have no choice. You need to hire an attorney before there is any hearing or presentment. An attorney can communicate with the ADA and try to head this off before the damage is done.

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I have hired 2! I just meant, what else can I do in addition to this. I was hoping there was some support group for children/disabled but they are all geared to help victums and while I consider my son a victim no one else seems to.