Two Year Old Sexually Abused by Step-Father

[AG20]

My question involves child abuse or neglect in the State of: Michigan

My two year old son was sexually abused by my step-father. There was enough evidence to arrest him, but not enough to charge him. When my son's forensic interview was scheduled I was told I was lucky because they usually do not interview children under 3 years of age. Needless to say, my son would not let me leave the room so they were unable to conduct the interview. The prosecutor would not reschedule. I was told they were taking a chance on him anyway. So now, I'm crazy, he's free, and my son continues to make comments about what happened to him, but, we have no justice.

My aunt told me that these cases are open for six months. Is this true. And if so, why would they not reschedule my child another interview.

Thank you.

[aardvarc]

The statute of limitations (how long the case can be "open") can be years for cases like this. For whatever reason, the prosecutor may feel that the physical evidence alone is inadequate to get a conviction without supporting testimony from experts who have successfully interviewed the victim, your son. Very young children can be the most difficult to work with on a criminal case - both because they tend to cling to parents and be understandably resistant to strangers, and because like adults, their memories don't tend to improve over time - so it is not common for them to attempt such interviews. If there's some reason to think that a rescheduled interview would have different results, the prosecutor could certainly reschedule - but every day that goes by makes that less likely. You can certainly ask the prosecutor if they're planning to try again.

[cdwjava]

These cases are VERY difficult to prove when there are no witnesses and no forensic evidence. Obviously I do not know what the nature of the probable cause was that justified the arrest, but clearly it is not seen as sufficient to sway a jury at trial.

Therapy for your family and for your child might be a good idea.