My question involves child abuse or neglect in the State of: IL i recently found out my daughter who is now 21 was molested at age 3 while she was in foster care . Is there any legal action we can take?
My question involves child abuse or neglect in the State of: IL i recently found out my daughter who is now 21 was molested at age 3 while she was in foster care . Is there any legal action we can take?
When, if ever, was this previously reported to protective services or legal authorities - and if it was not previously reported, why not?
My daughter has been having anger and emotional problems she just told me within the last few days, that the abuse is why. I don't understand why she never said anything until now.
You also have no proof she is telling the truth. It unlikely anything will be done at this late date.
She never said anything about this to anyone for eighteen years? She can make a report to protective services and law enforcement, but with her age at the time and the amount of time that has passed, unless she can produce some corroborating evidence (or by happenstance they are aware of some or they get lucky and get an easy confession) it is unlikely that they will be able to do much more than take the report.
If she's interested in pursuing a civil action, she should discuss her full recollection, any delay in her recollection, and other relevant facts with a personal injury lawyer who handles this type of case.
Concur, and I'll add that daughter's likely best bet would be some intensive therapy.
Thanks for the advice. We're looking into therapists now.
Without physical evidence or a credible and competent eyewitness, even a molestation of a 3 year old that occurred YESTERDAY is a problematic criminal case at best. 3 year olds lack the cognitive, memory, and linguistic skills to be witnesses in criminal cases. A case that occurred over a decade ago to a 3 year old, realistically, will never see the inside of either a civil or criminal courtroom. Not unless there was something like DNA evidence taken from the victim or from the crime scene (DNA being one of the very few exceptions to statute of limitations cases at the misdemeanor level in many states), or, as Mr. K noted, unless the perpetrator either confesses or may have made record of the event that comes to light or can be discovered.
Short of some solid irrefutable evidence like this, pursuing a case can often only add layers of trauma on the victim, who is then forced to tell, and re-tell, and tell again, and again, the minutia of details, to stranger after stranger, only to have either a prosecutor say they won't prosecute, or a jury to return a finding of "not guilty" due to lack of evidence. The legal process is not an easy one for victims of sexual abuse, whether adult or child, and a victim subjecting themselves to that process, with low probability for either a criminal conviction or a civil case victory, can be as traumatic and devistating as the abuse that started the whole thing.
Before an adult victim of childhood sexual abuse considers whether or not to attempt to bring either a civil or criminal case, they need to have a discussion with their therapist regarding what could be gained for the victim (not every victim wants to bring a case for the same reasons - some can be helpful, others can be very destructive), a realistic view of possible outcomes, and how prepared the victim may be for any of those outcomes. Even a civil lawsuit victory or a criminal conviction - or both - won't take away the problems, the nightmares, the flashbacks, the warped coping skills, the guilt, the anger, and everything else that has been brewing for all these many years. A very tiny number of victims find catharsis or healing for themselves from the legal process against the perpetrator. Justice, sometimes. Catharsis for loved ones, sometimes. Even revenge, sometimes. But the healing for the victim will be an intense INTERNAL process, one that will be largely the same regardless of whether everything or nothing happens to the perpetrator, and healthy progress for the victim will STILL have to come via activities regarding the self, via therapy.