My question involves criminal law for the state of: California
Background info: Married to my husband for almost 3 years. He has 2 children, I have 2 children (from a previous marriage) and we just had a baby together 2 weeks ago. We live in an extended family to help us out at the moment. We live with the mother of his children and her husband with all of the children.
In April the 12 year old sister of the mother of my husbands children stayed with us for a few nights. Her parents are horrible (several CPS cases, alcholics, ect) and are never home with them so she stayed at our house. On the anniversary of her sisters death she made accusations that my husband made her touch his genitals and previously went into the room where she was sleeping and pulled her pants down two days prior. My husband has denied these allegations completely. He said that he told her to go to bed because it was late and she refused and got mad and so he took the computer away and had to wrestle it away from her because she would not let it go. He said she then went to bed mad.
I do not believe any of her accusations. She has accused another guy of doing something to her, filed a police report, and then came out and said she was lying about it. I honestly believe that she is doing this for attention.
The police have taken their reports, CPS has interviewed all of our children this past week, the police have taken his DNA, the blankets from the bed she slept in, her clothing and did a female exam on her. I dont know if she is promiscuous or not but she is always talking about making out with her boyfriends, ect and the doctor who did the exam told her sister that something definately did happen to her. (Couldnt that have happened if she had sex with a boyfriend?) It is possible that his hair was on the blankets of the bed she was sleeping in because the blankets are in his childrens room which well he lives with and has been in their room quite often.
Husbands ex made him leave the house. He is staying at a friends house. She wont let him see his kids without her there and it is always at a park. This is technically our house because we signed the lease. The ex believes he is lying because "he said her name when he was talking to her" (her exact words). I mean what else is he supposed to call her other than her name?
Anyways we dont know what is going on. The police wont tell us anything, the DA hasn't returned any calls. It has almost been 2 months since she made these allegations. If convicted what sentencing could he get for alleged touching? He has been threatened by the girls dad that if he leaves his friends house he will be killed, ect. He is so scared to even go to the grocery store. I just dont know what to do. If he is convicted and has to register will he be allowed around his/my/our children?
Im scared and dont know what to think or do. Our children are hurting because their dad is gone (they dont know what is going on), im tired of everyone asking me if I am going to divorce him because he did this, ect. Please any advice would be appreciated.

