How to Press Charges for Child Molestation

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1Helping the Child

2Reporting the Abuse

3Getting an Order of Protection

4Filing a Civil Lawsuit

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Children who have been abused or molested by adults need a lot of help to ensure that they are kept safe and secure and that their abusers are brought to justice – they cannot do it on their own. As a practical matter, prosecutors have fairly broad discretion in deciding what cases to pursue and whether to press charges against someone for violating a criminal law. However, there is a lot you can do both to protect the child and to cooperate with law enforcement and the state's attorneys.

Steps

Part 1

Part 1 of 4:

Helping the Child

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   Make sure the child is safe. If a child informs you that he or she is being abused, do everything you can to ensure that child's safety.

   • Often, the abuser is not a stranger, but someone the family knows – so it's important to keep the child away from that person.
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   Contact a professional. Rather than attempting to talk to the child yourself, find a child psychologist or other counselor who has experience working with children who have been sexually abused.

   • The negative effects of abuse and a child's disclosure of abuse affect not just the child, but the entire family. Consider also finding a family support group to provide support and resources for other members of the family.
   • Keep in mind that although the child may work through the initial psychological issues and mental trauma connected to the abuse, he or she may have problems later on and need to return to counseling.
   • A neutral professional knows how to talk to the child and not ask leading questions. Even though you may be curious about the details of the incident, you should avoid asking questions that could later be construed as "coaching" the child to make accusations against the abuser.
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   Find resources in your area. Many areas have counseling centers and support groups for children who have been sexually abused and their families.

   • Some states such as Maryland have child advocacy centers that are designed to decrease the number of interactions child victims have with case workers, lawyers, and police officers, and how many times they're interviewed.
   • Staff in centers such as these have specialized training and know how to work with child sexual abuse victims.
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   Listen to the child. Make it clear to the child that you are always there to listen if he or she needs to talk to someone.

   • Children may talk about sexual abuse indirectly, or hint about the activity, rather than talking about it directly. As a trusted adult, you must pay attention and listen closely to what they have to say and get to the root of the concerns they have.
   • Keep in mind that children may retract their initial statements, or try to smooth things over, particularly if they can see other people in the family being upset or stressed by their revelations.
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   Get the child medically examined and tested. As soon as possible after you learn about the abuse, make the appropriate doctor's appointments to make sure the child hasn't suffered any further injuries or acquired any sexually-transmitted diseases.
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Part 2

Part 2 of 4:

Reporting the Abuse

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   Call the police. If you have the identity of the person who abused the child, call the police as soon as possible and file a report.

   • Since most children don't disclose sexual abuse immediately after it happens, you must report as soon as possible to preserve the full effect of the law. If you wait too long, it may be too late to press criminal charges.
   • While some states such as Connecticut and Florida have no statute of limitations for the sexual assault or molestation of a child, in others you only have a few years after the abuse takes place to have criminal charges filed.
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   Call your state's child services department. Every state has a department, usually called the Department of Social Services or Child Protective Services, that deals with the health and welfare of children.

   • Child Protective Services may launch an investigation on behalf of the child, particularly if the person accused of abuse was one of the child's caretakers.
   • Your state may have different terms for child molestation depending on the adult who was abusing or exploiting the child. For example, "sexual abuse" may refer only to abuse by a parent or other family member, not another adult such as a coach or a teacher.
   • State child services typically won't get involved unless a parent or family member of the child is accused of the abuse.
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   Cooperate in the state or criminal investigation. Be prepared to provide whatever assistance or information any officers or agents may require to complete their investigations.

   • Criminal charges are brought by prosecuting attorneys on behalf of the state – the child victim is a witness to the prosecution rather than a party in the case.
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   Prepare the child for the court process. If the prosecutor files charges, help the child understand and feel more comfortable with the trial process.

   • If the abuser is charged criminally, he may be released on bail after arraignment. Typically, his release will come with a condition that he must stay away from the child victim.
   • The prosecutor also may engage in plea bargaining with the defendant. While the victim's wishes may be taken into consideration, a plea bargain ultimately is the choice of the prosecutor.
   • Keep in mind that there are a lot of legal issues wrapped up in the burden of proof that can make a case far more complex than it may seem to you. Whether to file charges or to plea bargain with the defendant is a legal issue best decided by the prosecuting attorney.
   • If presence in the courtroom with the abuser would be too harmful or upsetting to the child, the prosecutor may be able to make arrangements for the child to testify in another room and appear int he courtroom via closed circuit television.
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   Follow up with the police or the prosecutor as necessary. As the case proceeds, you can keep tabs on its progress by calling the prosecutor's office.

   • Keep in mind that neither you nor the child is required to speak with the prosecuting attorney, to testify at trial, or to speak with the defendant or the defendant's attorneys. If at any point you feel the process is too stressful or too damaging for the child, you can pull away.
   • If you or the child have mental health or other records that you'd prefer to keep confidential, alert the prosecutor to this as soon as possible. Remember that you don't have attorney-client privilege regarding anything you share with the prosecutor because the prosecutor is not your attorney.
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   Register with VINE. If the abuser is convicted and incarcerated, you can register with the Victim Information Notification Everyday network, a nationwide service that allows victims to receive status updates when the offender is transferred or released.

   • If the abuser is required to register with the sex offender registry, you also can track his location after he is released from prison using the registry.
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Part 3

Part 3 of 4:

Getting an Order of Protection

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   Fill out the appropriate form. Each county court has a form you can fill out to request an order of protection from the court.

   • The form will list the names and contact information of both the victim and the abuser, and include details about the abuse that took place.
   • Typically you will fill out the form under oath. Answer all questions asked on the form as truthfully and completely as possible.
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   File the form with the clerk of court. Usually there is no filing fee to file a petition for an order of protection.
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   Talk to the judge, if necessary. Typically a judge will review a request for an order of protection immediately or within 24 hours of filing.

   • The judge reviews your request form and determines if there is probable cause to believe that the acts described occurred, and a protective order is required to keep similar acts from happening again.
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   Have the temporary order served. The judge's initial order is temporary and only lasts until the date of the hearing to decide whether to enter a more long-term order.
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   Attend the hearing to make the temporary order more permanent. If you don't attend the hearing for the order of protection you requested, no order will be issued.

   • If the abuser contests the order, you and the victim must appear in court on the date of your hearing and testify regarding the events that occurred and the necessity of having a protective order.
   • If the judge grants the protective order, the abuser is restrained from coming within a certain distance of the victim, and typically also cannot come near the victim's home, school, or other locations the victim frequents such as a church or after-school program the victim-child attends.
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   Follow up to renew the order as necessary. Even so-called permanent restraining orders or protective orders don't last forever, but must be renewed every few years.

   • For example, a domestic violence protective order in California must be renewed every three years.
   • The process for renewal typically requires the child-victim to state under oath to the court that he or she is still afraid of the perpetrator.
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Part 4

Part 4 of 4:

Filing a Civil Lawsuit

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   Consider consulting an attorney. Civil cases can be complex, especially if there is a criminal case going on at the same time.

   • Especially given the subject matter, having a neutral professional to help guide you through the process can be instrumental in alleviating unnecessary stress and frustration.
   • An attorney experienced in fighting child sexual abuse also can point you to other resources and assistance in your area for both you and your child.
   • In addition to the abuser himself, you also may have possible cases against businesses or other organizations. For example, if the abuser was a coach at your child's school, you may be able to sue the school for employing the abuser and failing to protect your child from harm. An attorney will be able to tell you what potential claims you may have, and strategize with you as to which cases would be in the best interests of the child-victim to file.
   • If you don't think you can afford an attorney, reach out to staff at sexual abuse shelters or counseling centers to learn of attorneys near you who are willing to work for free or reduced fees to fight for child molestation victims.
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   Determine whether you're eligible to file a lawsuit. Before you can file a lawsuit, you must make sure the statute of limitations has not expired.

   • Although some states extend the statute of limitations for minors, in general you only have between one and three years to file a personal injury lawsuit in civil court on behalf of your child.
   • Lawsuits against government entities such as a public school may have an even shorter statute of limitations.
   • Generally, you must be either the child's parent or the child's legal guardian to file a lawsuit in that child's behalf.
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   Draft your complaint. To initiate a civil lawsuit, you must draft a complaint describing the harm suffered by you or the child-victim, and why the defendant is liable for that harm.

   • Harm you can include in a civil complaint may include costs for medical treatment or therapy and damages for emotional distress.
   • If you've hired an attorney, your attorney probably will have several meetings with you to prepare for drafting the complaint. You may be asked to fill out a questionnaire with basic information about your claim.
   • If you're drafting your complaint on your own, check with the clerk's office, a self-help center, or a sexual abuse or domestic violence shelter to find out if forms are available that you can use to help you draft your complaint.
   • Contact the clerk's office before you file and find out if there are any other forms such as a cover sheet that you must include with your complaint.
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   File your complaint. After you've drafted your complaint, you must file it with the clerk of the appropriate court.

   • To file your complaint, you typically must pay filing fees of between $100 and $200 to initiate a civil lawsuit. If you cannot afford to pay these filing fees, you can apply for a waiver.
   • You must make copies of the documents you file so that you have copies for your own records as well as for the defendant. The clerk will keep your originals for the court files when you submit your documents to the court.
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   Have the other side served. The defendant must have notice that you have filed a lawsuit against him.

   • You may need to get a sheriff's deputy or a private processing service to deliver a copy of your complaint and a summons to appear in court directly to the defendant. In some states, you also can complete service by sending your documents using certified mail. You must pay a fee to complete service of process.
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   Gather documents and information. Medical records and statements from witnesses, including the child, will be important evidence in your civil case.
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   Participate in discovery. Before the court holds a civil trial, the parties exchange information through the pre-trial discovery process.

   • The defendant or the defendant's attorney may request documents or information such as pediatric records, educational history, and journals or diaries, that you would rather not share with the abuser. Make sure you're okay with sharing these sorts of things before you file your complaint and initiate the lawsuit.
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   Attend mediation. The courts may require you to attend mediation and attempt to arrive at a settlement of your case before trial.

   • Mediation provides a less confrontational, more informal environment to reach a settlement on your claims against the defendant.
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   Prepare for trial. If you cannot reach a settlement, the defendant's liability will be decided by a judge or jury.

   • Civil trials have a lesser standard of proof than criminal trials. Whereas a crime must be proven beyond a reasonable doubt, civil cases must be proven only by a preponderance of the evidence, which generally means that it is more likely than not the defendant committed the act you've alleged and is liable for the harm.
   • Civil courts cannot send the defendant to jail or order him to attend therapy.
   • You may choose to have a bench trial with only a judge, or to have a trial in front of a jury. The defendant also may request a jury trial.
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