Q: CPS cleared my son of any sexual abuse case against his daughter. Can the DA press charges on him months later.
its been months and they have no new evidence for them to base their claims.
A: CPS is not a law enforcement agency and has no power to arrest. Prosecutors will file charges if they believe a child has been sexually assaulted. Once a complaint is made, CPS and law enforcement get involved. In Harris County, children who make an outcry of sexual abuse are referred to the Children's Assessment Center to be interviewed by a social worker (the interview is video recorded) and to be examined by a doctor. If the case involves a delayed outcry, meaning the alleged conduct is reported days, weeks, months or even years after it allegedly happened, there is likely no medical evidence of sexual abuse, which the doctor will report is expected in cases of delayed outcry because sexual organs heal quickly. In child sexual assault cases, police rely on the findings of the "experts" at the Children's Assessment Center to make charging decisions. Bottom line, in many child sexual assault cases the only evidence of the offense is the child's accusation. There are a lot of moving parts to these cases and you really should speak with an attorney with experience defending child sexual assault cases.
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