Ferndale, MI asked in Family Law and Criminal Law for Michigan

Q: A girl 10 discloses to mother sexual touching by father no criminal charges is this a confirmed case of sex abuse

Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only assume that the police have not found or believed the disclosure to be credible enough to forward to the prosecutor for charges; or the prosecutor does not believe it's a strong enough case to take to trial. If either is the case, then I would imagine the family court having difficulty taking action as the defense attorney presents.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.