It's now been nine days since my daughter (age 6) was assulted by the boy (age 12, going on 13 in July) across the street; at the time I was friends with the boys father, so my daughter would take her bike and ride it in front of their house since their side of the road had a paved side walk. She's been doing this for the past several months and had previously even enjoyed playing with the boy's sister (age 9).

It wasn't until I looked out my door to see my daughter running at break neck speed from the boy's sister (age 9) that I terminated my friendship with the father. While she was running I heard the girl yell "Don't tell your mom, he was just joking!!" while attempting to CATCH my daughter.

I've taken my daughter to the hospital.
I've called the police.
I've spoken with the CPS.
Took my daughter to the CAC.
Taken her to a crisis councler.

That little prick called Avrial (my daughter) into his house and into the bathroom, where he then barracaded the door and masterbated in front of her. Afterwards her threatened her with a can of Axe and a lighter before letting her leave the bathroom where she immeditly seen the boys sister BENT OVER LAUGHING from what she'd been through.

All orginizations (aside from the councler) has told me "nothing criminal happened".

What... the..! Can anyone explain this to me? Why are they telling me this when it's clearly criminal no matter how I look at it? I'm tired of hearing "Well the boy's only twelve, I doubt he even really knew what he was doing?".

No... No, my daughter is only six and now I have to explain things to her that should have been left unknown. I've had to hang tarps on my fence, park in front of my gate, and sometimes even go onto the proch to blare music so that those little brats and their father can't be seen or heard as they parade puppies into their yard to tie on their own fence to laugh at my daughters broken sobs.

I'm angry, why is there no justice?

My God. I'm so terribly sorry your daughter was assaulted in such a horrific way and that you are left to pick up the pieces. I highly suggest contacting a local attorney for your best legal options. It's possible these other people are giving you the run around if there is no "proof" of this happening but it might boil down to "he said - she said". This boy is obviously troubled as the rest of the family could be. This type of behavior cannot be ignored no matter what.
Good luck & God bless

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Originally Posted by LearningAsIGo

My God. I'm so terribly sorry your daughter was assaulted in such a horrific way and that you are left to pick up the pieces. I highly suggest contacting a local attorney for your best legal options. It's possible these other people are giving you the run around if there is no "proof" of this happening but it might boil down to "he said - she said". This boy is obviously troubled as the rest of the family could be. This type of behavior cannot be ignored no matter what.
Good luck & God bless

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Thank you, this is the step I'm taking now. It's very difficult because I just can't let my daughter seeing me be weak in any way right now; I've become thankful for our education system in providing me eight hours a day to be as frail as I want before turning back into happy mommy mode.

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Originally Posted by SealsTheDeal

Can anyone explain this to me?

All orginizations (aside from the councler) has told me "nothing criminal happened".

I'm angry, why is there no justice?!

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Hello S:

Sure, I can.

You ask about justice, but right off the top I'd have to ask how you KNOW that a crime occurred? On the one side, you've got the cops, CPS, whoever CAC is, and the hospital TELLING you that one didn't.

On the other hand, you've got a 6 year old telling you that one did.

Now, that's NOT to say a crime DIDN'T occur. It probably did. It's only to say that there's absolutely NO PROOF that one did. In order to get justice, you need PROOF. You ain't got any.

excon

If you are "blaring music" and "hanging tarps" you are the person who could ulimately be arrested. I trust the language you use here is not the language you use in the presence of your daughter?

Have you talked to an Attorney? I'd check into a civil lawsuit if there is nothing criminal (in your State) that happened. If the neighbors have homeowners insurance, so much the better.

Your daughter is outside sobbing about this? Has she seen a therapist or counsellor? Have you?

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Originally Posted by excon

Hello S:

Sure, I can.

You ask about justice, but right off the top I'd have to ask how you KNOW that a crime occurred? On the one side, you've got the cops, CPS, whoever CAC is, and the hospital TELLING you that one didn't.

On the other hand, you've got a 6 year old telling you that one did.

Now, that's NOT to say a crime DIDN'T occur. It probably did. It's only to say that there's absolutely NO PROOF that one did. In order to get justice, you need PROOF. You ain't got any.

excon

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If you can, then please do so.

So far the only thing you've said is the obvious; my desire for an investagation is going unheard; the only thing anyone's done is find out the 'he said, she said'...

My daughter is telling the truth, she's talking about things that no child would know about (how a penis can grow, that slimmy stuff comes out if you rub it enough, and much more).

As for proof, I have it in a bag. It's my daughter's clothes that she will not be wearing until I'm able to find out someone willing to get them tested before I do.

If it comes down to it, you haven't got the answers so I don't know why you're answering.

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Originally Posted by SealsTheDeal

If it comes down to it, you haven't got the answers so I don't know why you're answering.

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Hello again, S:

You asked where the justice was, and I told you. There are others here who told you where to get relief. It's civil court.

What I'm telling you, is that you don't have PROOF. Look. I HATE the cops. But, THEY don't think there's proof either. Certainly, you didn't HIDE her clothing from the cops. Now, it's possible that you have totally defective legal institutions where you live, and if that's so, you're NEVER going to GET them to investigate if they don't want to, and they don't.

So, that leaves civil court. That's all there is. That's all you got.

excon

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Originally Posted by SealsTheDeal

If it comes down to it, you haven't got the answers so I don't know why you're answering.

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Please don't even attempt to dictate who will answer your questions and in what manner (if you want people who agree with you, talk to your family) AND drop the attitude.

Everyone here has some involvement with the legal system. We aren't blowing smoke. So take your daughter's clothing to someone who will analyze the stains (or whatever). Pay for it yourself. Now you have evidence that someone ejaculated on your daughter's clothing.

How do you plan to legally get DNA from the perpetrator to check against your results?

How do children know what they know? Your daughter, I have no idea. Other people aren't careful where they keep their adult magazines, what their children watch on TV, what conversations children overhear, school yard conversations.

I've already told you legally what to do. Please stop arguing the moral/justice side of things. That's for a "relationship" or "mental health" board.

You still haven't answered how you have treated your daughter's emotional state, whether you and she have gone for counselling. What her Pediatrician has said? Why she's outside, in your yard, crying over this.

I was the victim of rape - this isn't my first rodeo.

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Originally Posted by SealsTheDeal

Thank you, this is the step I'm taking now. It's very difficult because I just can't let my daughter seeing me be weak in any way right now; I've become thankful for our education system in providing me eight hours a day to be as frail as I want before turning back into happy mommy mode.

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So - your daughter is upset, crying in your yard, you are falling apart - and you're grateful that you can ship her off to school for X hours a day for someone else to handle?

You need to talk to a professional.

You posted your question in the Criminal Law forum. Therefore, you will be given answers that conform to established law.

What I'm curious about is what happened when you went to the police and offered your daughter's clothing as evidence? It would seem to me that it is not unreasonable to expect them to test for the presence of semen. It is a fairly easy test. If the local police refused to do so, then contact the local prosecutor's office, the state Attorney General or even the FBI. Or hire your own forensics person to do the test.

Without evidence of semen on her clothes, you have no proof that would stand up in a court of law that this happened. I'm sorry, but the law exists to protect everyone. Innocent until PROVEN guilty is the cornerstone of our justice system.

As to whether anything criminal did not, in fact, happen, we can't know. Without a general locale, we don't know what the laws are. You may think this is sexual abuse, exposure, wrongful imprisonment but the laws are different for minors.

The likelihood of this boy ever being criminally prosecuted for this is extremely small. However, he needs to be taught this is not acceptable behavior and may need psychological counseling on his own. If you take the tactic that you want this kid in jail, you are going to be frustrated. However, if you take the tactic, that this boy needs help in learning what is funny and what isn't, you may get somewhere.

My sister's a social worker so I asked her - might as well take advantage of family connections.

Her advice is: take the child to a Psychologist or someone (accredited) who deals with sexual abuse. That person evaluates the child and writes a report. This may not happen overnight. That report is then submitted to the Police Department, whatever their special unit is called (often woman and child abuse, something like that) instead of an Officer sitting at the front desk.

Next step is testing the semen stain.

First let me tell you there will not be justice, even if, the boy went to court, he would go to Juv Court where he would be seen as a victim of society also. At best he would be given probation and make to see a counselor for behavior and anger issue.

I would have to read the sexual crime laws of your state but yes actually just masturbation be a child under a certain age or him exposing his self may not actually be a crime, since he did not penetrate her. Many sex crimes deal with ages of victims and suspects, the reason it is rape for a 19 year old to have sex with a 14 year old, but it may not be for a two 15 year olds to have sex.

So don't expect "justice" the legal system is not about Justice it is about law, exactly how each law is written, what has been the case law on a law

First of all give the mom a break!! Perhaps she is still dealing with the shock of the situation. I was molestated as a child, I went to the police and no report was made. I was 12.

25 years later the perp who happened to be married to my mother, then later divorced, remarried and made a baby and quess what. Now He had is own daughter to molest. I knew for years that the man was out there. You have a 12 year old boy doing very inapproprate things. A therapist once ask me "what did I gain from this experience?" I was furious, but I thought about it, my awareness was much more accute. I suggest that you find a way to talk with your daughter. Theropy that young, in my opioion, confused me more, I started at 6 years old as well. The last thing you want is your daughter becoming with age a propetual victom. It happens. Have you thought of talking to his parents? I agree with some of the comments, be very careful what she may be watching on TV, especially now that this act took place. You can find some books to help you talk with your daughter that is age appropriate. I discovered with my own daughter who is now 7, she was caught masterbating at school!! I freaked out, I thought the worse. I later discovered through discussing with doctors and reading about child development that some children do acts like that because of discovery and curiousity. I think the 12 year old obviously has issues. Btw my perb finnally got arrested, spent only 10 mounths in jail. Our judicial system is incentive regarding these types of acts. My suggestion work with daughter, let her know its not her fault and keep a very close eye on her. Things like this happen in a flash... Try not to let your anger stand in the way. Hopefully in time she will not have any memory of this. Unfortuately that wasn't the case for me. Now you are aware... I wish you the best

I understand your anger. I think you pretty much repeated what everyone else said. The OP DID say she terminated her friendship with the father, so I'm guessing they are aware. I always respect the opinion of someone who has actually had the experience.

What does "Our judical system is incentive regarding these types of acts" mean?

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Originally Posted by JudyKayTee

I understand your anger. I think you pretty much repeated what everyone else said. The OP DID say she terminated her friendship with the father, so I'm guessing they are aware. I always respect the opinion of someone who has actually had the experience.

What does "Our judical system is incentive regarding these types of acts" mean?

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I think what was meant was insensitive. But I have to disagree. Pedophiles and child molesters are not tolerated. If you think he received a light sentence it may be because of factors you may not be aware of.