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bluejeangal · Aug 8, 2008, 09:03 PM

what can I do about not being notified about a sexual misconduct of a minor court hearing that was being conducted against my husband?
He was messing with my daughter/granddaughter and was reported. He was sent before judge and sentenced to 2 yrs. Probation because me, daughter, doctor, etc were not notified of court date so we couldn't be there.
It is a misconduct of justice for my grand daughter as she still sees a doctor over it.
she is 9 yrs old and he was showing x rated movies, tocughing, oral sex, etc. w/o penatration.
Is there anything I can do about his not being charged with this awful offense. He plea bargained it down to endangerment of a minor and only got 2 years probation.
:mad:

Clough · Aug 8, 2008, 11:51 PM

The laws concerning these things will greatly depend on the location where they are happening because the laws will vary from place to place. So, it would help others to answer you the best here if you could let us know the location where this is taking place.

Thanks!

twinkiedooter · Aug 9, 2008, 05:44 AM

There is nothing that you can do now after the fact as he entered a plea to get a reduced sentence. You did not have to be informed of the court date. Your husband should have had you listed as a witness on his behalf but apparently the attorney chose not to have you present for whatever reason they chose.

Fr_Chuck · Aug 9, 2008, 06:20 AM

In a plea bargain there is no trial and there is no chance for you or anyone else to tell the court anything, So no on a plea agreement you are not notified.

What he did, was his lawyer and the DA agreed to what would happen, and he just appeared before the judge for this to be done.

So there is really nothing you can do at this point and even before little that can be done since the DA has the right to make plea deals.
*** most cases are done though deals, only a small amount of crimes actually go to trial.

bluejeangal · Aug 9, 2008, 07:04 AM

But we would have been for the prosecutor. He did this offense against my grand daughter/daughter while I was in hospital with son who was in coma.
This happened in Missouri and my dughter who is 9 can't understand why adults can lie and don't get in trouble and if children lie, they get in lots of trouble.
He had been grooming her for sexual activity since she was 6yrs old. Why were we not contacted so she could tell the judge just what all happened to her.
She couldn't take it any more and told me. I kicked him out and went to police. He is a violent man when things don't go his way and he threatened her.
It isn't justice for her.

progunr · Aug 9, 2008, 07:54 AM

While you may not be pleased with the outcome, it was out of your hands when the prosecution agreed to a plea.

No trial, no testimony, only the facts as recorded in the investigation, and a deal made between his lawyer and the state.

It happens all the time, unfortunately.

I don't know, having never been in your situation, but I think I would be glad that my 9 year old didn't have to go through a trial, and testimony, and cross examination.

No matter how strong you think she is, what happened is bad enough, to have to see her re-live everything, in horrible graphic detail, and to be hammered by an aggressive defense attorney, could not have done her any good and would have been a huge price to pay, for a little stronger punishment of the abuser.

excon · Aug 9, 2008, 07:59 AM

Hello blue:

You need to listen to what you're being told. We're not here just to see ourselves in print. The Padre told you what the deal is. He's right, of course.

The prosecutor doesn't need your help. He decided to let your husband plead guilty. There's nothing you could have said to him that you already didn't say. As a matter of fact, you wouldn't have been allowed to say anything in court if you had been there.

Besides, him being punished won't do anything for her. As a matter of fact, if you rely on what the prosecutor or the prison system does to help her recover, you're barking up the wrong tree. Vengeance doesn't help anyone recover.

excon

bluejeangal · Aug 9, 2008, 08:40 AM

Thank you for your advice.

At least you guys helped me to have a clear mind on this. His parents have lots of money, and I felt they had done something so he wouldn't have this one record.

I sincerely thank all of you, as now I feel I have done all I could/can do. She is seeing mental health doctor and has come a long way, I just wanted to make sure that I couldn't have done something more and later have her turn her against me for not doing something and feeling quilty .

Thank you , thank you thank you... releaved!

As he can't have contact with anyone 17 yrs or younger/ and she will NOT have to ever face him again and I have done what I could and will continue to what is BEST for her YOU have all put my weary heart to rest.
THANK YOU FROM THE BOTTOM OF MY HEART.

twinkiedooter · Aug 9, 2008, 11:58 AM

Blue - I am sorry that she had this happen to her but I am glad that this was stopped in time before the really lasting physical damage could have been inflicted on her. Child abuse of that sort by a relative is quite common from what I have read. Hopefully, she will not remember much of this in a few years. Best never to bring this up to her, but if she wants to talk about it, by all means listen to her and try to be reassuring and loving. She just needs to know that adults that do wrong things are punished differently than children.