Heart broken

[heart broken]

What is the name of your state (only U.S. law)?FLORIDA.....Hi I am a heart broken mother, to make a long story short I was in a domestic violence situation for about four years finally got out of it IN 2008 with a permanent injunction given, but it was just brought to my attention by my daughter who is now 12yrs old, that when my boyfriend resided in my home he sexually assaulted her and she was between 7/8 yrs old the case is still in process and the state attorney has yet to issue a warrant or anything, she states these cases is hard to prove, so this man has yet to even be questioned. I did apply for a permanent injunction on her behalf and was awarded that, but so far nothing else is being done, I was informed by some advisers that I should go after this man civilly, I want to know is this possible, do I have a case. What else can I do..

 

[OHRoadwarrior]

Not much. Your only evidence is the belated memory and testimony of someone who was too young to be legally competent at the time and now would stand to profit from memories that you might have influenced.

 

[Ladyback1]

What else can I do..

Make sure that your child and YOU receive some sort of counseling.

It would be great if all sexual predators received punishments that fit the crime; however, it doesn't always happen.
Furthermore, I'm not sure that a personal injury type lawsuit would make you feel any better--and it certainly isn't going to be easy for you AND your daughter. An exercise in futility would be to sue him for XX dollars, win the lawsuit only to remember/realize that he doesn't have any money. It would be a very shallow victory.

 

[stealth2]

What is the name of your state (only U.S. law)?FLORIDA.....Hi I am a heart broken mother, to make a long story short I was in a domestic violence situation for about four years finally got out of it IN 2008 with a permanent injunction given, but it was just brought to my attention by my daughter who is now 12yrs old, that when my boyfriend resided in my home he sexually assaulted her and she was between 7/8 yrs old the case is still in process and the state attorney has yet to issue a warrant or anything, she states these cases is hard to prove, so this man has yet to even be questioned. I did apply for a permanent injunction on her behalf and was awarded that, but so far nothing else is being done, I was informed by some advisers that I should go after this man civilly, I want to know is this possible, do I have a case. What else can I do..

The problem you have is proof. If the authorities can't get enough to file criminal charges, you likely don't have enough for a civil case.

Your best bet at this point is to make sure that your daughter gets counseling (and you, too) so she canlearn to deal with what happewnned and build a good life for herself, with an ability to form appropriate relationships.

 

[Ohiogal]

What is the name of your state (only U.S. law)?FLORIDA.....Hi I am a heart broken mother, to make a long story short I was in a domestic violence situation for about four years finally got out of it IN 2008 with a permanent injunction given, but it was just brought to my attention by my daughter who is now 12yrs old, that when my boyfriend resided in my home he sexually assaulted her and she was between 7/8 yrs old the case is still in process and the state attorney has yet to issue a warrant or anything, she states these cases is hard to prove, so this man has yet to even be questioned. I did apply for a permanent injunction on her behalf and was awarded that, but so far nothing else is being done, I was informed by some advisers that I should go after this man civilly, I want to know is this possible, do I have a case. What else can I do..

If you sue this man civilly your daughter would be forced to be questioned in court by at least two attorneys. If he is indicted, your daughter would also be subjected to testifying in open court regarding what she says happened and her words would be picked apart. That may prove very traumatic to her. How long has she been in counseling or therapy for this issue?

 

[heart broken]

Not much. Your only evidence is the belated memory and testimony of someone who was too young to be legally competent at the time and now would stand to profit from memories that you might have influenced.

my daughter is the on telling what happened to her, her words, and as far as me influence her, the state attorney and detective knows way more than what I do and her counselor, I have yet to every question about the situation, we don't talk about it at all, but I do tell her she is safe now and I continue to show that I am here for her, now regardless, when something bad happens to you as a child regardless of what you remember that mess.... I'm quite sure you can remember things that has happened to you when you was around 7/8 that was bad or good, but either way it go if it made an impact on your life you will remember it**************.....

 

[Eekamouse]

my daughter is the on telling what happened to her, her words, and as far as me influence her, the state attorney and detective knows way more than what I do and her counselor, I have yet to every question about the situation, we don't talk about it at all, but I do tell her she is safe now and I continue to show that I am here for her, now regardless, when something bad happens to you as a child regardless of what you remember that mess.... I'm quite sure you can remember things that has happened to you when you was around 7/8 that was bad or good, but either way it go if it made an impact on your life you will remember it**************.....

Are there words missing from your post because what you've written does not make much sense. How long has she been in counselling? When did she tell you she wants to go after the man civilly and is willing to testify in court about it? If you haven't discussed any of it with her, why do you think she'd be able to handle telling a courtroom about it?