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16 yr old accused of molesting 4 yr old

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What is the name of your state? Indiana

Hi, my son was accused of molesting the next door neighbor's daughter. I have several concerns of this matter if you can fathom this huge post I'll go into detail.

The mother of this 4 yr old called me one night asking me to come over alone. I did this, considering right up to that very day, we were the best of friends. She, along with her boyfriends mother and 6 kids are home. 5 of these kids were locked outside in the backyard. The mother proceeds to have the little girl "tell me what he did". She said my son "touched her where she pees" (I'm sorry for being graphic). I was blown away by this, since he has been babysitting for them for months. The mother then takes her upstairs pulls her panties down and attemps to show me redness and irritation on the vaginal area which, quite frankly, I didnt see. I went home and confronted my son and he of course denies it. I called the mother over to my house while she has another adult there to sit with the other children so she and I can sit and talk to my son together. He frankly told her that I'm a 16 yr old with hormones but I'm not a pervert (my child has ADHD and 2 yrs behind his peers educationally). She starts telling us how she was molested twice as a child (dont know why I needed to know this ). She stands up and says "well, you can't come over for awhile" and walks out the door.

About 2 hours later
By this point, I'm angry more than upset. I called her boyfriend (he was a truck driver). Where he answers I asked if he'd spoken to the mother. He says "I just got off the phone with her" so I said "you know what's going on then?" He says "It didnt sound like anything was goin on, Whats goin on?" So I told him what happened (above paragraph) He did not know anything about it and he lives there. (3 of these kids are hers, 3 are his that are visiting) he calls me back and says now she's mad and taking the child to the hospital to be examined. I said ok. We hung up since he was trying to drive.

I didnt hear from then again for 2 days, then the boyfriend calls that morning saying they've been suspecting this for months and that the mom had taken her to be examined (I assume he meant that morning) I said you suspected him of touching her for months? He said yes. I said what the hell did you have him babysitting for right up to the day before she said he touched her? He didn't answer except to say he's in trouble.

A few hours later I get a text message on my cell phone that said she was torn and he stuck a stick in her butt and wants to know where my son is. Now I'm hysterical. Son STILL says he hasn't touched her.

We ended up doing nothing until September 19th when a caseworker for child services called and asked me to bring him in so they can talk to him. When could I bring him in? I said now. He made us an appointment for the following morning and when my child got off the bus I was going to sit him down and explain to him that they wanted to talk to him. He was home maybe 5 minutes before a detective is at my door wanting to question him. I said, I case worker has already called and made an appointment for the next morning (friday) so she decides to wait until then, and said in the meantime keep him away from the neighbors. I said that isnt a problem, he hasnt seen the neighbors since the night they accused him.

Next morning
My husband and I take him down to the advocacy center, they refused to allow my husband to stay in the interview since he isn't the biological father, the lawyer couldnt be there on short notice, so it's just me and my son. She begins with who are ya and where ya from, then asks why he happened to be over at the neighbors house. He said they're friends of ours and I babysit for them also. She asked did he always play with 4 and 5 yr olds or did he have any friends his own age? He replied "I have one friend that lives near us but he wasnt home so I went to D**** house. She asked him why and he said he was bored, sitting on the couch listening to CD player got old after awhile. She asked how he got in the house and he said D**** let me in when I rang the bell. Detective then says let me tell you what she is charging you with. then she reads off charges that blew us both away. At this time I said your interview is over because that is NOT what that little girl said to me and this story keeps changing. So she and the caseworker left the room for a few moments. When they came back she said he was under arrest. He said what??? for what? she said a felony. He said no way, and where is the proof, she said I dont need any, all I need is probable caise and I think you did it.

She then tells me after he's been taken away that I couldn't possibly think he was innocent and that boyfriends mother said that I told the little girl I believed her (another lie) I said no I surely did not, but I didnt call her a liar either. I am not going to say that to a 4 yr old in her own home, I'm sure she was already uncomfortable in saying these things (or having to say them to me) and I wasn't going to hurt her further by saying that which would have or could have traumatized her.

The charge: (summary)
The 4 yr old states he came upstairs to her room, pushed her down on her bed (she and her sister have bunkbeds) stuck his fingers "down there" then got a stick and "poked" her ****when asked where the stick came from she said he went down to get it from the backyard**** and that he pulled all the stems off but one. That he made her perform oral sex on him and he did to her. (this was in her own words of course) and that he "peed in her"

He had his hearing the following monday, they wouldnt release him ( my guess is waiting for test results)

We were scheduled for a pre trial hearing on 13th, we felt that he would be released at this point even if to another family members home. We were in for a rude awakening. Judge didn't release him, and when lawyer asked about it he said he would "consider it" on the 20th, and he wanted attorneies only on the 20th then moved his court date to the 22nd. He also gave the different prosecutor til the 17th to get some evidence to my lawyer.

The very next day the lawyer called to say there was nothing of the test results. Now my kid will be locked up STILL until the lawyers go before the judge on the 20th. Today (the 16th) the lawyer explained that now he doesnt have to let him out on the 20th since he continued the trial date to the 22nd. that he could keep him there now because the prosecutor requested additional time (i assume for her to prepare since she isnt the original prosecutor)


They are also going to try to prosecute without any evidence based on the interview of the little girl. Her mother also stated that on the day in question that all the kids were in teh backyard palying and that she was unaware that this girl had come back in the house, that she herself had been on the front porch and didnt see her come back inside. She also stated that she didnt know my child was there, that he must have let himself in. Finding that hard to believe since she was supposedly on her front porch.

What are his rights in this matter? on the 20th of this month he will have been locked up 20 business days and I was told that if he's held longer than 20 business days without some evidence that they were violating his civil rights. What I don't understand is why they waited 2 days to have the girl examined? How come she wasn't bleeding? I know if he were to actually enter her like she described or used a stick then there would have been some bleeding. Any thoughts on this subject I'd be extremely grateful since I'm not from this state and not familiar with how things work here.

I'm sorry for the long post...

Thank you in advance
 


Netals

Junior Member
Hopefully you have gotten this taken care of by now but if not get the best lawyer you can, this can come back to haunt him in the future. My husband went through this for a touch on the butt, and now we are having to fork out lots of money to a lawyer to get it fixed ten years later. It sounds like the mother was putting words in the girls mouth. I don't know much about law, but you don't want this to ruin his life later like it has ours.
 

Shay-Pari'e

Senior Member
You are bringing a two month old post back to life, for what?

(QUOTE)It sounds like the mother was putting words in the girls mouth.(QUOTE)

That is not only harsh, but appalling of you to say. You just assume this because YOUR husband had to register as a sex offender? I hardly doubt he was convicted of "TOUCHING" a girl's butt, but you just go on keep thinking that ok?

The poster had an attorney.
 

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