California child abuse allegations

[innocentman100]

What is the name of your state (only U.S. law)? California.

About one year ago this week I got a call from the police saying a 16 year old girl I knew had filed a "complaint" alleging we had a "sexual relationship." They refused to give me any additional details about what was in the report (other than the name of the complainant) because they said they wanted to hear my side of the story first. I declined to be interviewed and told them I would talk to a lawyer first.

My father, who was an attorney (he passed away in February, so I can't ask him anymore), called the detective back and informed her that I had retained his services. They played phone tag for a couple of days, then nothing. My father had told me it was best to forget it and let sleeping dogs lie. Nothing has transpired since then, other than the girl turned 18 last week. It bothers me not having this matter conclusively resolved.

I've looked up the Child Abuse and Neglect Reporting Act in the California penal codes.

11167(e) says, "A representative of a child protective services agency...at the time of initial contact with the individual who is subject to investigation, shall advise the individual of the complaints or allegations against him or her, in a manner consistent with laws protecting the identity of the reporter."

I assume the call I received from the police was pursuant to this section. Does the phrase "shall advise the individual of the complaints or allegations against him" mean they only have to advise me of the existence of the complaints, or do I have a right to know the specific allegations?

11165.12 defines three determinations for a report: Unfounded, Substantiated, or Inconclusive.

11169 says that unless the report is determined to be unfounded, it is forwarded to the Department of Justice where a record of it is kept in the Child Abuse Central Index (for ten years), and they must notify me in writing when this occurs.

I have received no such notification. Is that more likely to mean the complaint is still under investigation, or that it was determined to be unfounded and the matter dropped? Do I have a right to know the current status? I couldn't find anything about how long they have to report it to the DoJ (my dad said the statute of limitations for the state to charge me is theoretically three years from the time the girl turns 18, but we don't know what the exact charge is). I also couldn't find anything about whether they're supposed to notify me if they do declare it to be unfounded. I don't think it's fair of them to leave this hanging over my head with all this secrecy.

 

[Antigone*]

What is the name of your state (only U.S. law)? California.

About one year ago this week I got a call from the police saying a 16 year old girl I knew had filed a "complaint" alleging we had a "sexual relationship." They refused to give me any additional details about what was in the report (other than the name of the complainant) because they said they wanted to hear my side of the story first. I declined to be interviewed and told them I would talk to a lawyer first.

My father, who was an attorney (he passed away in February, so I can't ask him anymore), called the detective back and informed her that I had retained his services. They played phone tag for a couple of days, then nothing. My father had told me it was best to forget it and let sleeping dogs lie. Nothing has transpired since then, other than the girl turned 18 last week. It bothers me not having this matter conclusively resolved.

I've looked up the Child Abuse and Neglect Reporting Act in the California penal codes.

11167(e) says, "A representative of a child protective services agency...at the time of initial contact with the individual who is subject to investigation, shall advise the individual of the complaints or allegations against him or her, in a manner consistent with laws protecting the identity of the reporter."

I assume the call I received from the police was pursuant to this section. Does the phrase "shall advise the individual of the complaints or allegations against him" mean they only have to advise me of the existence of the complaints, or do I have a right to know the specific allegations?

11165.12 defines three determinations for a report: Unfounded, Substantiated, or Inconclusive.

11169 says that unless the report is determined to be unfounded, it is forwarded to the Department of Justice where a record of it is kept in the Child Abuse Central Index (for ten years), and they must notify me in writing when this occurs.

I have received no such notification. Is that more likely to mean the complaint is still under investigation, or that it was determined to be unfounded and the matter dropped? Do I have a right to know the current status? I couldn't find anything about how long they have to report it to the DoJ (my dad said the statute of limitations for the state to charge me is theoretically three years from the time the girl turns 18, but we don't know what the exact charge is). I also couldn't find anything about whether they're supposed to notify me if they do declare it to be unfounded. I don't think it's fair of them to leave this hanging over my head with all this secrecy.

You father gave you good advice. Don't bait the bear.

 

[StevenJ_420Law]

What Would Dad Do?

 

[Proserpina]

What Would Dad Do?

Oh Steven...if only I'd listened to that advice myself (many years ago)!

Excellent advice.

 

[CdwJava]

About one year ago this week I got a call from the police saying a 16 year old girl I knew had filed a "complaint" alleging we had a "sexual relationship." They refused to give me any additional details about what was in the report (other than the name of the complainant) because they said they wanted to hear my side of the story first. I declined to be interviewed and told them I would talk to a lawyer first.

I assume that the "they" you refer to is the police?

Of course, you made the right call. And hopefully you also made a phone call to an attorney.

It bothers me not having this matter conclusively resolved.

Well, there is not much you can do about that.

I assume the call I received from the police was pursuant to this section.

No, it wasn't. They called you because they wanted to obtain a statement from you. The section you cited is procedural for CPS not the police.

11165.12 defines three determinations for a report: Unfounded, Substantiated, or Inconclusive.

11169 says that unless the report is determined to be unfounded, it is forwarded to the Department of Justice where a record of it is kept in the Child Abuse Central Index (for ten years), and they must notify me in writing when this occurs.

It is likely that CPS is not the investigating agency as a result of the criminal allegations. As such, any 11169 documentation will be the responsibility of the law enforcement agency to forward their conclusion to the DOJ. And, in all honesty, most law enforcement agencies are remiss in their responsibility to notify the suspect party. But, as there is no penalty for the failure to make such notification, there is little incentive to pursue a solution to this conundrum.

I have received no such notification. Is that more likely to mean the complaint is still under investigation, or that it was determined to be unfounded and the matter dropped?

If you have not moved and they have made no attempt to contact you for 18 months, then I suspect the matter is closed. It could be that the victim shut down, or it could be that they have no evidence and no corroboration besides the victim's claim. Who knows?

Do I have a right to know the current status?

You can always call to ask them ... but, it might result in some supervisor looking into the issue and suddenly saying, "Hey! Why hasn't this been pursued!" You might want to just let this one lay.

Because if they ARE still investigating, they are under NO legal obligation to tell you.

I couldn't find anything about how long they have to report it to the DoJ (my dad said the statute of limitations for the state to charge me is theoretically three years from the time the girl turns 18, but we don't know what the exact charge is).

Depending on the allegation, it could be even longer!

And if three years, I suspect this is at least a felony allegation and that you are three years or more older than the victim.

I also couldn't find anything about whether they're supposed to notify me if they do declare it to be unfounded. I don't think it's fair of them to leave this hanging over my head with all this secrecy.

Fair or not, that is the way it is.

 

[innocentman100]

Thank you so much, CdwJava.

I assume that the "they" you refer to is the police?

Yes. "they" referred to the police detective who called me.

No, it wasn't. They called you because they wanted to obtain a statement from you. The section you cited is procedural for CPS not the police.

Thanks. I was definitely confused about which agencies different sections were talking about. This clarifies it.

It is likely that CPS is not the investigating agency as a result of the criminal allegations. As such, any 11169 documentation will be the responsibility of the law enforcement agency to forward their conclusion to the DOJ. And, in all honesty, most law enforcement agencies are remiss in their responsibility to notify the suspect party. But, as there is no penalty for the failure to make such notification, there is little incentive to pursue a solution to this conundrum.

That sucks.

If you have not moved and they have made no attempt to contact you for 18 months, then I suspect the matter is closed. It could be that the victim shut down, or it could be that they have no evidence and no corroboration besides the victim's claim. Who knows?

Actually, I have moved, to another county. And the girl has moved to another country. (Those are not typos. I am in a different county in California. She has left the United States.)

I am totally in the dark about what's going on on her end, but one of the many scenarios I've run through my head is the possibility that she might have recanted.

Two months after the last time I saw her, her father cornered me at public event and accused me of "traumatizing" his daughter. It was the first I was hearing it from him, although the girl had previously told me he was always suspicious of me, and she would "joke" with me on several occasions that she could say there was something "inappropriate" going on even though there wasn't. Minutes later, the father tried to negotiate a deal with me for 50% of my business or there'd be trouble. I refused his offer. There is actually a paper trail of some of his demands, but not enough to prove extortion.

Two months after that, the girl texted several of my friends looking for my phone number, saying it was urgent, and telling them to keep it a secret. Then she left a series of bizarre messages on my answering machine. All of this was in the span of a half hour. I ignored the calls and was seriously considering trying to get a restraining order against both of them. About two or three weeks after that is when I got the call from the cop.

The only thing I am certain of, though, is that there is definitely no evidence or anything other than her claim because no criminal activity occurred.

Given that timeline, I have no idea when the complaint might have been filed. Any idea as to how long it usually takes between the time of the complaint and the time they call the suspect to get a statement? If I had even the date of the complaint, I might be able to put a few more pieces together.

I also wonder if the police simply didn't believe her. She's not a good liar at all. I'm talking really, really amateur at lying. She liked to lie a lot and even I could always tell when she was lying. I'm sure a trained officer would spot it easily.

You can always call to ask them ... but, it might result in some supervisor looking into the issue and suddenly saying, "Hey! Why hasn't this been pursued!" You might want to just let this one lay.

That's exactly what I'm afraid of.

Because if they ARE still investigating, they are under NO legal obligation to tell you.

That's what I figured.

Depending on the allegation, it could be even longer!

And if three years, I suspect this is at least a felony allegation and that you are three years or more older than the victim.

So there's no definitive endpoint for this? And, yes, I'm much more than three years older than the alleged victim.

Thanks again for your help!

 

[CdwJava]

Actually, I have moved, to another county. And the girl has moved to another country. (Those are not typos. I am in a different county in California. She has left the United States.)

Then, unless she returns, I suspect the case is dead in the water. They are NOT going to bring a case against you without the victim to testify ... unless of course the two of you made a video of the act.

Of corse, if they have not been able to get you because you left the jurisdiction, how do you know that no warrant exists for your arrest? You might find that one day you get stopped for traffic and, voila! Off to jail you go!

Given that timeline, I have no idea when the complaint might have been filed. Any idea as to how long it usually takes between the time of the complaint and the time they call the suspect to get a statement? If I had even the date of the complaint, I might be able to put a few more pieces together.

The time from complaint to interview could be measured in hours, or in weeks. It all depends on the nature of the allegations and how much information can be compiled - and the nature of the threat posed by the alleged perpetrator. I have interviewed and arrestsed suspects minutes after the complaint, and weeks afterwards. On the average, it is probably less than one month from complaint to interview.

I also wonder if the police simply didn't believe her. She's not a good liar at all. I'm talking really, really amateur at lying. She liked to lie a lot and even I could always tell when she was lying. I'm sure a trained officer would spot it easily.

They would still have to investigate. But, her leaving the country would certainly make things easy to drop if they were so inclined.

 

[innocentman100]

Then, unless she returns, I suspect the case is dead in the water. They are NOT going to bring a case against you without the victim to testify ... unless of course the two of you made a video of the act.

As far as I know, she is likely to return to the US within a year, but is more likely to move permanently to the county I am in rather than the jurisdiction of the alleged crime.

And I assure you, no video, no photographs, no DNA, no physical evidence of any kind, and no act to take video or photos of or to leave DNA or other physical evidence.

Of corse, if they have not been able to get you because you left the jurisdiction, how do you know that no warrant exists for your arrest? You might find that one day you get stopped for traffic and, voila! Off to jail you go!

Okay, that's interesting and scary. The cop called me on my cell phone and that number hasn't changed. I did submit a change of address with the USPS, so I'm not in hiding and easy to find. And nobody ever told me don't leave town or to notify anyone if I did. If there is a warrant, what happens, do they look for me at all or just leave it "out there" until I get caught on a traffic stop? That's kinda weird.

The time from complaint to interview could be measured in hours, or in weeks. It all depends on the nature of the allegations and how much information can be compiled - and the nature of the threat posed by the alleged perpetrator. I have interviewed and arrestsed suspects minutes after the complaint, and weeks afterwards. On the average, it is probably less than one month from complaint to interview.

Might I assume from this that (1) it is unlikely the complaint was filed four months before the call, just after the last time I saw her, and (2) it is unlikely the complaint was filed two months before the call, just after the confrontation with the father, and (3) it is likely the allegation was not of an egregiously serious nature that would constitute my being a threat?

I have never been in any kind of trouble with the law before whatsoever. (And as I said before, I am not young.) Not even a parking ticket or traffic citation in at least ten years. And at the time of the complaint, I was an active volunteer in a community patrol that worked closely with the police department and significantly reduced drug, theft and prostitution-related crime in our neighborhood, and I was personally issued a certificate of commendation from the city. (I was too afraid to bring the matter up with my connections in the department.) No other complaints against me of a similar nature or any other nature, ever. No history of violence. Never been in a fight. In fact I've worked very actively for anti-domestic violence causes and have a letter from President Clinton on White House stationery thanking me for those efforts. Once I got caught shoplifting candy when I was a kid in Illinois. No record. That's it. Nada. Really. Mr. Clean here. I simply don't fit the profile.

Is it possible they took my lack of a record into consideration, along with the lack of any corroborating evidence and the possibly non-serious allegations and dropped it? Of course, I know the answer would only be a guess and would still leave me back at not knowing for sure and not being able to ask. It would be such a relief to know I'm worrying about nothing.

They would still have to investigate. But, her leaving the country would certainly make things easy to drop if they were so inclined.

Thanks again, and thanks for the very quick turnaround in your reply. It is definitely helpful.

 

[CdwJava]

If there is a warrant, what happens, do they look for me at all or just leave it "out there" until I get caught on a traffic stop? That's kinda weird.

While they are legally obligated to search for you with due diligence, in reality, they likely will not. If there IS a warrant, it will pop up when you are stopped by the police for some other reason.

Forwarding your address with the USPS won't make you easier to find unless they are looking really hard. Updating your address with the DMV would allow them to easily find you, though.

The argument concerning lack of diligence would only be a real point if you are arrested after the SOL has expired and your attorney thinks it is a way to get out of the charge or, if they find evidence of other crimes when you are arrested.

Might I assume from this that (1) it is unlikely the complaint was filed four months before the call, just after the last time I saw her, and (2) it is unlikely the complaint was filed two months before the call, just after the confrontation with the father, and (3) it is likely the allegation was not of an egregiously serious nature that would constitute my being a threat?

You can make that assumption. But, there is no way to know if it is true or not.

It may be that it was the father that urged her to go to the police hence the delay. And it would not be uncommon for a minor or a victim of a sexual assault to delay the report to the police. It hurts the investigation, but it is not an uncommon occurrence.

Is it possible they took my lack of a record into consideration, along with the lack of any corroborating evidence and the possibly non-serious allegations and dropped it? Of course, I know the answer would only be a guess and would still leave me back at not knowing for sure and not being able to ask. It would be such a relief to know I'm worrying about nothing.

Your lack of a prior record probably played less into any consideration than did a lack of corroborating evidence.

 

[innocentman100]

Thanks again. You've been very helpful and I probably shouldn't belabor the point anymore. It sounds like I need to stop thinking about it because if anything is going to come of it, there's nothing I can do about it anyway until it happens. And from my best guesses, I'm pretty confident the case is closed. I just don't know if it was closed as "unfounded" or "inconclusive," which has different consequences.

Okay, wait, one more question, if you don't mind.

When you are handling something like this, as opposed to CPS, do you still follow the unfounded/inconclusive/substantiated classification? And what kind of criteria effect that decision?

Take these hypotheticals, for example:

Victim's age and maturity, emotional demeanor? Say she's nearly 17, she seems very emotionally put together, not the least bit traumatized, even claims she consented to whatever.

Severity of accusation: Say it's a misdemeanor. A really trivial and hard-to-prove one.

No evidence. You've already stressed the importance of that and I appreciate that.

Suspicion of mitigating factors that point to motive for her to lie or exaggerate. (Suppose the suspect and alleged victim's father had been engaged in a bitter contract dispute. Suppose you get the impression that the father is putting the girl up to this for some unrelated ulterior motive.)

Are these things likely to get the case dropped as unfounded? Or does it still land in "inconclusive"?

Oh, and does the suspect's refusal to be questioned play a factor in that decision?

Thanks.