Delaware,
My son has been charged with offensive touching of a minor at a religious summer camp.
My son started his first summer job this year at a church run summer camp. On the very first day the camp director received a call from a very upset mother and claimed that my son had assaulted her 5 you son. The woman claimed that my 18 yo son dragged her child down the hallway of the church school, pushed her son to the ground, and punched him in the chest. Immediately the cam director confronted my son and he was completely shocked by the allegation. The directors and all of the staff were there the entire day and at no time was my son alone with this child. The child never indicated anything was wrong while he was at the camp. The director call the mother back and asked her to return to the camp, because all of the staff was still there and they could find out what happened. The mother refused and then contacted the state police. The trouper who investigated the allegation came to the camp and talked to all of the staff. they indicated that no one saw anything like what was being described and due to the layout of the church it was impossible for the allegation to have happened. The hall where the incident was to have happened was occupied by two girls painting a banner the entire time the child has at the camp. The Troupe contacted the family by phone and talked to the parents. He indicated that he found no merit to the allegation and asked to come to their home to talk to the child. The parents refused to allow the Trouper to talk to the child in person. The child was taken to the A. I Children’s hospital by the parents, for examination and no signs of any injury were found. The Trouper contacted the parents a few days later and told them that he could not proceed with the charges. They indicated that they would go directly before a judge and have a warrant issued. A warrant was issued but not for assault but for offensive touching. The story had now changed from the assault to throwing a pillow at the child. My Son did say that the 5 yo did throw a pillow at him and he did throw the pillow back at the child. The child did not indicate at the time that he was alarmed, unhappy and certainly not injured from the pillow. After a 4 month wait and $2,000 of legal fees to our layer, we had our day in court. Our layer and 5 witnesses, three counselors, the camp director, as well as the Investigating Trouper show up at the court. The victim and his parents did not. Instead of the prosecuting attorney dropping the charges he indicates that because the alleged victim is a minor this proceeding should be transferred to family court. So we are now awaiting the new court date.
My question is:
When this charge is dismissed do I have civil action against the child’s parents to recover my legal fees. Are there additional charges I can claim. I am angry that the court and these people are able to make these charges with no evidence and we must pay legal fees and be inconvienced when these charge have no merit.
We feel like the victims.
Any advice?
My son has been charged with offensive touching of a minor at a religious summer camp.
My son started his first summer job this year at a church run summer camp. On the very first day the camp director received a call from a very upset mother and claimed that my son had assaulted her 5 you son. The woman claimed that my 18 yo son dragged her child down the hallway of the church school, pushed her son to the ground, and punched him in the chest. Immediately the cam director confronted my son and he was completely shocked by the allegation. The directors and all of the staff were there the entire day and at no time was my son alone with this child. The child never indicated anything was wrong while he was at the camp. The director call the mother back and asked her to return to the camp, because all of the staff was still there and they could find out what happened. The mother refused and then contacted the state police. The trouper who investigated the allegation came to the camp and talked to all of the staff. they indicated that no one saw anything like what was being described and due to the layout of the church it was impossible for the allegation to have happened. The hall where the incident was to have happened was occupied by two girls painting a banner the entire time the child has at the camp. The Troupe contacted the family by phone and talked to the parents. He indicated that he found no merit to the allegation and asked to come to their home to talk to the child. The parents refused to allow the Trouper to talk to the child in person. The child was taken to the A. I Children’s hospital by the parents, for examination and no signs of any injury were found. The Trouper contacted the parents a few days later and told them that he could not proceed with the charges. They indicated that they would go directly before a judge and have a warrant issued. A warrant was issued but not for assault but for offensive touching. The story had now changed from the assault to throwing a pillow at the child. My Son did say that the 5 yo did throw a pillow at him and he did throw the pillow back at the child. The child did not indicate at the time that he was alarmed, unhappy and certainly not injured from the pillow. After a 4 month wait and $2,000 of legal fees to our layer, we had our day in court. Our layer and 5 witnesses, three counselors, the camp director, as well as the Investigating Trouper show up at the court. The victim and his parents did not. Instead of the prosecuting attorney dropping the charges he indicates that because the alleged victim is a minor this proceeding should be transferred to family court. So we are now awaiting the new court date.
My question is:
When this charge is dismissed do I have civil action against the child’s parents to recover my legal fees. Are there additional charges I can claim. I am angry that the court and these people are able to make these charges with no evidence and we must pay legal fees and be inconvienced when these charge have no merit.
We feel like the victims.
Any advice?