Complaint Filed, Sexual Assault of a Child

[Chamillion]

What is the name of your state? TX

Today when I went to change custody of my daughter with my ex, I was informed that she went Sunday to file a complaint against me for sexually assulting our daughter. She stated her reasons for doing so were because she was touching herself, and said she hurt down there.

I have not ben contacted by CPS as of yet concerning the case, but there are a few particulars that made me very suspicious of her timinf of the complaint. Until I get further details from CPS, I really won't know the truth of it all. Here is what happened Sunday night when I went to drop her off at her mom's house.

She wasn't getting off until 8:30pm so she told me to keep her until she got off. So I decided to make it easy and prep her for bed at my house (wash her hair, bathe her, etc...) so all she had to do was go inside and get in bed. Well her mom called me at 9:17 and told me it was okay to bring her home. I made it there around 10:30, and she gave me a hug and I sent her upstairs to bed. Her mom and I were gettign along well enough to where we sat down together and had a talk about things unrelated to the case at hand, for about 35 minutes, and at 11:10pm I left and went home.

My suspicion is aroused in the fact that she told me she took her Sunday night, but she was at school Monday morning (I can check her attendance online). She was sleeping when I left, and in all her years I have never known her to wake in the middle of the night and do anything other than go to the restrooom, which I made her do before she went to bed Sunday night.

Her mom stated to me that she was touching herself Sunday night while she was bathing...which would not make sense in the fact that she already knew I had bathed her, and she was asleep before I left. (she snores VERY loud) I highly doubt mom woke her up to bathe her a second time, at that time of night...if anything she would have bathed her a second time in the morning before she took her to school.

I already have an idea why she decided to do this thing. Our final trial is coming up March 10th, and she has finally been convicted of family violence. She also has the government fraud conviction, as well as being held in contempt for violating the injunction on her boyfriend and admitting to doing so. On top of this, I have witnesses and documentation to establish that I've had her (daughter) for the last 3.5 years raising her pratically alone with the help of my fiancee starting late 2004.

When CPS contacts me regarding this case, which from what she says is set to be closed, what is the best route for protecting what I have established thus far in these proceedings. I haven't done anything that the court has found harmful, been convicted of any crimes EVER, and have been a good father to my kids. When allegations like this are brought up, I know it looks really bad just being accused of such things. Help please??

 

[Zephyr]

I can't remember your situation...is there anything (not related to this most current claim) pending in the court right now?

if cps comes to speak with you, explain to them exactly what you have stated here

 

[Chamillion]

I can't remember your situation...is there anything (not related to this most current claim) pending in the court right now?

if cps comes to speak with you, explain to them exactly what you have stated here

Yes, right now we have a child support hearing on Monday, and then we have a final trial date in a custody suit that I initiated back in August March 10th of this year. I'm pretty sure they are going to come, its just a matter of when.

 

[BL]

Well did she also take the child to the hospital ?

 

[Zephyr]

make sure to tell any social worker that contacts you that you are in a custody proceeding along with your version of events

 

[Chamillion]

Well did she also take the child to the hospital ?

I believe she did because she told me that they didn't find evidence of anything, so my assumption is that she did.

make sure to tell any social worker that contacts you that you are in a custody proceeding along with your version of events

I definitely will. It was nothing more than a ploy to try and make me look bad in the eyes of the court so hopefully, they won't even pay it any mind.

Thank you for the advice guys.

 

[Isis1]

in my non-attorney opinion, I hope they do pay mind. To the mother that involved her child on such a sensitive topic that should never be made as a ploy for the courts to make a decision for custody. that is a horrible thing for her mother to do. it teaches the child to to make false allegations to get her own way.
If you can, get statements from any doctor that made the detemination nothing was wrong or a letter from CPS stating the investigation was noted to be discontinued based on no founding evidence.
that is just horrible!

 

[Zephyr]

also if you have any proof that supports your timeline of events or disproves mom's timeline of events....show it to the social worker....

such as you say that your were at mom's until after 11, if mom took kiddo to the hospital it would be after 11 right, maybe you need to look at the medical records and see what time they got there, what they found, what your daughter said regarding everything- your cell call log showing the calls from mom after 8 and then again after 9 etc....


how old is your daughter?

 

[mommyof4]

With the symptoms that Mom stated, my very first thought was a urinary tract infection.
I then checked out some of your other threads and saw that your daughter has already had a history of yeast infection and UTI, along with the fear that Mom's bf had 'touched' her and has herpes.

https://forum.freeadvice.com/showthread.php?t=388182

You need to get any medical records from that night (if there are any) and be sure to tell the caseworker that your daughter has a history of UTI and yeast infection.
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Okay, now I have some completely non-legal advise, but it is out of concern for your daughter's health.

I have a kind of gross question, but...

When your daughter went potty at your home, did you notice a sulfur like (or rotten egg) smell when she urinated? Was she hesitant to go? If so, that is a classic sign of UTI. UTI perfectly matches the symptoms that Mom stated. Further, UTI can have a very sudden onset of symptoms. My daughter has a history of UTI (as does my sister and mother). All three of them seemed to have symptoms more often start at night.

If it turns out that your daughter was not evaluated or that she did not recieve treatment, you need to get her to a doctor. UTIs aren't anything to play around with. They can easily cause long term, permanent (and sometimes, very serious) damage to the kidneys and urinary tract. UTIs are more common in little girls than boys and if more than one (and really, at this age many doctors want further evaluation after the first UTI) your daughter needs to be further evaluated to see why she is getting UTIs whether that be structural imperfections, lack of good hygeine (I noted that she bathes herself...a key red flag), or just a carrier of higher than normal E. colli...but that's another issue right now.