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Bogus Sexual Assault Charge on Gay Person

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K

ksue96

Guest
Have a gay relative who was arrested on a bogus sexual assault charge on a minor...the parent that filed and signed the arrest warrant DOES NOT have any legal or physical custody of this minor child. My question is this, can a parent w/ no legal or physical custody of a minor child sign an arrest warrant?? I have a feeling that the judge or sheriff's department don't know she doesnt have custody because this minor child is "staying" w/ her right now.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ksue96:
Have a gay relative who was arrested on a bogus sexual assault charge on a minor...the parent that filed and signed the arrest warrant DOES NOT have any legal or physical custody of this minor child. My question is this, can a parent w/ no legal or physical custody of a minor child sign an arrest warrant?? I have a feeling that the judge or sheriff's department don't know she doesnt have custody because this minor child is "staying" w/ her right now.<HR></BLOCKQUOTE>

My response:

The familial relationship, legal or otherwise, is not the issue. The safety of the minor is the paramount issue in the eyes of the law. The reporting person could have been me; i.e., it makes no difference who saw the child be endangered, or who swears out a complaint.

If the allegations are found to be true, the fact of relationship of the complaining party is of no moment, and a criminal trial will be held if there is sufficient evidence of wrongdoing.

IAAL



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