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Daughter molested by her uncle

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

My 17 year old daughter had been getting into some trouble (skipping school, smoking pot, stealing from her grandmother) She was arrested twice, and received deferred sentences on both charges.

Anyways, we decided to send her to her Aunt (my husbands sister) for a couple of weeks to see if she could talk with her and get her back on track since she wont listen to us. Her Aunt and Uncle live about 3 hours from us, over into New Mexico.

Her Aunt had something planned with her daughter one of the weekends, so her Uncle (he 63) took her with him on a business trip to Colorado Springs, which is about 3 hours away from both his and our home. (hes an independent insurance salesman with a large international company) At the hotel, he touched her inappropriatly, and even wanted to go further. She snuck out when he went to sleep and went to the cops.

The DA offered a plea deal that included registering as a sex offender, which he refused to accept because he would lose his job. He has given his wife the impression that my daughter is lying somehow, and may have even led him on.(Which makes no diffence because Colo law states she cannot consent to a partner more than 10 years older than herself) They are also trying to make us feel guilty that other innocent people will be hurt by his job loss.

I am wondering what to expect, from both his lawyer and the DA. I am sure he is going to try to dig up "dirt" on my daughter, to make her look bad. Are any of her wrong doings admissable in court, since they are totally unrelated? If they are admissable, can any fishy actions in his past be brought up, because we beleive stuff has happened before, but never reported. He is painting his self as a model citizen who has never been in trouble. How does the DA prepare US for court when we are 3 hours away? Do they send someone to us? Or do we have to go there?

Thanks in advance!
 


davew128

Senior Member
Are any of her wrong doings admissable in court, since they are totally unrelated?
If she testifies, it goes to character and up to a jury to believe her truthfulness.

can any fishy actions in his past be brought up, because we beleive stuff has happened before, but never reported.
Depends. Only items that challenge his credibility if he testifies can be used. Even then, such items cannot be prejudicial meaning it cannot lead the jury to want to convict him BECAUSE of such prior bad act. More importantly, it sounds like he has no prior convictions, which will make it very difficult to have anything to introduce to impeach his credibility if he testifies.
 
We do beleive our daughters story, and he already confessed in the police report.. hes just trying to get his sentence to not include registering
 

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