Sexual abuse/rape and a minor

[Jodie03]

What is the name of your state? Oregon
Is it possible for a minor to retain a Pro Bono Attorney for civil suit (without a guardian approval) after being sexually abused by adopted father? Adopted mother knew of adopted fathers past sexual abuse, and allowed the minor to be exposed to this abuse, also.

 

[CdwJava]

Have you reported this to the police? Are YOU the minor in question?

 

[Jodie03]

Yes, I have reported this to the police, and also to CPS. I am not the minor, I am the person the minor told.

 

[Just Blue]

Yes, I have reported this to the police, and also to CPS. I am not the minor, I am the person the minor told.

There is, apparently, a criminal investigation going on. You should stop doing things that could interfere/harm the investigation/trial. It would be terrible for this teen if her rapist father got off because some idiot posted about the case and made the victim seem avaricious.

After the trial the teen guardian can help her with an attorney to file a civil suit.

 

[CdwJava]

As Just Blue stated, allow the criminal investigation to play out. Keep in mind that if you do not possess firsthand knowledge of the incident(s), then it is possible that the facts are not necessarily as they have been presented to you.

 

[Jodie03]

As Just Blue stated, allow the criminal investigation to play out. Keep in mind that if you do not possess firsthand knowledge of the incident(s), then it is possible that the facts are not necessarily as they have been presented to you.

Thank You, and obviously if I thought I were jeopardizing the case in ANY WAY I wouldn't be asking for ADVICE, FYI not knowing something is in NO WAY BEING AN IDIOT, THAT WOULD IN FACT, BE THE PERSON CRITICIZING YOUR LACK OF KNOWLEDGE, OR NOT ASKING AT ALL....

 

[PayrollHRGuy]

Thank You, and obviously if I thought I were jeopardizing the case in ANY WAY I wouldn't be asking for ADVICE, FYI not knowing something is in NO WAY BEING AN IDIOT, THAT WOULD IN FACT, BE THE PERSON CRITICIZING YOUR LACK OF KNOWLEDGE, OR NOT ASKING AT ALL....

Nobody called you an idiot. But just because you don't think your actions could jeopardize the case doesn't mean they can't.

 

[bcr229]

The minor does not need an attorney. She likely will need therapy if the adults in her life have failed her.

If the adoptive father or the mother are found guilty then the court could order them to pay restitution to cover expenses such as the cost of therapy for the minor as part of their sentences.

https://www.oregonlaws.org/ors/137.106

 

[not2cleverRed]

Thank You, and obviously if I thought I were jeopardizing the case in ANY WAY I wouldn't be asking for ADVICE, FYI not knowing something is in NO WAY BEING AN IDIOT, THAT WOULD IN FACT, BE THE PERSON CRITICIZING YOUR LACK OF KNOWLEDGE, OR NOT ASKING AT ALL....

Look, the reality is, in this day and age screen shots can be taken and saved, coming back to haunt people.

At the very least, you should protect the victim from trial by social media.

A high school student in my community was allegedly sexually assaulted by a school administrator, and $20 million lawsuit was filed against the school district. Guess what the most common criticism is on the victim? Screen shots of pictures of the victim saying that she's going to be rich.

As you care about the well being of this child, first do everything you can do to make sure that the child is safe. Lawsuits are about money. There would only be one reason to pursue a lawsuit before the case is over - and that's if it's being swept under the rug. It does not sound like that's what's happening in the situation you posted about.

 

[ALawyer]

If the state's prosecutor obtains a criminal conviction of the perpetrator, and anyone who acted in concert or facilitated the perpetrator's actions, that will immeasurably help in any potential private lawsuit the victim may bring against the perpetrator and others involved.

If there is a criminal conviction the victim likely would not need a "pro bono" lawyer so long as the perpetrator has any meaningful assets or had any applicable insurance coverage as plaintiffs' lawyers typically take such cases on a contingency basis, and get paid out of the recovery they help the victim obtain. However, before taking on a case a good plaintiffs lawyer checks to determine if a judgment would be collectible. In situations where the perpetrator has little or no assets, and lacks insurance that conceivably may cover his actions, and if those who acted in concert with him also lack meaningful assets or applicable insurance, a plaintiff's lawyer would be reluctant to bring civil litigation as it may not make any financial sense because a judgment against someone without assets -- and who is unlikely to accumulate assets in the future -- is rather worthless.

 

[Just Blue]

Nobody called you an idiot. .

Actually it was strongly implied.

 

[Just Blue]

Thank You, and obviously if I thought I were jeopardizing the case in ANY WAY I wouldn't be asking for ADVICE, FYI not knowing something is in NO WAY BEING AN IDIOT, THAT WOULD IN FACT, BE THE PERSON CRITICIZING YOUR LACK OF KNOWLEDGE, OR NOT ASKING AT ALL....

Okay Dear. Why don't you give the DA a call and ask what s/he thinks of your posting on the internet about a case he is trying. A case that LEGALLY has nothing to do with you.