Legal Question in Legal Ethics in Michigan

case that a prosecuting atty never filed

I was molested by my mothers husband as a minor child and I finally reported it several months after it started but even though in a counseling session he admitted to doing it and said he wouldnt have if I were his biological child and huis reason for doing it was becuase he wanted kids and my mom had her tubes tied so couldnt I just recently found out that the prosecuting atty never filed formal charges and his atty files for a dismissal in 97 and was awarded it. my mom made me live with this man for almost 7 years after and never once tried to get charges pressed for me she said that i should just accept it and move on at the time and i could never ,until recently, understand how i had to live with him still and he never went to prison for what he did. would I have a legitimate case against the county and prosecuting atty and maybe my mother if I choose to file charges for neglect of duty or whatever it may bew called in a situation like this?


Asked on 2/19/09, 2:49 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: case that a prosecuting atty never filed

Unfortunately, there is governmental immunity protecting the prosecutor so any case that you file would be immediately dismissed. As far as your mother, the statute of limitations ran on that years ago. There are some cases extending the statute of limitations but it is very rare and doubtful. William S. Stern

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Answered on 2/19/09, 7:21 pm


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