Legal Question in Criminal Law in California

Juvenile Molestation

Dear Lawyer,

I know of a Male, who is now 39 years old. This individual grew up in my neighborhood and came into the neighborhood when he was 13. It was just brought to my attention recently that somewhere around the time he was 14 and 15, he fondeled my 5-year old daughter at time. We can even say she was 6 at the time. He did not do anything major, just what teenage boys do at that age. Lay on top of my daugther and rub his penis back and forth until he ejaculated. This is what my daugther says. In addition, no foreplay or penetration was involved. Seems harmless but my wife is very upset this happened to our daughter and says that we should file a criminal charge on him, who is now 39. I don't really like to open up old wounds, but I know it could get very difficult for my daughter in court who is now 28. What are your thoughts? If we do go to court, and fight it, what can happen to him if found guilty of Junvenil Molestation? Is it worth it. From what I hear, this individual has been very clean, married, nice guy, good job, and has a kid of his own. Hate to tarnish his career and values when he did this as a teenager. Even I use to play Mother / Father at that age and younger


Asked on 7/10/06, 9:07 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Juvenile Molestation

First off, the events you describe are NOT "just what teenage boys do at that age". It's what they do on their own, but not on top of a five year old girl! If this is the kind of thing you did at that age -- and that you consider normal now -- then you need some counseling. You should be outraged by what your daughter has told you, not dismissive.

Your post is conspicuously silent re: how your daughter feels about what happened. It seems you don't particularly care about her feelings and are more interested in defending the guy, which is troubling for a variety of reasons. Why on earth do you call this conduct "harmless"? I'll bet your daughter isn't describing it that way.

Your wife obviously also doesn't consider what this guy did harmless, yet you seem more concerned about "tarnishing his career" than about what happened to your daughter. Your priorities are badly misplaced.

You should also double-check your math; you say that the man is 39 and your daughter 28, which would make him 11 years older. But you also say he was 14 or 15 at the time and that your daughter was six, which would make him only 8 or 9 years older. Worse yet, it could mean that your daughter was really only two or three at the time. Hopefully the idea of a teenager masturbating against the body of a toddler doesn't seem "normal" to you.

Has your daughter only recently remembered this incident, or has she simply kept quiet about it all these years? If she's kept quiet there is probably nothing the legal system can do about it now. If the memories just came back then she may have a civil remedy. I'm not sure what the criminal implications might be and I will leave that to other LawGuru attorneys.

Your daughter probably has serious emotional scars from this incident. You need to focus on her welfare and not on protecting the man who scarred her.

Read more
Answered on 7/10/06, 9:31 pm


Related Questions & Answers

More Criminal Law questions and answers in California