Legal Question in Criminal Law in California

Re: Usual punishments for sexual assault of a minor/child pornography

I'm so sorry to hear what this person did to your daughter.

There is almost certainly nothing you can do about his sentence for the rape. Having the child porn is a separate crime and you may be able to persuade prosecutors to go after him for it. If the state prosecutors decline, try the feds. Keep in mind, though, that prosecutors often have good reasons not to pursue a case, including weak evidence. If these images were on a computer which was accessed by others, then it may be very difficult to persuade a jury beyond a reasonable doubt that he was the one looking at them.

You also have the right to bring a civil suit. But unless he has enough money to pay a substantial judgment, you might be better off not going this route. It will be very difficult to find a lawyer who will take a case on a contingent fee basis if there is little chance of collecting, and you would probably harm your own interests and those of your daughter if you paid a lawyer more than he was able to collect for you.

You should consult with a lawyer near you to see what options you might have available. Depending upon the specific facts of the case, there might be ways to hold others financially responsible for this man's actions, or to persuade an insurance company to settle. (Ordinarily, liability insurance will not cover intentional criminal acts. But may be other reasons why his insurance -- or that of someone else who might be held responsible -- would be on the hook.)

Good luck.

Re: Usual punishments for sexual assault of a minor/child pornography

You certainly have more civil legal resources against this man. However, you probably do not have an more criminal resources against him since that is up to the District Attorney to decide and they appear to have already decided it.

Re: Usual punishments for sexual assault of a minor/child pornography

If his case is already at or after sentencing, it is probably too late to influence or persuade the DA to do more. If his case is at a pretrial stage, with offers being made, you could contact the DA and try to demand stiffer punishment. Press coverage would help, as would 3rd party involvement like churches, civic organizations, crime watch organizations, police chiefs, etc. Use your imagination.

You [actually your daughter through you as her guardian] can always sue him, but if he has no substantial assets such as house, business, stock, etc., then a judgment would be of little value except 'principle'. However, such a judgment would be non-dischargeable in bankruptcy, and someday he might come into money that could be seized. If he does have assets, then an attorney should be interested in suing.

Re: Usual punishments for sexual assault of a minor/child pornography

if the case has already gone thru the criminal justice system, and a final judgment dictated probation for this person, your criminal remedies thereafer will most likely be barred based on double jeopardy principles. however, if you have not pursued civil remedies, since this would not fall under double jeopardy categorization, you may want to go this route, especially since the burden of proof is less rigorous here. if you would like a free phone consultation regarding this matter, email us directly today with your contact information or call us directly at 562-983-5576.