Legal Question in Sexual Harassment in California

Child abuse

My nephew is 12 and was molested by a 15 year old boy. This boy is a neighbor and befreinded my nephew. He had been molesting my nephew for about two months when my sister caught the boy molesting her son. She reported this to the police. The investigator handling the case said the DA was going to let it go as the boys were horsing around and they engaged in consentual sexual activity. This is not the case, what does the law say about this.


Asked on 12/06/07, 4:06 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Child abuse

The 'law' says that you have to prove criminal intent and conduct. If the police decline to prosecute, for whatever reason they like, that's their choice. Then your recourse is a civil suit for damages, in which you will have to prove your case. Having an eye witness probably means you can, so feel free to contact me if serious about pursuing this.

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Answered on 12/06/07, 8:40 pm


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