Legal Question in Criminal Law in New York

Accused of child molestation
My friend's husband has been accused of molesting his niece and his step son (by his niece). His wife's sister currently resides in Florida and provides a very unsavory environment for her daughter (she is involved with drugs, has numerous bf's etc). As a result, over the summer, when she asked her to take her daughter for a few weeks, my friend agreed.One time when speaking to the little girl (my friend works with battered women and children) she realised that the child exhibited signs of abuse which was compounded by her statement that she used a vibrator (the child is 8). Her sister disregarded any attempt to address the situation until recently when her daughter, after returning to Florida, called child protective services stating she was being abused by her mother. This eventually evolved into her and her cousin being abused by her uncle. Now cps has come into my friend's home and demanded that the children be removed from the home pending an investigation (to which my friend has complied). My friend has already taken her son to a doctor who confirmed that he was not abused in any way. Being that the girl may already be sexually active can this affect her husband even if he is not responsible? What other options are there?

Asked on 11/13/05, 1:56 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Accused of child molestation

Are you indicating that the 8 year old has boyfriends and uses a vibrator? Is this the accusing child?

This is a very serious situation. It is likely that the man will be found not a child abuser and the children will be returned to the home.

A lawyer cannot hurt in a situation like this and can often be very helpful. It is recommended.

The accusing child must be examined by cps and the courts and the true story must be unearthed.

Do not take this lightly. That the girl is sexually active makes this much harder to disprove.

Answered on 11/14/05, 4:10 pm

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