Legal Question in Constitutional Law in North Carolina
Child Molestation
What are the constitutional rights of a minor child that has been sexually assaulted and the District Attorney dismissed the case when there was states evidence showing proof of the molestation.We have been fighting this for 2 1/2 years and have not received any help in Stokes Co. This child is only 8yrs old now and the court has still not heard this case,there is another child that has also been sexually molested by the same man,does the little girls not have any contitutional rights
1 Answer from Attorneys
Re: Child Molestation
I sympathize deeply with your position, but nobody has the right to force a prosecutor to pursue a particular case. Prosecutors have limited resources and cannot pursue every case brought to them. They have discretion to decide which cases to bring and which not to.
Child molestation is a crime all prosecutors treat very seriously. If they have declined to prosecute this individual it is almost certainly because either (1) they are not persuaded that the molestation actually occurred, or (2) the evidence of his guilt is not strong enough to support a conviction beyond a reasonable doubt.
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