Legal Question in Criminal Law in North Carolina

Sexual molestation

My son is incarcerated, not with sexual molestation charges. I have a nephew who is in the states custody with numerous counts of child molestation on him. He has since accused my son of molesting him. This is slander and false accusations. The Dept. of Social Services is investigating this matter and says they can charge on accusations. I have letters from people whom my son has babysat for saying they trusted him then, and they would trust him to babysit again. This incident supposedly happened two years ago. I would like to know if I have a case against DSS if they pursue these charges. Thank You!


Asked on 7/29/03, 11:40 am

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

Re: Sexual molestation

You likely can do nothing against DSS for investigating the allegations against your son. That's their job.I would not be focusing on whether you could sue DSS (which is highly unlikely) but would focus instead on refuting the allegations. It is irrelevant at this time whether you have a busload of priests stating that your son is a fine upstanding young man. DSS is correct, they can investigate/charge on allegations. Sex crimes equals a long prison sentence. This is where you should be focusing on-if DSS concludes that their may be something to the allegations, they will do a report and turn it over the the district attorney-at that time, if he believes he could convict your son on any sexual offense, would take the allegations toa grand jury and they would issue an indictment against your son. Sexual crimes are emotional crimes-common sense goes out the window. BE very careful!!! Your son should say nothing to no one-not even his cell mate is prison. Er... ESPECIALLY his cell mate.

He would definitely need an attorney. You may even be able to retain an attorney at the investigative level and possible head off an indictment.

If you would like to speak further of this, you can e-mail me at: [email protected].

Good luck

Jim Griffin

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Answered on 7/29/03, 12:37 pm


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