Divorce Attorneys, Child Molestation, Damage Awards

Child molestation charges create potential liability under both criminal and civil laws. Criminal charges are properly prosecuted by the state (i.e. district attorney). Civil charges are properly filed by divorce attorneys or other private practioners. Both types of cases may result in the recovery of damages.

How divorce attorneys assist in molestation charges

The first step must be to protect the child from future molestation. All states provide free child protective services. By calling child protective services, an immediate inquire will be made, and criminal charges filed if the district attorney finds the charge meritorious. Criminal charges may result in incarceration, fines, and restitution (payment of damages, medical expenses, therapy, etc.). If payment of restitution is not provided, the state may provide funds through a crime victim's compensation program to provide necessities for the child. Call any divorce attorney for more information.

Civil cases are tried under a lesser standard of proof (more likely than not, rather than "beyond a reasonable doubt"). Private damage awards for child victims may be based on tort responsibility for assault, battery, negligent infliction of emotional distress, and many other creative theories of liability.

In recent years, father rights groups have successfully lobbied for greater protection against unfounded and/or malicious molestation charges. Allegations of child molestation frequently result in loss of employment, large attorney fees, loss of property, and unjust defamation of character. The penalties for child molestation are sever. Likewise, anyone who falsifies molestation charges is subject to sever criminal and civil liability.