How much evidence is needed?

[Butterfly082305]

I have a couple of questions. First off, my daughter (then 8,now 10)was sexually assaulted by my ex-boyfriend while I was at work. However, I did not learn of this assault until after she was taken into protective custody by DHS and had been in foster care for almost 8 months (she was placed in foster care because he had kicked her and tried to strangle me). I was told at the initial disclosure that they did not have enough evidence to prosecute him on the sexual assault case because at the time she was too terrified of him to say anything. Approximately a month or so ago, I was watching Dateline and the topic was about rape. She asked me what that meant and I explained that it was when someone forces someone else to have sex. She the told me "thats what 'Butthead' did to me." I contacted DHS and talked to thier expert in this subject. My daughter talked to this worker and told her what had occurred, however I have yet to hear if they have filed charges or not. I was under the impression that DHS would handle the filing of charges and I did not need to go to the police. How much evidence do they need before they will file charges on him? I have learned that my ex is now in jail in another state with a hold to be expedited back here to Colorado and I want to file a permanent restraining order against him but do not know whether or not I should file one now while he is in Arizona or wait till he is back in Colorado due to the fact that there has to be "Due Process" so he can have an opportunity to defend his charges. Does anyone have any suggestions? I want justice for my child and feel that the system spends more time protecting the criminal than it does protecting the victims. How can I make my daughter feel safe again? I know I have made my mistakes but I have worked my butt off to make myself a better more protective mother.

[retdetsgt]

DHS doesn't file charges, it has to be police. DHS is required by law to notify police (and vice versa), but they're social workers and they're job is to see that you protect her.

Contact your local police and tell them what your daughter is saying and let them interview her. She also needs to be examined by a doctor, but the police can probably arrange that for you.

[Taxx]

I was told at the initial disclosure that they did not have enough evidence to prosecute him on the sexual assault case because at the time she was too terrified of him to say anything.

Who told you this? DHS? They do not gather evidence. Was the police ever involved? Did you get case number? Who is handling this case? Was a sexual assault eval done at the hospital? Where did that evidence go?

Like mentioned above, you need to go talk with the police and get some questions answered.

State's are different with protection orders, restriaining orders or no contact orders. Talk with the local police and they will also be able to answer that question.

[manahmanah]

You need to go to the Police Department RIGHT NOW if what you are saying is true. You owe it to your daughter to not wait one more minute.

[nikerret]

Along with going to your local law enforcement I would suggest speaking with your County Attorney/ District Attorney.

This is something that should be well within the statute of limitations. Cannot verify as I don't know CO laws.