What do I do if my niece is claiming that I assaulted her?

Question

It was during a family gathering, and my father and I were going to return home because we lived six hours away.  My niece who is somewhere between 14 or 15 years old and we’ve seen each other before and have hugged countless times whenever I am going to return home.  She reported to the police that I hugged her and touched her inappropriately. I am not really sure of the details that she reported.  I hug her as usual and have not done anything other than that, but I must have frightened her because when I found her to ask her for her email address she was in our relatives bedroom and I just went in and somehow closed the door. She wrote me her email address and as usual I hugged her.  She walked out after we hugged and I followed after her getting ready to go home.  After that when I got back home relatives start calling me saying that she was crying very hard and wasn't happy and I did more than just hug her.  They also say that she called the police and reported it too.  What will happen in this situation?  Will there be arrests on me?  What will the charge be?

Kiran Nair · Answer

I strongly recommend you consult with an attorney because you could be facing serious criminal charges.  More importantly, do not say anything to the police.  Exercise your right to be silent because anything you say can and will be used against you no matter what the police tell you.

Frances Ruiz · Answer

You could be charged with endangering the welfare of child or worse some sort of sexual assault charge.  Before you speak to the police, retain an attorney.

Cynthia Henley · Answer

You need to talk to a lawyer immediately. Do not talk to police before meeting with a lawyer. You could be charged with some kind of sexual offense. They will not listen to your side of the story, even if they ask for it. If she says you did something, you can expect to be charged.

Jacob P. Sartz · Answer

I'd recommend you retain an attorney. Because she is a minor and because of the allegations, you could be charged with a serious offense depending on what exactly she told the police.   Ultimately, anyone charged is presumed innocent until proven guilty beyond a reasonable doubt. Anyone charged with a criminal offense has a right to council. If the crime is punishable by jail time and if they cannot afford to retain a lawyer, the court may appoint a defender at the public's expense. When someone charged is arraigned, the presiding judge or magistrate will advise them of their charges. In some instances, an arraignment may be waived.

Mark R. Thiessen · Answer

Youa re in some serious trouble and need to hire a skilled sex assault trial attorney in your area.  She can outcry and a skilled attorney will get your story to light.  But it is going to be an emotional battle.

Thomas Tomko · Answer

Your case will be investigated.  You may even be questioned.  It is imperative that you have an attorney with you when questioned.  To do otherwise could help get you convicted.  The likely charge in your case is, believe it or not, Criminal Sexual Conduct.  If there is an unwanted touching for sexual gratification, then it can result in a CSC charge.  It could also result in your having to register as a sex offender, if convicted.  Therefore, you should immediately hire an attorney to represent you in this matter, prior to even questioning, as the simplest seeming statements may actually be statements which lead in a conviction I hope that this was helpful.

Gabriel Dorman · Answer

You should immediately hire an experienced criminal defense attorney to represent you. Do not just sit back and wait for the police to contact you. Also, do not talk to the police or anyone else about this situation. if the police happen to contact you, do not speak to them about any of this. Politely tell them that you will be hiring an attorney to represent you and you will have that attorney contact on your behalf. Again, do not make any statements to the police. You need to protect yourself as these sorts of allegations are incredibly serious and, if found true, could potentially result in a lengthy prison sentence. Any statements you make to the police, family members, neighbors, friends, etc. can and will be used against you if there is a police investigation. Also, stop posting any information about what may or may not have happened on these forums as this information can be used against you as well. The best thing you can do for yourself at this point is to hire a criminal defense attorney to help you. Do not take this lightly.

Michael Palumbo · Answer

You need to retain counsel to contact the police to see if they are planning on arresting you. If so you should turn yourself in and let the process begin.

Seth Schraier · Answer

The police will only make an arrest if they believe there is enough evidence to constitute a crime.  This may still happen if she has gone to the police to report this.  What you should do in the meantime is consult an attorney, and have one on hand, because if you are arrested you want one to be present immediately.

Stephen Freeborn · Answer

You say in your "facts", that you went into her bedroom and "somehow closed the door".  This causes me to raise an eye brow, that perhaps something more happened than you have disclosed.  You also do not say how old you are, or what sex you are.   These allegations are serious.  You need to consult with an attorney because, yes, you can be arrested, and yes, charges could be filed. What those charges would be depends upon what she says you did, what your age is as compared to her.  Charges could be rape?, indecent liberties?, communication with a minor for immoral purposes?, sexual assault?,  domestic violence?

Craig Elhart · Answer

The police will investigate the complaint and make a report to the prosecuting attorney.  The prosecuting attorney will then determine what criminal charges, if any, to authorize.  Until the prosecuting attorney has reviewed a police report it is only speculation as to what might happen.  Remember, if the police contact you, anything you say can and will be used against you in the matter.  You have the right to remain silent and don't have to talk to the police.

Daniel Guerrero · Answer

If the police contact you, you should tell them you want to cooperate because you did not do anything wrong but that this is a very serious allegation and you want to talk to a lawyer first.  Get the officer's name and number and call a good lawyer.

Jonathan Baner · Answer

It varies incredibly wildly with what happens. You have two options: 1. wait and see what, if anything, the state brings up; 2. Hire a private attorney to get the screws a turning to attempt to cut it off at the pass - it is easier to get a case not charged than it is to get one dismissed (sort of).  Please do not post additional detailed facts (if possible delete this posting).  Prosecutors are not stupid and will check fact patterns attempting to find incriminating statements made online supposedly in an anonymous capacity.

John DeVito · Answer

This is a serious matter and the police will treat it seriously.  You are likely to be charged with indecent assault and battery on a person over 14 years of age. It is a felony and is punishable by up to 5 years in state prison.

John Bussman · Answer

It's impossible to say whether or not you'll be arrested or charged, and if so what the charges would be without knowing a lot more about the strength of the evidence against you.  Be extremely wary of any attorney who makes specific predictions, because they can't possibly know what they're talking about at this point.  This could obviously be very serious.  Even being accused of crimes against children can have lasting effects on your career, your family and your life.

Paula Drake · Answer

You need to have representation before you are contacted by law enforcement; you need advice immediately in order to protect yourself  against some potentally serious charges. What you do now could affect the outcome. Call a lawyer now.

Jared Austin · Answer

This can lead to serious charges so you need to be very careful in what you do and say. Keep in mind that no one has to talk to the police and if you do you have the right to have an attorney present. I would seek out an experienced criminal defense attorney just to at least go over the case and determine what your next course of action should be.

Jeff Yeh · Answer

The best way to avoid a charge at this stage is not to talk to anyone about this other than an attorney. Remember, you have the right to remain silent, and if law enforcement cannot get any incriminating statements from you, they may not go ahead with a criminal complaint.

David Lee Smith · Answer

Do not discuss this situation with anyone and under no circumstances discuss this with the police. Get to the nearest attorney (criminal defense attorney) and don't look back.

Jason Savela · Answer

You are about to be charged with sexual assault on a child, a very awful situation.  It can be a lifetime of prison.  Please take this seriously.  You need to get an attorney immediately.  You should not discuss this situation with anyone except your attorney.  Anyone except an attorney can be forced to testify against you as to what you have said.  You may not even know what might hurt your side of the case.  The DAs and cops will assume she is telling the truth.  They might suggest they want your side or help proving her wrong, but that is a lie.  Sometimes, cops will have the "victim" call you and ask you to apologize or just confirm what actually happened.  This is a recorded call conducted with police listening and suggesting questions etc.  Feel free to listen, but I would not say anything.  You will hear it again in trial.  This stuff is too important to forget and hope it goes away.  Get an attorney that you can trust to help you.  Criminal Defense that has sexual assault trial experience - more the better.

Louis Leibowitz · Answer

You need to see a lawyer right away. These cases are taken very, very seriously. You may be charged with child abuse, assault and various sex offenses. Be wary of covert attempts by the police to get you to "confess" to your niece.

James Edward Smith · Answer

Depending on what your niece said that you did you may be questioned, asked to take a lie detector test, summoned to court or arrested.  It's time to lawyer up.

Steven Fairlie · Answer

You will likely be charged with indecent assault, but you really won't know the charges until the arrive since you don't know what she told the police.  The police may mail you paperwork or may come to your home to arrest you.  You should retain a very good lawyer without delay.

Harley Gutin · Answer

Talk to no one until you have talked to a lawyer.  Do not talk on the phone.  An alleged victim can have the police on the line recording the conversation (in a "controlled phone call") and you may say incriminating statements even an innocent "I am sorry".  Do not talk to anyone.  This is a very serious allegation.  A simple answer cannot be given over the internet.  You need to see a lawyer immediately that deals with criminal law.

Eric Sterkenburg · Answer

When the police come out on this call they will question the girl and everyone there to find out what they think happened. They will file a report and a investigating officer will be assigned to the case. the investigating officer will contact you and ask you to come in to tell your side of what happened. DO NOT TALK WITH THE POLICE WITHOUT AN ATTORNEY PRESENT WITH YOU! this is your right. During the questioning ie interagation the police are allowed to lie to you. they will tell you that they have more information than they have and try to get you to admit to the act. If the police think that they have a case against you they will arrest you. If they charge you based upon the girls story as you told it you would be charged with a violation of California penal code section 288. P.C. 288 . (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof , of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child , is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c) (1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child. If you are found guilty of this you will have to register as a sex offender for the rest of your life. As you can see this is searous. You need to consult with an attorney as soon as you can.

Jared Altman · Answer

It sounds like the charge could be Harassment in the Second degree, Sexual Abuse or possibly Forcible Touching. If the police want to interview you tell them that you want a lawyer present.  Don't meet with the police without a lawyer. That's a very bad move. If they charge you then you will stand a much better chance if you haven't been interviewed.

Kenneth Wincorn · Answer

Be careful if the case has been filed not to interfere with the witness. It is best to consult a lawyer.

Carina Laguzzi · Answer

First, do not talk about this case to anyone.  Second, you should assume the   police are doing an investigation.  There is nothing you can do to prevent   this and if they are going to arrest, there is nothing you can do to prevent   that either.  You could go and hire an attorney now but don’t have to until   (and unless) you are arrested.  Have some money set aside for bail and   someone you trust have access to it if you are arrested.  If you are, you   will need a criminal defense attorney with experience in sexual assault cases.

Michael J. Breczinski · Answer

The charge could be CSC (Criminal Sexual Conduct) and it can carry either 2 year or 15 years depending on if there are aggravating circumstances. DO NOT TALK TO THE POLICE. At least not without an attorney. This is serious and you could (if convicted be on the sexual offender list and be required to report regularly to the police and not live in certain places. YOU NEED AN ATTORNEY.

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What do I do if my niece is claiming that I assaulted her?

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