QUESTION
How can I clear this sexual assault charge?
Asked on Dec 08th, 2011 on Criminal Law - Texas
More details to this question:
In 2004, I was accused of sexually assaulting my 4 year old daughter by her grandmother who had custody of her. The biological mother was incarcerated at the time and according to the grandmother it was all my fault. In the DA's report it states that my daughter was sleeping in bed one night and licked her grandmother’s arm which lead the grandma to ask my daughter where she learned that. She said that she learned it from me. The grandma then asked where I licked her and she said that it was on her private part. The grandmother report it and I was arrested. The basis was the medical record that there was a tear in my daughter’s hymen at 3 and 4 o’clock. Now this can also be caused by normal child activity like riding a bike. Six days later my daughter had an appointment at another center which found no tear or anything sexual done to my daughter. I did not commit any sexual assault and I want to clear this issue.
8 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Were you convicted?
Answered on Jun 20th, 2013 at 12:43 AM
4 Awards
You cannot have a record cleared entirely, even where you were not prosecuted. But depending on your circumstances you might able to have notations added to your records (see statute below), but in my view you'll need an attorney. 13-4051. Entry on records; stipulation; court order A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared. B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court. C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure.
Answered on Feb 13th, 2012 at 8:07 AM
Consult an attorney right away. I have seen too many innocent people get convicted of sex crimes. The public, and, sadly, many judges thrown presumption of innocence out the window when it comes to sex crimes.
Answered on Feb 10th, 2012 at 12:01 PM
From your explanation I am assuming that you either plead guilty or were judged guilty. If you plead guilty you gave up your rights to an appeal. If you were judged guilty you passed the date to file an appeal. If you were not sentenced to state prison on the charges then you can file a petition for expungement. However, if you have a requirement to register as a sex offender expungement will not release you from that requirement.
Answered on Feb 10th, 2012 at 11:16 AM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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The basic statute concerning the question comes from RCW 10.97.060, and that is a starting point for non-conviction data. There is also a court rule that permits a superior court to seal records, but that is "a less good" ground........ I am not sure if this is in Arizona. If it is I have no idea. I should only be sent questions related to Washington State. In Washington see my first two statements as the initial starting point, and then contact a criminal defense attorney.
Answered on Feb 10th, 2012 at 7:42 AM
If you already plead guilty then the ship has sailed, nothing you can do now since it is a sex case. If you haven't then it is time to shop for a defense attorney.
Answered on Feb 10th, 2012 at 7:26 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sexual Assault cases (especially against children) are really "hot" issues. There are a lot of political and legal implications. You have given me some base factual information, but I do not know how far into the legal process you got. You REALLY need to consult, and retain, an attorney in your area who can help you through these issues. Good luck.
Answered on Feb 10th, 2012 at 7:25 AM
3 Awards
You need to hire an attorney and fight this. There is no way a DA will listen to you and dismiss you. You are looking at serious prison time if found guilty. You need to hire the best trial attorney that you can afford.
Answered on Feb 10th, 2012 at 7:21 AM