Legal Question in Criminal Law in Pennsylvania

My daughter and husband always got along up to two years ago. In fact she has gotten a little out of hand and we have had to be more strict with her. All of a sudden she said my husband has been sexually abusing her for years . Cps came to the house my husband had to leave and then my daughter turns around and saids if I would have left him this would have never happen. She then tells me that is never happen she was mad because he took her iPod so can any of this be fixed before its too late? Can so tell them the truth and my husband can come home?

Asked on 3/16/13, 4:26 am

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire
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Both your daughter and husband need attorneys. Your daughter needs an attorney to assert 5th amendment privilege and hour husband to defend against the underlying charge.

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3/16/13, 5:27 am
Justin Gearty Law Office of Justin C Gearty Jr
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I agree with the previous poster. They both need attorneys asap. The police will not generally just go away when these sorts of allegations have been made. Neither of them should make any further statements to the police. If she lied to the police, she risks being charge with making a false report, which is why it is important that she not make any further statements and is the reason that she needs to retain an attorney asap.

Your husband should not make any statements because any and all statements can and will be used against him. By making a statement, he is not going to make the situation any better and in fact, he would just risk making the situation worse. I have seen the State prosecute these sorts of crimes based solely off of the word of the victim. As I am sure you are aware, these sort of potential charges are very serious and a conviction could lead to years in prison. Even if he would ultimately be found not guilty or the charges would ultimately be dropped or otherwise dismissed, just by having the charges filed could have negative consequences, such as damage to his reputation. Because of all of that, it is important that he retain an attorney right away so the attorney can begin investing his claim and so the attorney can try to speak with and negotiate with the police.

If your husband has not retained an attorney and would like to do so, please feel free to have him call me. My firm offers free consultations. My firm handles cases in your area and we have experience with sex offense cases.

Please click on the following link to see an article written regarding a recent sexual assault case that I handled where we were able to obtain a dismissal: http://www.geartylawoffices.com/blog/?p=47

Of course, past results do not guarantee similar future results as each case is different.

Justin C. Gearty Jr., Esquire

Owner and Managing Attorney

Gearty Law Offices

Ph: 717-490-6325

Email: Justin.Gearty@gmail.com

Website: www.GeartyLawOffices.com

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3/17/13, 1:29 pm

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