Legal Question in Sexual Harassment in California

My friend's parents are divorced. She was molested a couple weeks ago by her mother's boyfriend. She does not want to contact the police because she is afraid her father will then get full custody of her and she will never see her mother again. Her mother broke up with her boyfriend after learning about what he did to her daughter and threw him out of the house. Is it true that she would not be able to see her mom again if she reported the abuse?

She also just told me this today:

My mom's boyfriend has come to the house 2 times since the incident, to work on some electrical things in the garage and in the house: he is a handyman. However, i was never home and my mom asked me if it was ok (but its not like i had a choice... the only answer was yes). He is also going to work on one of my uncle's houses in L.A. coming up soon. My mom didn't even ask if that was okay. I have no idea if they are getting together when I'm not home or what is happening. That's what I'm scared of.

When it happened, I immediately rushed into my mom's room after he had left the room and gone downstairs. After we talked/cried/etc. for about 2 hours, she went downstairs and said that he needed to leave the house. However, he didn't remember anything happenning, he just thought he was testing my blood sugar and that's it. After many therepy sessions with my mom and him, he began to remember. Now he rememberes the whole thing, but because he didn't in the beginning, my mom chooses not to hold him accountable entirely. Frankly, i dont even know if i believe that he doesnt remember... he mightve made it up. He probably made it up. Do you know if my dad would get full custody if this new information was in the picture?


Asked on 2/26/11, 7:29 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Your friend hates her Dad so much that she'd rather be molested? Why does she feel she'll never see her Mom again if Dad gets custody? Certainly the court would give Mom visitation rights.

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Answered on 2/27/11, 1:37 am
Terry A. Nelson Nelson & Lawless

She either pursues her claim or she doesn't. She should not let criminal behavior go unreported and unpunished. If she is serious about doing so, feel free to contact me to discuss her rights and remedies, both criminal and civil lawsuit for damages.

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Answered on 2/28/11, 1:25 pm


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