Child Sexual Abuse Charges

Summary

Victims of child sexual abuse may face complex legal situations. Charges like production of child pornography, distribution of drugs to a minor, and aggravated sexual assault can be added later. Prison calls are recorded and can be used in court. Its crucial to inform authorities about any ongoing harassment and consider obtaining a restraining order. While the defense might attempt to argue consent or question evidence handling, these are unlikely to succeed given the circumstances. Consulting with an attorney is highly advisable to ensure rights are protected and to navigate the legal process effectively. Legal aid organizations can provide assistance in finding representation.

Full Conversation

I’m a victim of child sexual abuse by a man who was 42 years old when I was *-15 years old and he started giving me drugs and having sex with me. The drugs he gave me were Methamphetamine, and once he would get me really high he would take me to hotels and then record and film him having sex with me. There was a total of about * videos that were made of this happening, and I was able to get access to these videos from his phone and send them to myself to report him when I was able to. during the time he was abusing me, I lived with him because he was my friends dad who agreed to give me a place to live, and the abuse went on for four years until I turned * and moved out of the house. I made the report to law enforcement when I was *, because while it was happening, whenever I threatened to call the cops if he didn’t stop abusing me, he would grab me by my neck and choke me while threatening to kill me and my family if I ever told the cops what he was doing to me. He was arrested last month, but the charges that were on the arrest warrant didn’t include child pornography, even though clearly the video evidence I provided to the cops was child porn. Does that mean that he won’t be charged with producing child pornography with a minor since it wasn’t on the list of offenses that he was being arrested for, or would it still be a charge in court even though it wasn’t listed on the arrest warrant
’m a victim of child sexual abuse by a man who was 42 years old when I was *-15 years old and he started giving me drugs and having sex with me. The drugs he gave me were Methamphetamine, and once he would get me really high he would take me to hotels and then record and film him having sex with me. There was a total of about * videos that were made of this happening, and I was able to get access to these videos from his phone and send them to myself to report him when I was able to. during the time he was abusing me, I lived with him because he was my friends dad who agreed to give me a place to live, and the abuse went on for four years until I turned * and moved out of the house. I made the report to law enforcement when I was *, because while it was happening, whenever I threatened to call the cops if he didn’t stop abusing me, he would grab me by my neck and choke me while threatening to kill me and my family if I ever told the cops what he was doing to me. He was arrested last month, but the charges that were on the arrest warrant didn’t include child pornography, even though clearly the video evidence I provided to the cops was child porn. Does that mean that he won’t be charged with producing child pornography with a minor since it wasn’t on the list of offenses that he was being arrested for, or would it still be a charge in court even though it wasn’t listed on the arrest warrant
’m a victim of child sexual abuse by a man who was 42 years old when I was *-15 years old and he started giving me drugs and having sex with me. The drugs he gave me were Methamphetamine, and once he would get me really high he would take me to hotels and then record and film him having sex with me. There was a total of about * videos that were made of this happening, and I was able to get access to these videos from his phone and send them to myself to report him when I was able to. He was arrested last month, but the charges that were on the arrest warrant didn’t include child pornography, even though clearly the video evidence I provided to the cops was child porn. Does that mean that he won’t be charged with producing child pornography with a minor since it wasn’t on the list of offenses that he was being arrested for, or would it still be a charge in court even though it wasn’t listed on the arrest warrant
Can the defendants attorney use phone calls that the defendant made from prison to the victim to build a defense against the victim?
Yes, phone calls made from prison can be used in court by either party, including the defense, if they are relevant to the case. Prison calls are typically recorded and monitored, so the content of these calls could be used as evidence.
Is there anything specific about the phone calls that concerns you?
Yes. I am the victim, and the defendant was arrested for sexually abusing me when I was a teenager (*-*) years old and he was *-46 years old, during the time that he was giving me a place to stay. The defendant has been calling me nonstop from prison, and I have a feeling like his attorney might be trying to make it seem as if the defendant didnt hurt me or like I was willing to the abuse
Hi ****, I'm really sorry you're going through this. The defendant's behavior and the evidence you've provided are serious. Here are some points to consider:
- Charges can be added later as the prosecution builds its case.
- Prison calls are recorded and can be used in court.
Have you informed the authorities about the defendant's calls from prison? It might be beneficial to get a restraining order.
What charges could be added later
****, based on your situation, the following charges could potentially be added later:
- Production of Child Pornography: Creating and distributing explicit material involving a minor.
- Distribution of Controlled Substances to a Minor: Providing drugs to a minor.
- Aggravated Sexual Assault: Severe form of sexual assault due to the use of threats and intimidation.
- Possession of Child Pornography: Holding explicit material involving a minor.
- Intimidation or Threats: Threatening to harm you or your family.
Have you discussed all these details with the law enforcement or your attorney?
He no longer had possession of the child pornography as I had deleted it from his phone after sending it to myself to use as proof that he was abusing me, because he would use those videos to get off to them and it made me sick
He wouldn’t be charged with possession of that evidence because I deleted it from his phone.
He wouldn’t be charged with possession of that evidence because I deleted it from his phone after sending it to myself to prove that he was abusing me. Does that mean that I could be charged with possessing the child pornography?
Is there any valid defense that the attorney could try to use against me as the victim of the defendant statutorily raping me?
****, it's unlikely that the defense could successfully turn the situation against you given the evidence and circumstances. However, they might attempt to argue:
- Consent (although legally invalid due to your age)
- Questioning the authenticity or handling of evidence
Have you consulted with your attorney about these potential defenses?
I haven’t yet gotten an attorney for my case, because the detective working on my case said that I wouldn’t need one, however should I?
****, given the complexity and severity of your case, it would be highly advisable to get an attorney. They can provide legal advice, ensure your rights are protected, and help navigate potential defenses the other side might use. Have you considered contacting a local legal aid organization?
What should I say when I call to ask for an attorney?
When calling to ask for an attorney, you can say:
"Hello, my name is ****. I am a victim of child sexual abuse, drugging, and filming by an older man. He has been arrested, but I need legal representation to ensure my rights are protected and to navigate the ongoing legal process. Could you assist me with this case?"
Based on what I’ve shared with you, are there any other things I should share in the initial call?
Hi ****, you might also want to mention:
- The defendant's ongoing calls from prison and your concerns about them.
- Any threats he made to you or your family.
- The video evidence you have and your actions related to it.
- Any drug-related aspects of the abuse.
This will help the attorney understand the full context and provide the best representation.
Can you please incorporate these aspects into your suggestion of what I could say when calling?
Sure, ****! You can say:
"Hello, my name is ****. I am a victim of child sexual abuse, drugging, and filming by an older man. He has been arrested, but I need legal representation to protect my rights and navigate the ongoing legal process. The defendant is calling me from prison, and I'm concerned about these calls. Additionally, he made threats to me and my family. I have video evidence of the abuse and there are drug-related aspects involved. Can you assist me with my case?"