Sex Crimes, Sex Offenders 14 yr old Sexually Assaulted

[dadof2]

My 14 yr old daughter was spending the night at a friends house. She and her friend went to the park & didn't return to the friends house until the following morning. The friends parent made no attempt to contact me or my ex-wife to inform us our daughter was missing all night. They ended up at the apartment of a 22 yr old where my daughter was provided alcohol and was sexually assaulted by an 18 yr old. Do I have any recourse against the parent we entrusted our daughters safety with? Every time I've dropped my daughter off I've spoken with the father to ensure the girls would be in the house before dark, they would be there all night and that he would be home all night. My ex-wife dropped her off this particular day so I'm not positive she had the same conversation this time.
Any recourse against the other individuals that were present in the same room and did nothing to stop the assault (ages 14, 17, 22)?
We've already filed a report with the police who are investigating the assault.

 

[seniorjudge]

What did the parents do that was negligent?

 

[dadof2]

They made no attempt to contact the girls to determine their location/safety. They made no attempt to contact me so I could locate my daughter. I'm fairly sure there is a 10 p.m. cerfew in Gilbert, AZ. My daughter made a VERY bad decision and has obviously paid a very high price for that decision. However, when I allow someone else's child to spend the night at my house, I accept full responsibility for that child's safetly and wellbeing.

 

[seniorjudge]

They made no attempt to contact the girls to determine their location/safety.

Give some facts and details.

This, by itself, would not make them liable.

 

[Duranie]

I am in Chandler. I know Chandler has a curfew but not sure about Gilbert. Unless somebody complains, police do not know who is violating the curfew.

The Gilbert PD has a pretty good detective unit, we just wnet through them for a similar crime. Was your daughter examined immediately after?

i do not see how the other kids at the house can be held liable. They are minors and probably did not know what was going on but there might be some endangerment charges against other adults in the house.

The 18 year old committed a serious crime and hopefully he will be arrested.

You also might have a civil suit against this girls parents.

Good luck

 

[CdwJava]

There are a number of issues that come into play here, not the least of which is just what you mean by "sexually assaulted". Are we talking forcible rape, consensual but unlawful intercourse (which would be - by definition - statutory rape), fondling, groping, ... what?

Next, there are going to be a lot of questions about how the girls got there, why they were there, and what their intentions were.

Might the parents be negligent? Maybe. You might consider consulting an attorney, but I'm going to think that the damages are going to be minimal - particularly if the parents did not KNOW the kids were sneaking off to see older boys or did not assist them in any way. I doubt they are going to be held liable for the girls cutting out.

Whether the 18 year old or any of the others can be charged with a crime or successfully prosecuted will depend on what can be proven in court. If he did commit a crime, I hope he's prosecuted. In the meantime, I suggest a long talk with your daughter about her sneaking out to kick it with friends or men. Perhaps a shorter leash for a time might be in order as well.

- Carl

 

[calalily]

Did your daughter tell you this occured? I do hope you did have her examined as Duranie said. Please get her counseling as she may begin to act out in other ways, particularly if the 18 year old is unable to be charged. If you file a civil suit you would have to show monetary loss such as medical bills (which include counseling), that your insurance do not pay for. I am unsure of punitive damages but since it was an assualt that may be possible. Did they sneak out after the parents were asleep or just didn't bother to come back to the house? You would have to prove that they knew the girls were out and about and did nothing.