Child Abuse, Molestation, Porn Assignment of victims to charges.

[Robert Chamblin]

Jurisdiction

Ohio

I have a family member who is currently serving time for child abuse. Two of the counts that he was convicted on had no victims assigned to the charges. Is that legal? I would have thought that there would have to be victims assigned to each charge. The decision of conviction was left to the jury, who I'm uncertain would have known which charges went to which victim. Please let me know, as his mother thinks he can get a new trial and is holding onto hope for what I feel may be a lost cause. Thank you in advance. Robert Chamblin

 

[Tax Counsel]

I have a family member who is currently serving time for child abuse. Two of the counts that he was convicted on had no victims assigned to the charges. Is that legal? I would have thought that there would have to be victims assigned to each charge. The decision of conviction was left to the jury, who I'm uncertain would have known which charges went to which victim. Please let me know, as his mother thinks he can get a new trial and is holding onto hope for what I feel may be a lost cause. Thank you in advance. Robert Chamblin

There is no way to know without reading the statute and the related case law. What the state had to prove were the elements of the offense charged. Whether that required specifically identifying a particular victim depends on what those elements are. But I can tell you this: it's extremely unlikely that this will result in overturning the jury verdict and getting him a new trial. When there is trial to a jury the jury is instructed on the law they are to apply to the facts of the case. Assuming the jury instructions were proper then presumably the jury applied the law when making its decision and that can't be attacked after the fact. If the jury instructions were improper then he could have appealed his conviction on that basis but the time to appeal that conviction is quite short, generally less than 90 days and maybe as short as 30 days after the conviction and sentencing. If that time is gone, he has likely lost his opportunity to appeal the matter.

He can have an attorney in the state he was convicted review the matter and advise him of whether there is any realistic chance to overturn the conviction and get a new trial and whether it is likely a new trial would have a different outcome.

Hope springs eternal and his mother may be holding on to a hope that in this instance may not be realized. If he committed child abuse offenses he might be coming home anytime soon.

 

[flyingron]

A crime is not a victim vs. perpetrator case. Understand that it is society that is harmed by criminal behavior, and the state represents the interests of the people in that prosecution. TaxCounsel pretty much lays the prospects out for you.

 

[zddoodah]

Two of the counts that he was convicted on had no victims assigned to the charges.

Please explain exactly what you mean by this.

Is that legal?

Well...if there was a viable argument that it wasn't, his defense attorney would have made a stink about it, right? Did the attorney do that? Or your relative would have appealed the conviction. Did he do that?

his mother thinks he can get a new trial

You didn't say when the conviction occurred, but seeking a new trial needs to happen almost immediately after the verdict is rendered, so this is something your relative needs to discuss with his attorney ASAP.