Asked 5/23/2016 – Austin, TX

If a therapist, forensic interviewer and medical doctor confirm child sexual abuse in a 3 year old… plus perp (dad) refuses supervised visitation as ordered by the judge for current TRO. Is that enough evidence for the DA to prosecute?
Father states he will only see son unsupervised therefore waiving his opportunity to see his child.

Answer

It would be up to the District Attorney to determine if enough evidence exists to file any particular case. In my opinion, however, it is a BIG leap to go from 1) a child has been confirmed to be a victim of sexual abuse, plus 2) Dad refuses to exercise visitation, to 3) Dad committed the sexual assault beyond a reasonable doubt.