Sick and Twisted

Ok, long story so I will sum it up. The state is Ohio, man sexually abuses step daughter. He gets a nolle prosequi to a gross sexual imposition a felony 3, and gets charged guilty with abduction. the girl is 9. its in an open public parking lot in the middle of the day. there was no abduction about it. they were merely at the mall and he did this to her. now, 14 years later she wants to pursue this. take it all the way. she is 24 now and it still haunts her. he only got 4 years probabtion and 30 days in franklin county workhouse. this is not justifiable. this man is sick and twisted. what can this girl do. she needs to move on with her life, this man haunts her everyday. he needs to pay for what he done. There are several small children in his world.

please help

Do you understand what 'nolle prosequi' means? It means that, in all likelihood, in this case, the prosecutor was not in possession of enough evidence to proceed with the charge that you are now stating you wish to pursue. That is precisely why the lesser charges were brought. Perhaps the abduction came into play when the child was, for example, lured into a car--even if the vehicle never left the parking space. I am certain that the act that was committed met the legal definition of abduction, or the perpetrator would have been acquitted.

Unfortunately, (and generally speaking of criminal law in general) when a person is charged with a crime, and the case is adjudicated, it is not possible to have them "re-charged". This means, in laymans terms, the case HAS already "gone all the way". The defendant was charged, convicted, and sentenced, and served the sentence given to him. The fact that it seems like mere pittance for a young life ruined is, sadly, beside the point. Unless there is an ADDITIONAL crime, he cannot be tried again for the same crime. Should you attempt to have him charged again, he would plead autrefois convict--meaning previously convicted.

You cannot take him to court again and have him tried criminally. However, it is possible you could win damages against him civilly--since the statute of limitations has not run out yet. (Note: Civil means *money*. This action, in no way, means that he would go to jail---civil is completely separate from criminal).

Another suggestion--I would consult with an attorney about what you can do LEGALLY about the fact that he was/is a child abuser and that there are children with whom he comes into contact. Keep in mind, you can be sued for slander/libel ( spoken and written versions of the same act) if you begin telling people he is guilty of a crime the court says he is not. An attorney can assist you in, first of all, explaining how and why the case was pled down, and why the sentence imposed was as it was. An attorney can also let you know your legal options regarding the fact that you believe there are children in his life who are at risk. This will keep you from liability, while still, hopefully, protecting the children.

Does this person have to register as a *** offender?

A final note: Counseling. Domestic abuse and victims assistance programs can help you find counseling--low cost, or even free. Do ask .

Closure begins with the victim and I believe the first thing she can do is to educate herself. Ohio passed the *** Offender Registration and Notification Law (SORN) in 1997, which required all sexual offenders to register (in some form or another) and from what I've researched, this appeared to be retroactive to include those already incarcerated. (see Akron Police Department.) Regardless of the fact he wasn't incarcerated, but received probation instead, she should be able to contact her local sherriff's office to determine whether or not it also applies to those who were convicted under the same circumstances as you've posted above (i.e. noelle prosequi to a gross sexual imposition, felony 3, and guilty with abduction) and whether or not any statute of limitations apply (apparently, this occurred quite some time ago.) I'd suggest caution here: be absolutely sure of the actual convictions before the telephone call, so the answer is accurate. There's a county list at the bottom of the webpage, where she can also check as well. Another link from the Ohio Attorney General http://www.esorn.ag.state.oh.us/Secured/p1.aspx gives additional information and resources to check by county and name. She may want to explore that one as well. Obviously, if he's required to register, his information should be current and either office can tell her if any restrictions exist with regard to proximity to minor children, etc. Understand this is only an opinion, but I believe it never hurts to ask.

I've stated this before elsewhere on this forum: regrettably, this isn't an unusual set of circumstances. What I've posted is only one outlet to try (understand it's entirely possible he's not required to register) .. an attorney can better advise her if sufficient cause exists to sue in civil court for damages after such a long time (probably not very likely and probably VERY expensive.) If she needs additional help, the Ohio Attorney General has resources and agencies available through the Crime Victims Assistance Office (Marc Dann Ohio Attorney General - Victim Assistance.)

She isn't alone in this one. Good luck.

Ugggghhh.....Misinformation. The curse of my being.

A free tutorial on exactly WHY you stand a VERY good chance at receiving damages in civil court.

First of all, civil action is different from criminal pleadings in that it requires a MUCH less standard of proof to prevail. In order for someone to be convicted criminally, they must be convicted "beyond a reasonable doubt" ( i.e. 99.9% ). And, we know from her posting there WAS enough evidence for him to be charged and convicted, proving the merits of the case were satisfactory ( i.e. met the 99.9% standard). Also, none of the evidence in that case can be contested now---it is a matter of record.

Civilly, the standard of proof is much lower. Civilly the standard of proof is "preponderance of the evidence" (i.e. 51%). This means that if the jury is convinced by a preponderance of the evidence that indeed what is being alleged happened, they can award damages.

Now. You do the math. See the light?

If the criminal case against this man already MET the criminal standard (99.9)---and considering the fact he PLED guilty ( as opposed to not guilty, but was FOUND guilty), he admitted culpability. Obviously, it is clear a civil court would have no trouble finding him culpable for monetary damages as well. How could they rule that the merits of a case that already MET the 99.9% threshold now suddenly doesn't meet 51%? Ummm, 'kay.

Now, consider these variables: Lets say the poster had NEVER brought charges against the perpetrator. Presume he had never been charged, suppose the crime went unmentioned. Now, 24 years later she wants to sue him CIVILLY for damages. Obviously, it would be difficult since there is no direct evidence that has been preserved, and presumably no eyewitnesses. Clearly, a civil case would be a waste of time and effort given THOSE variables.

But, since there WAS a criminal trial, everything admitted into evidence during that phase would have been established as a matter of the record. It is a relatively simple matter to build a sound civil case since the reality that this horrible act HAPPENED is, in fact, a matter of record and cannot be challenged, changed or added to. A civil case would NOT have to prove this egregious act happened---the fact that it happened is already an undisputed matter of record. Please reread previous sentence until a thorough understanding is gained.

That, gentle reader, is half the battle right there. This is precisely why Ohio allows victims 12 years from the age of majority to bring CIVIL suit against sexual perpetrators of crimes (ORC 2305.111).

This type of case is an attorneys dream from a civil standpoint.

This tutorial brought to you free of charge by those who have actually enrolled in, taken, and passed Civil Liability.

While it is, generally speaking, against my personal rules of conduct to offer more than ONE free tutorial on any given subject per each thread, this time I will acquiesce. Please, hold your applause. No, really. I insist.

RE: usage of the term "nolle prosequi" <Not NOELLE--regardless of how festive it sounds>. A nolle prosequi is an official entry of record in which the prosecutor or plaintiff ( whomever is pressing charges ) states, literally, that the case can or will go no further. You don't "receive" a nolle prosequi, nor do you "Noelle (sic) prosequi" TO any charge. Nolle prosequi is a noun, an entry of record made by the prosecuting entity. Now.... what is confusing is the usage of the term in the original posters context. Usually when a motion for nolle prosequi is made, it is because the defendant is innocent of the charges against him. You need to find out where exactly the usage of that particular term comes into play since, as I mentioned, it is most often used in cases where the prosecutor cannot proceed criminally because there is not enough evidence to so do. That being so, why would the accused enter a plea of guilty at ALL? Do you see how that doesn't make sense? If the prosecutor enters nolle prosequi, anyone with an attorney who ever darkened the door of a law school classroom would tell the state to prove their case ( with the hope that there isn't enough proof of ANY charges). There are other ways nolle prosequi comes into play--such as if a plaintiff is bringing charges against someone themselves (without a prosecutor) and the judge rules there is insufficient evidence to proceed. This does not speak to the defendants innocence, merely a lack of preparation for trial. The purpose of nolle prosequi in this context (and in civil action) is to avoid vexatious lawsuits. You need to consult with an attorney and ask for him or her to explain the usage of the term in this case---because as you have used it here, it doesn't make sense.

In some cases of nolle prosequi, it is possible to bring charges at a later date. HOWEVER--that would not be possible in this instance since, for some reason, he DID plead guilty and the case was adjudicated.

Do check on the nolle prosequi and how it applies to this case. As written, it simply doesn't make sense.

Try to suppress your overwhelming enthusiasm at this copious display of knowledge.

Legal "help" is on the other end of the links I've already posted, via the Ohio State Atty General's Office and your friend's local sherriff's dept. There are licensed professionals waiting to answer your friend's questions and if possible, lay some of her fears to rest, so this hopefully doesn't happen again to someone else, i.e. "small children in his world." There are other licensed/certified professionals associated with your state attorney general (in particular) who will listen, assess and then help her "move on with her life." If that should happen to involve civil litigation, those agencies can direct her to qualified, professional legal counsel, who again will listen, accurately assess and prepare her for what very well may become a painful, emotionally-draining (and possibly unsuccessful) experience. As I've previously stated, an attorney can make that determination..and as I've also already stated, it won't be easy. The links I've provided can help you put your friend in touch with licensed professionals w/impeccable credentials who not only can help but (most important) will have your friend's best interests in mind. From the tone of your post, I assume that's what you want as well. I've posted some avenues for you to help her find someone who will focus on her. (In the interest of forum space, I've posted add'l suggestions via private message above.)

Personally, I think she's fortunate to have such a good friend. Good luck to both of you.

In the interest of forum space? Thats WHAT this forum is FOR. Information. Unless, of course, you don't want to run the risk of having your "information" corrected when it is incorrect.

But, I digress.

Lets review what we already know.

1. The States Attorney's office prosecutes CRIME. This egregious crime has already been adjudicated. Double Jeopardy keeps him from being RE-TRIED.


2. It IS impossible for the accused to be retried (thus ends any cause of action in criminal court.)

3. The only possible cause of action to be made is in civil court. The Sheriffs department and the States Attorney's office has NOTHING whatsoever to do with civil action.

I regret the tone of these posting which falsely indicates that there is a plethora of people waiting with opened arms to assist the victim of this crime. Unfortunately, this is not the case.

If the original poster places a call to the States Attorney's office asking for "help going on with her life", she will, undoubtedly, be cut off, and told to call a psychiatrist, or check the phone book for the number of a civil attorney if she wants to pursue him civilly. To make the poster feel as though the judicial system as a whole is waiting with opened arms to coddle and soothe her fears ( whatever that means) is misguided at best. The system sees victims as insignificant. Telling her that there are "professionals associated <whatever THAT means> with the states attorneys office who are waiting to listen and assess" is, quite possibly one of the more alarming, not to mention ridiculous things I've read in this thread. Where DO you get your information??

Anyone who has ever been given the run around by a government agency, or been placed on hold ad nauseam, or been passed from person to person and voice mail to voice mail KNOWS how difficult it is to get ANYONE to offer assistance, especially when the assistance needed is clearly of a sensitive, psychological nature--and not related to criminal law ( which is the purpose and FUNCTION of the States Attorney's office).

Obviously, if she wants assistance "getting on with her life", she needs counseling and therapy--which she will get only from a psychologist, or psychiatrist, not the States Attorney's Office. Without a strong focus, and reinforced state of mind, even civil action, at this point, would be difficult--NOT from a legal standpoint, but because of the mental and emotional state of the poster. This is NOT a function of the Sheriffs department, nor the States Attorney's Office. They do not offer assistance outside of criminal issues, nor do they provide referrals to civil attorneys, doctors, or therapist. It is cruel to send her on a fool's errand attempting to do so.

"THE SYSTEM" has done all it can from a criminal standpoint. Offering her hope that everyone is waiting to assess and assist, giving her feelings careful concern and due attention is cruel at best and is setting her up for disappointment and failure when everyone in the criminal judicial arena isn't waiting with opened arms and a sympathetic ear to help her in this very singular venture: Recovery.

She has suffered enough.

I want to send a big Thank You out to everyone who gave me their prescious advise. It is such a big help. There is light at the end of every tunnel.

thank you again

There always is when you speak up and ask. Best of luck to you.

First, Jury is still out did a good job the first time... but he omitted the fact that there is a civil statute of limitations that begins running when the victim reaches majority in that state. That means that the victim should pursue a civil judgement against the perp quickly or the limits will stop her from getting an award ... and thereby punishing the creep.

Secondly, "nolle prosequi" does not infer the perp is innocent, Grace, but more likely in this case that there was not enough evidence that could be presented in court at that time to make a case... ie perhaps the child was too traumatized by the event to testify, leaving the case unprosecuted to a verdict...

But since the indictment was handed down, I don't know if that means it was actually tried and cannot be tried again in criminal court. That would be a good question to answer for her, JuryIsStillOut. Doesn't the guilty plea makes it moot?

A Wickipedia quote:
"Further, in many states, citizens have the right to prefer criminal charges as a private prosecution. In such cases, the state has the right to review the evidence in advance of the trial and to determine whether the case should be allowed to go forward. Apart from the issue of vexatiousness, one key factor may be the issue of double jeopardy. Once acquitted, a defendant cannot be tried a second time on the same charges. Private citizens do not have access to the police and other specialised investigation services. The evidence collected may therefore be inadequate to secure a conviction. So long as a jury trial has not commenced, the judgment on an application for nolle prosequi is not an adjudication on the merits of the prosecution, and so the charges may be brought again when more evidence has been collected."

"In some common law states, the ultimate right of supervision over the prosecutorial system lies with the DPP (Director of Public Prosecutions). He or she will decide if the evidence is sufficient to justify a prosecution and provides an automatic check and balance to prevent cases of little merit proceeding."

"Even though the power of prosecution is given to independent prosecutors such as the DPP or the CPS, the ultimate authority to prosecute or not to prosecute lies with a government minister (e.g. the Attorney-General). The government may choose at any time to discontinue a prosecution, if in its view the prosecution is against the public interest."

"The term nolle prosequi is used when a plea bargain is made to a lesser charge or less counts. This does not mean that the defendant is not guilty of these charges, nor does it mean that the defendant has been tried and found not guilty. It means that the state has determined to save tax payers money by not taking the case to trial and the defendant has accepted a lesser charge which grants him/her a guarantee of a lesser sentence."

This quote needs a lawyer to know if it indeed applies in the states... it was from English courts, but refers back to the states several times. So, sometimes quoting from Wickipedia is dangerous if you don't know the law of that instance... So JuryISO? What do you think here?