Can we take legal action after our daughter was molested?

Full question:

My daughter was exposed to sexual masturbation when she was 5 by another girl who was 8 during their play date over at another girl's house. When we reported to DYFS my daughter revealed that she was afraid of the girl's mom because when she asked to go to the bathroom she was not let into the house by girl's mom and the girl made her go under trampoline, made her take her under the trampoline and touched her privates. More than a year past and she said that she still remembered it and was still afraid of the girl's mom and that the whole thing bothered her and that she was afraid to say no to a girl because she did not want to lose her as a friend. We reported back in April this year to DYFS and police. In return an anonymous report was made on us that we lock our daughter in her room and sleep for hours, that we neglect her. It was clear to DYFS and police that this report was false and was made as retaliation right after molester's parents were visited by DYFS. The case against us was closed but we are not able to find out the results on our report. DYFS advised us only to speak to school principle and police advised us to move to another region that our daughter will not attend the same school with the other girl. Is this a right solution and can we take any legal actions? Our report to DYFS was anonymous. should we report it again and escalate it against girl's parent since sexual molesting took place under their property and because of lack of supervision?

• Category: Child Abuse
• Date: 04/07/2025
• State: New Jersey

Answer:

Deciding whether to take further action is a personal choice. In New Jersey, a person who is not a parent can file a petition in court to assess another parent’s child's welfare. If the court issues a final order, it can be appealed. Such actions are civil and focus on custody rights regarding a child deemed unable to receive proper care. You can also pursue criminal charges for abuse against your child.

The type of action depends on whether you hold the child or the parent responsible for the harm, and whether there was sexual penetration involved. It's advisable to consult a local attorney who can evaluate your specific situation.

Relevant New Jersey statutes include:

• 9:6-8.9 defines an 'abused child' as one who has suffered physical or emotional harm, including sexual abuse.
• 2C:14-2 outlines the definitions of sexual assault and aggravated sexual assault, particularly involving minors.

Additionally, you may report the incident again to DYFS or escalate it against the girl's parents, especially since the incident occurred on their property due to inadequate supervision.