A father was recently accused of sexually assaulting his 4 year-old daughter. The allegations stemmed from alleged reports by the little girl to her mother that her father touched her vagina with his mouth and penis. The father and mother were not married. The two shared a romantic relationship years ago while in college. The mother became pregnant at or near the time she and the father broke up. She never informed the father of her pregnancy. Rather he learned of it two years later upon receiving notification from the state of a child support obligation. He thereafter petitioned the court and was successfully awarded both joint custody and visitation of his daughter. The mother and father lived apart and in separate states. They each also have significant others. The daughter resides with her mother and motherӳ boyfriend full-time but shares weekends with her father and his girlfriend. The allegation was that the father committed sexual assault during a weekend visit. The allegation spurred both a criminal investigation and family court action to suspend the father’s rights to custody and visitation. The father a local fireman and potential police academy recruit retained Attorney John L. Calcagni to represent him in connection with these matters. The man maintained his innocence and claimed no opportunity to have committed the alleged acts. Attorney Calcagni and his office immediately conducted an independent investigation of the allegations. First he shut down communications between his client and Department of Children and Families and law enforcement authorities Second he interviewed all potential witnesses to the daughterӳ visits as well as to both the motherӳ and father’s character and reputations. Third he coordinated a polygraph or lie detector test which the father passed with flying colors. Fourth and lastly Attorney Calcagni assembled all of this investigative materials and presented them to law enforcement authorities during a police interview with his client. As a result of these collective efforts Attorney Calcagni successfully negotiated to have the criminal investigation of his client closed with no criminal prosecution. He also successfully negotiated for dismissal of the family court matter and full restoration of his clientӳ parental rights.
Criminal Case Result:
- Child Sex Assault Investigation: Case Closed Without Prosecution