Can I get prosecuted for kidnapping by taking my child’s friend home as he had reported facing child abuse?

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Question:

My son is 13 years old and goes to middle school. One of his best friends has apparently been facing beatings and abuse from his parents. One day after school as I am picking my son up, his friend is with him and panicking that he can’t go home cause his dad will hurt him. He wanted to go to my house and call the police. We filed the report but now the boy’s parents are attempting to sue me for kidnapping? Will I be prosecuted?

Answer: (1)

It is a good thing you notified the Police immediately and reported the child abuse your son’s friend is facing. Considering the details of this situation with both your son and his friend willing to contest on your side, I highly doubt you will be charged with kidnapping. Also you have evidence of filing the police report before for child abuse before the kidnapping allegation was made.

However, this case can and may go to court as the abuse victim’s parents can legally press charges, however, you probably will not be convicted. The children are minors and even though their word will count in a court of low, the laws and legal system will have to play its course.

My advice to you, consult with a Criminal Defense Attorney immediately. You should be alright.

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