My ex-wife took my 9 year old daughter to the Camile River on a float trip. She had previous knowledge of the types of unlawful acts that take place in these settings. While on this river trip my 9 year old daughter witnessed an act of indecent exposure, and later told me, my girlfriend, her little sister and other adults of this exposure. Can my ex-wife be held responsible for this indecent exposure because it was to a child and she had previous knowledge of these types of act in this setting?
Answer
Held responsible in what way? Criminally? Perhaps she is demonstrating that she cannot make good choices with regard to visitation with your child but there is not an argument that she can be held criminally liable for the act of another who was not in her control. Even though people act inappropriately to your knowledge, she is not held to a standard of being criminally responsible in this type of situation.
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