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Experience:  Spanish Attorney
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A 24 years woman left her house for 4 years. During her 4 years

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A 24 years woman left her house for 4 years. During her 4 years stay away from home she accused her father of sexual abuse when she was a child. She did that through several emails addressed to his personal and professional email box. He replied to her telling her that she is mentally sick and needs treatment. Her father got her to come back home and when she did he took her with his lawyer to a psychiatrist who diagnosed her with Schizophrenia in one session. Does this free the father of the written accusations of his daughter ? All she said is fake if she has mental problem ?
Submitted: 1 year ago.
Category: European Law
Expert:  PhillipsEsq replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



A 24 years woman left her house for 4 years. During her 4 years stay away from home she accused her father of sexual abuse when she was a child. She did that through several emails addressed to his personal and professional email box. He replied to her telling her that she is mentally sick and needs treatment. Her father got her to come back home and when she did he took her with his lawyer to a psychiatrist who diagnosed her with Schizophrenia in one session. Does this free the father of the written accusations of his daughter ?



Response 1: No.





All she said is fake if she has mental problem ?




Response 2: No. However, if she indeed has mental issues, that may complicate matters, but that would not automatically release the father from the accusation. The daughter can still go to the District Attorney's Office and file complaint and let the District Attorney investigate the case to see if charges can be brought against the father. Also, it is quite strange that the she could be diagnosed with mental issues by a doctor who was referred by her father. It is equally strange that her father had to go to the doctor with his Attorney.

Customer: replied 1 year ago.

What evidence ( if there are no witnesses ) can the victim have besides her memory and emails ?


 


If during these 4 years she lived with a man can the father claim in order to escape the prosecution


1. that she did not actually write the emails


2. that she was under the influence of some drugs or ...


3. That the man with whom she lived, wrote the emails to blackmail the father and requested a ransom to keep silent

Expert:  PhillipsEsq replied 1 year ago.

What evidence ( if there are no witnesses ) can the victim have besides her memory and emails ?

Response 1: I am afraid, if there are no witnesses, which is usually the case in this type of situation, then she has to rely on her memory and the e-mails.

If during these 4 years she lived with a man can the father claim in order to escape the prosecution

1. that she did not actually write the emails

2. that she was under the influence of some drugs or ...

3. That the man with whom she lived, wrote the emails to blackmail the father and requested a ransom to keep silent

Response 2: I am sorry, I cannot speculate on what the father can do or not do.

Customer: replied 1 year ago.

If she " used " these sexual accusations either to slander or as a " victim " to claim some compensation from her close family members what then is she liable off ? What legal action can be taken against her?


 


If she " used " her story to blackmail her close family members by asking for money / property in exchange for her silence ? she threatened to go " public " ? What is she liable off ?

Expert:  PhillipsEsq replied 1 year ago.
I do not have the answers to your follow-up questions, so I will opt out and give another Expert the opportunity to further assist you.

Please do not respond to me because doing so would delay a response from another Expert.

Thank you for your cooperation.
Customer: replied 1 year ago.

Should I expect an answer from any of the other experts ? Have You FWD ed the last questions ? Thank You.

Expert:  José M. replied 1 year ago.
Hi

I share the answer of my collage
The problem is that the fiscal will continue the procedure even when she is not in her head or onother problems
In the procedure the fiscal will try to demostrate that she is insane or the acusated its guilty
As long as she is declared insane its better for the acusated person but it is not going to stop the procedure
My collage, the previuos expert is prefectly right
I will be here if needed
Customer: replied 1 year ago.
Not too clear Can u explain again ?
Expert:  José M. replied 1 year ago.
Sure, no problem
When a criminal fact happens, like it is sexual abuse, the fiscal is forced to study what has happend
There are two interest on it The interest of the victim and the interest of the society on it
Well, may be the victim does not care about the facts any more or she could be insane to declare, but the fiscal will study and go against the acusated person
In court, the acusated will got the right to defend hinself
Ask whatever you need
Thank you
Customer: replied 1 year ago.


Excuse me but what do You mean by fiscal ? Do You mean Judiciary or Judge in Court ?

Expert:  José M. replied 1 year ago.
Fiscal its the public acusator
Customer: replied 1 year ago.

As I asked above, then, If she " used " the sexual abuse story with her father ( true or false ... ) to blackmail her close family members by asking for money / property in exchange for her silence ? she threatened to go " public " ? What is she liable off ? Is it blackmail ?


 


Even if the manipulative black mail + slander + diffamtion attempts failed in getting us to give her money or property from her mother or mother family ?

Expert:  José M. replied 1 year ago.

Even if she do that the fiscal could go ahead with his public acusation

But if in the judicial procedure becomes true the facts as she is doing that, she will pay for it as a new criminal fact.

Customer: replied 1 year ago.

Our evaluation on the mother side as family of the mother side is that she and her father " played " first together with the plan of presuring her mother to give away some of her wealth or assets as a compensation for some abuse the daughter sufferd from the father. So the daughter was trying to get her " compensation " from her mother / mother family. When it failed she started attacking the father directly and threatened to reveal the abuse unless.... The father accused her of being insane and that she needs treatement while in the begining the same father suggested to the mother that she donates to her a house for her to calm down !!!


We have 2 cases intermingled;


Sexual Abuse / Father + Daughter


Father + Daughter + "New Husband " / Using blackmail trying to get a "compensation " from the mother in exchange of the silence or slander the mother family reputation..


 


Can the mother and her family sue them in court for


1. black mail


2. Attempted theft / emotional manipulation


3. Difamation


4. Harassement / Threats to the mother and her family


 


Your Advice please. Thank You.

Expert:  José M. replied 1 year ago.
For sure they can sue them, why not?
They will need to probe the facts
Customer: replied 1 year ago.

We have 1000 emails exhanged over 4 years in which the daughter and her new husband discussed amounts + properties + phone call recording of the "new " husband threatening the sister of the mother and asking for 500 000 USD while the daughter was sitting next to him.


 


for a court in France is this solid enought evidence of the criminal intentions of the Father + " new " husband + daughter to try to apply according to French law Article 312 - 10 Code Penal " Chantage " ? or blackmail in english ?


Expert:  José M. replied 1 year ago.

It has to be enought for sure...

You need to contract an attorney and sue them

José M., Attorney
Category: European Law
Satisfied Customers: 4966
Experience: Spanish Attorney
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