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When my daughter was 17 she was sexually abused by her stepfather.

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Her stepfather is in law...
When my daughter was 17 she was sexually abused by her stepfather. Her stepfather is in law enforcement and she's scared to go to court. What steps should I take?
Submitted: 7 years ago.Category: Criminal Law
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Answered in 5 minutes by:
5/2/2010
Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
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Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Thank you for your question. We cannot tell you what you should do here. However, we can provide the following valuable information.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


Any individual can report a crime to law enforcement. However, if the victim is unwilling to testify on such a matter, law enforcement may not be able to pursue the matter. On the other hand, if you witnessed the abuse or there happens to be other evidence of the abuse, law enforcement may still have sufficient evidence to pursue criminal charges.

Accordingly, you may wish to report the matter to law enforcement. However, if the victim is unwilling to cooperate, that could prevent the perpetrator from being charged or convicted.

Typically, once an adult, only the victim has a basis for a civil suit against an abuser. However, your daughter may have a basis for a civil suit if she wishes to pursue one.

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Sincerely,
T

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Customer reply replied 7 years ago

Is this still the case if he's setting her up not to talk.

 

Her stepfather and her mom just divorced(she's 18 now) and her mother is on medicare and cant provide insurance. My daughter lives on her own and is going to school (works part time). If she says anything he's threatened to stop her health care. I live in Arkansas and she lives in Texas so I can't insure her.

Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago

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That information wouldn't change my response. It's a matter of evidence. You can report the matter to law enforcement but the prosecutor needs evidence to prosecute an individual for a crime. In sexual abuse cases, sometimes, the best evidence comes from the victim's testimony. If a victim won't testify, law enforcement would need some sort of evidence to pursue the matter further.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.

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Customer reply replied 7 years ago

I understand what you're saying, however, would I have a chance to take him to court myself? Could she write a letter discribing the abuse and I take it to court?

Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Again, you may want to discuss the matter with law enforcement as law enforcement may investigate the matter and find that there is sufficient evidence without her testimony. However, you wouldn't typically be able to testify as to her statements for such a purpose as it would constitute hearsay. That said, you could testify to anything you witnessed.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.

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Customer reply replied 7 years ago

The real issue (why she doesnt want to go to court, she doesnt want to be thought of as a prostitue) is that her stepfather paid her for sexual favors. She accepted in order to get out of the house. Would this make my case stronger with law enforcement?

Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Evidence is key. You can report the matter to law enforcement. They can investigate it. However, depending on the evidence available, the prosecutor may or may not charge the individual with a crime.

Typically, it's best if a victim is willing to cooperate. It's not a matter of your case with law enforcement. If you report the matter to law enforcement, they'll likely investigate it. The real issue is whether or not there's going to be any admissible evidence arise from that investigation when the victim is unwilling to testify. There may or may not be any. However, your statement that she told you that she was abused or that she was paid for sex would typically be inadmissible hearsay.

Again, you can report it and law enforcement will likely investigate. However, it's an evidence problem you're looking at if the victim won't help the prosecutor.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
Sorry, last question. Because he is in law enforcement I'm afraid the judge or his buddies won't investigate properly. Do I have to take it to law enforcement where she lives or can I take it somewhere else in Tx?
Criminal Lawyer: AttorneyTom, Lawyer replied 7 years ago

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.


If you're concerned about impartiality, you might wish discuss the matter with the Sheriff's department instead of the city police department.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________

Please click the green Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

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