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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27752
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was raped by my moms brother. I was to ashamed to tell anyone

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I was raped by my moms brother. I was to ashamed to tell anyone until my moms sister who is only a couple of years older then me confronted me with her being raped by Rex (Her own brother) her self. We filled a report with Clackamas County Sheriff's and did not peruse this because I found out by my aunt (my moms sister) that the police and courts couldn't do any thing to him because he is on Kidney dialysis and would cost the state to much to put him in jail. Two years has gone by and now I my question is? Can they make him file with the state as a sex defender? Then I just found out that my Mom (XXXXX XXXXXer) knew about me getting raped by her brother and never told my dad because my dad would have gone to jail so she never told him. My dad passed away in 1982. I have asked my mom several times why didn't she stop this and how long did she know. Her reply was "Oh I thought you were handling. My mom had surgery on June 20, 2011. She was set to a rehab place. My husband was able to find out where my mom went to (This is another situation that needs to be addressed as well, but we'll start out with this one first). My husband had one question for my mom. "Jan did Jodi's dad know that Rex was raping her?" My mom replied "No". She said "I didn't want Jodi's dad going to prison for hurting or Killing Rex". So from 2 years old until I was 15 Rex raped me over and over. Why did she not try harder to not let me go to her moms home or allow Rex to come to her home? She knew and she did nothing about it. Two days before her surgery (I was surprised "Oh by the way, Mom goes in for surgery on Monday and here it is Saturday) I went to tell her that God loves her and that I don't hate her for what Rex did and that I for gave her. Then I find the truth out of that SHE KNEW and never protected me. Why? I hold her solely responsible for the raping. Oh yes it even hurts worse now that I know that she did nothing to protect me. Help me please
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

I have to tell you I am at a loss for words. I cannot even express my sympathy for all you have gone through. Tell me what question I can answer as that is what we lawyers on this site do...we answer legal questions.
Customer: replied 6 years ago.
Can we make it so that Rex has to file as a pedophile? How can I make it so that my mom is held responsible for not stopping the raping?
how old are you now?
Customer: replied 6 years ago.
I just turned 50 and my aunt is 53. I thought I was the only one hurt by Rex.

Sorry to hear about what happened to you.

Unfortunately, at this time, the statute of limitations has run, and you cannot press charges at this time. In Oregon, your right to do so on an underage sex offense ends when the victim turns 24, and though you tried years ago, the state was not interested in going forward at that time. A prosecutor has the complete discretion as to what cases they take on and what they don't. And now, it's simply too old a matter for them to let you try again.

Similarly, it's way past the time that either the civil or criminal court could go after your mother for her failure to protect you.

Without being able to secure a conviction, the law could not impose a registration requirement upon your mother's brother. What you may want to do anyway, though, particularly if it gets you some closure is to go and talk to the police and/or prosecutor about it. Even though they cannot go forward on your matter any more, if he's continued to victimize other children along those lines, you may be providing them with evidence they could use.

As far as your personal feelings about your mother are concerned, that's something that you will need to work through and for which a lawyer's services are going to be inadequate. You might want to post that part in our Mental Health category as a new question, where another type of professional may help you to understand what may have been going on in her head and how best to try to come to terms with it.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27752
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Can I file a restraining order against my mom for not reporting this to law enforcement to make it that so she can not be around children under 18. I don't want my grandson 7 or my nephew 5 years old. She shouldn't be allowed to be around them.

You cannot get a restraining order against your mother for something that happened a long time ago. You would have to show that there would be a present risk to the children. And, of course, you would have to have custody of the children to be in a position to get that order.

Here's a very useful link to the various kinds of restraining orders Oregon affords. It discusses the various types of restraining orders, what you need to be eligibile, and how to petition for one if you are..