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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29814
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My niece has been sexually assault .she is 14 and he is 29.

Customer Question

Hi my niece has been sexually assault .she is 14 and he is 29. I recently went on line to check the status of the case and it shows he wAs Indicted . It also disclosed my nieces name and addreSs on public website. We live in Galveston Texas . I would like to know what to do and is there a legal case for disclosing her information . She has been tormented by neighborhood kids and is fearful daily cuz he and his family leave two houses awAy. Please help
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Call the Victim/Witness Coordinator at the local district attorney's office. They should be able to take care of this for you. People who work for the state have immunity from being sued for mistakes made when carrying out their official duties, but someone there can remove her name ASAP. If there isn't a victim/witness coordinator, or they're not available today, call and talk to the district attorney in charge of the case to see if they can file something amended with the court and have the name removed.

There's a cause of action for intentional infliction of emotional distress. That's the legal name for it when people engage in behavior that serves no legitimate purpose and is done solely to upset someone else. She can tell all those kids that she's going to sue them if they don't leave her alone, and you may want to try sitting down with their parents to explain exactly how inappropriate it is to harass someone because they're a victim of a sexual crime. If that doesn't help, let them know that they're personally liable for their childrens' willful and malicious behavior. Tex. Family Code, Section 41.001. Your niece could sue them, too, because they have an obligation to raise their children to act like decent human beings.

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Customer: replied 10 months ago.
They had already sealed the file and removed from public website . They are also adults that harass her and me though text message
Expert:  Lucy, Esq. replied 10 months ago.

Thank you for clarifying that. I'm glad the information is down.

File a police report against them all. What you're talking about falls within the definition of stalking, which is a third degree felony. Tex. Pen. Code, Section 42.072. As part of that, you'll be able to get no contact orders against them. And you can still file a lawsuit for intentional infliction of emotional distress.

Expert:  Lucy, Esq. replied 10 months ago.

But the cause of action here is against the jerks who think this type of behavior is appropriate. The state isn't responsible for the criminal behavior of third parties, even when it arises out of a mistake an employee made.

Expert:  Lucy, Esq. replied 10 months ago.

Do you have any other questions about this?

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