Statute of Limitation on Child Abuse in Arkansas

[rustyriggin]

My question involves child abuse or neglect in the State of: Arkansas.
I got married last year, and my wife told me her adoptive parents used to beat her, about 20 yrs ago when she was 7. Well recently her mom gave her some pictures, and in these pictures was a picture of my wife about 7 years old on a bed in a diaper holding a baby bottle, with VERY visable belt marks on her legs and back, and her in tears.

She remembers this, and says they treated her like this when she wet the bed, they told her if she was going to act like a baby they were going to treat her like one. So I was wondering if we can still press charges or if it will be a waste of time to get in touch with the P.A.

Thank you in advance.

[Dogmatique]

The pictures don't prove how the bruises got there.

Sorry.

[rustyriggin]

True but the pictures do back up the allegations, but what I want to know is, is it too late to prosocute??

[Dogmatique]

By all means take the pictures to the DA.

Out of curiosity's sake though, what exactly does your wife hope to gain?

[rustyriggin]

My wife don't want to pursue anything right now, exept maybe leverage. You'd have to know how terrible her folks are. Her dad bought our house note from the bank, cause she was getting too independant. Just a few days ago he sent her a letter saying if she didn't pay a $50 late fee, he was going to start the eviction process on us and his 2 grandkids who are 4 & 8. He is worthless, we just want to get as far away from him as possible, so Monday I'm putting a for sale sign in the yard.

[aardvarc]

Keep in mind that what you're labeling as "leverage" could also be a euphamism for "extortion" - expecially given the circumstances and timing. Juries don't like child abusers; but neither are most people of any mental capacity going to believe that your wife would let 20 years pass, then address this issue at this precise moment and when pressured under a financial matter, is anything OTHER than extortion.

[Xena]

Her dad bought our house note from the bank, cause she was getting too independant.

I admit that I don't know much about real estate law, however, I'm really curious.

How did her father buy the mortgage from the bank, I am unaware of any way to do that unless you or your wife agreed to have him pay off your mortgage?

[rustyriggin]

He did co-sign for the mortgage, but after a year of her paying the bank, and just before we got married he went down to the bank and paid off the motgage and got the deed, so now we have to pay him the monthly payments. We didn't think it was legal either.

It's not extortion by any means, we don't want money, all we want is for them to leave us alone. He drives by our house atleast every other day, and it's way out of his way. Told the kids if they didn't spend the night with them that they would sell all the toys they had at their house. Like I'd let the kids stay with him!

[aardvarc]

It's not extortion by any means, we don't want money, all we want is for them to leave us alone.

Extortion isn't only for money. You are basically threatening to accuse him of criminal activity unless he plays ball with the house. If you want to be left alone, then you ask for a restraining order. But given that he owns the home you're living in, you'll need to show and document a pattern of behavior to substantiate that request.

He drives by our house atleast every other day, and it's way out of his
way.

Technically, it's HIS house now, that you've living in. Nothing wrong with a property owner driving by his property, even if it's out of his way.

Told the kids if they didn't spend the night with them that they would sell all the toys they had at their house.

Mean and vindictive, but legal if they paid for the toys. If you paid for the toys and they sell them, you sue for the value.

Like I'd let the kids stay with him!

Exactly! You don't have to.

but NONE of these issues have anything to do with accusations of child abuse against your wife from 20 years ago, nor will her trying to dig them up provide relief from the current state of affairs be taken anywhere in the universe of seriously unless her father is willing to walk up to a police officer, extend his hands for the cuffs, confess to something that fits the definition of child abuse as it was on the books 20 years ago (or with some OVERHELMING proof of confession in some other verifiable form, like a handwritten letter in his own writing), and then is additionally willing to repeat that confession in court

Short of that happening, no prosecutor is going to touch it in conjunction with the financial mess.

[NdK1009]

I agree with the other posters that you don't really have a chance of prosecuting something that occurred 20 years ago given the surrounding circumstances. However, in an effort to help find a solution to your particular situation, I have to admit that I am a little confused. In my experience with co-signed loans, the primary borrower is the titke holder. My co-signer can pay off the loan, but the result is that the collateral becomes mine. Why didn't this occur in your case?

If your father-in-law actually managed to purchase your loan from the bank and obtain the title in his name, then, out of curiosity, what is stopping you from simply purchasing a new home?

Unless I am mistaken, which I may very well be, your father-in-law just did you and your wife a favor by clearing your mortgage with the bank; that's a huge boost to your credit rating, and may be sufficient to allow you to buy a home without a co-signer. So, unless you actually entered into a written agreement to pay your father-in-law your old mortgage payment, I don't see why you can't just move out. It seems to me that by purchasing your mortgage, your father-in-law transformed you and your wife from homeowners to renters. And without a legal lease, how can he enforce anything, let alone late payments?