Failure to Report Rape and Blackmail in Texas

[Mark29]

My question involves criminal law for the state of: texas

when my stepdaughter was 15...last year......she had a boyfriend that was 18. They ( teenagers ) had lied to both sets ( his and her ) parents about there ages to avoid trying to get into trouble so that they could continue to date. On a routine check of the stepdaughters cell phone, i had found the proof that he was really 18 ( had told us he was 17 ) and they have had sex. i immediantly called my wife to let her know what i had found, and called the boy........then called his parents. His Mom had admitted that she had the conversation about dating to young of females before. I was ready to call police, but my wife had wanted me to wait til she had arrived home from work. Later that evening, and over the course of the next few days, my wife talked to her ex husband, then they decided not to file charges. Next, i was threatened that if i went behind her back and reported him, our marriage was over and i would not see my 4 year old son again. my wife is a registered nurse, and i have been told this goes against her medical oath, and can lead to her loosing her license forever. What should i do ????

[yakman]

Let me begin by stating that I am not qualified to give legal advice, but as a stepfather who had a similar experience I would advise you to honor your wife's decision. She and her ex have the legal responsibility to weigh the complicated consequences concerning the well being of their child. It can get ugly, but idle threats made in passion by your wife do not rise to the level of blackmail, and custody issues aren't related to your current dilemma. It can be a hard pill to swallow when a blended family has different priorities or values but, believe it or not, you will be considered the outsider if you try to involve the police in defiance of your wife's wishes. You will also incur the permanent wrath of your stepdaughter, which will have a lasting effect on your relationship. Try to look at the larger picture and ask yourself if it is really worth it. You may have the moral high ground and still find yourself made out to be the villain.

[PTPD22]

I tend to agree with yakman regarding your wife's threats. However, if I were in your shoes, I would have to put my foot down about your stepdaughter continuing to see this young man. I would also strongly encourage you to get your stepdaughter some professional counseling. While I am sure that she does not feel she is a "victim," she is. She will need help to understand and cope with the fact that her youth and juvenile emotional stability has been taken advantage of and to learn the skills to overcome this and avoid a repetition. I would also strongly advise you re-contact the young man's parents and strongly encourage them to try to get professional help for him as well. Since his mom said that this has been an issue before, it likely will be again without intervention.

[jk]

there are a couple issues with your situation and I would suggest seeking further clarification and possibly actual specific legal advice before anybody does anything more or decides to not do anything more.

Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:

given their ages, it is possible, with her at 15 and he at 18, the boy has an affirmative defense to the crime. That doesn't mean in itself there isn't a crime but due to the affirmative defense, it would not be prosecuted. Of course, depending on when their birthdays are, it is possible to be more than 3 years difference in age given their current ages of 15 and 18 (if he will turn 19 before she turns 16 there would be more than 3 years difference.)

then, there is the mandatory reporters law:

Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT. (a) A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.

the professional shall make a report not later than the 48th hour after the hour the professional first suspects that the child has been or may be abused or neglected or is a victim of an offense under Section 21.11, (the section cited above) Penal Code.

Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with mental retardation who resided in a state supported living center, the ICF-MR component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.

A nurse is a mandated reporter. That really puts a heavy burden on your wife here. I understand the others positions but by failing to report, if it is required, means your wife is breaking the law. If it is realized, not only will she lose her license, she could face jail time.

[cdwjava]

While the wife as a parent has a duty to protect the child, the wife as a mom is not likely to be mandated to report the incident. The language includes this provision:

In this subsection, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children.

This language is similar to language within my state that refers to the reporting is mandated if the reporter uncovers the activity in the course of their employment, NOT as a result of making parenting decisions (good, bad, or indifferent as they might be).

I doubt that mom would get into any legal trouble for not reporting that he daughter had engaged in sexual relations with an 18 year old male.

[jk]

I doubt that mom would get into any legal trouble for not reporting that he daughter had engaged in sexual relations with an 18 year old male

that is why I suggested speaking with a lawyer experienced in this area of law. I understand everybody's statements but if it would be considered a crime if she fails to report this, then she should be aware of that in making her decision.

[cdwjava]

that is why I suggested speaking with a lawyer experienced in this area of law. I understand everybody's statements but if it would be considered a crime if she fails to report this, then she should be aware of that in making her decision.

My wife and I were concerned on this because we are both mandated reporters and I was concerned that this would effectively prohibit our children from discussing many things with us if we would be required to report them or their friends as a result. I read the law as it applies in CA and consulted an attorney and found that it is only relevant when the information is revealed in our official capacities and not as it might apply to family or even off duty actions. I suspect the OP will find the same standard exists in his state as evidenced by the language in the section.

I cannot imagine any state would deny a parent the ability to parent ... good, bad, or indifferent. For us I had considered telling the kids to simply not talk to me about what happened among other kids because I didn't want to get in the middle of every rumor and drama in my official capacity. It was ... nerve-wracking until I looked into it.

[jk]

My wife and I were concerned on this because we are both mandated reporters and I was concerned that this would effectively prohibit our children from discussing many things with us if we would be required to report them or their friends as a result. I read the law as it applies in CA and consulted an attorney and found that it is only relevant when the information is revealed in our official capacities and not as it might apply to family or even off duty actions. I suspect the OP will find the same standard exists in his state as evidenced by the language in the section.

I cannot imagine any state would deny a parent the ability to parent ... good, bad, or indifferent. For us I had considered telling the kids to simply not talk to me about what happened among other kids because I didn't want to get in the middle of every rumor and drama in my official capacity. It was ... nerve-wracking until I looked into it.

but yet you were questioning it enough to investigate the matter (and you are a lot more informed about this than I suspect the OP and his wife are) Since OP is in a different state, that is all I am suggesting. You as well as I know that different states can treat the same matter very differently.



btw; isn't a cop always "on duty" so any conversations would be "on the record"?

[aardvarc]

In addition, given that mom and dad are under separate roofs, if the sexual activity between these two should be made known to those outside the family, such as if the minor were to become pregnant, mom's failure to report, while probably not problematic under professional standards, WILL put major ammunition in dad's hands for parenting standards, should he pursue avenues for change of custody. In other words, mom will have nowhere to go when dad seeks custody because mom, after having discussed the matter with the other legal parent, "knowingly allows my 15 year old daughter to sleep around and tells me to stay out of it". I agree with Carl that unless the birthday math shows more than a few days difference, that the matter wouldn't see criminal court even if reported, BUT there are LOTS of family court judges, particularly in both FL and TX, who would happily and swiftly tear mom a new one over condoning such activity for a 15 year old and give great consideration to the parent who WANTED something done about the matter if that parent sought to become the child's legal primary guardian.

[jk]

I agree with Carl that unless the birthday math shows more than a few days difference, that the matter wouldn't see criminal court even if reported,

I agree in general but I personally know of a case where one week was enough to cause the prosecutor to take on the case.

Maybe I'm a bit paranoid about our legal systems but I would rather see mom make sure she is safe, unless she has a time machine to allow a do-over.

as a side commentary; the 18yo wouldn't really need be concerned with the courts if I was the father of the girl. In fact, he might consider jail as at the safer place to be. I understand all about being young and such but I have a real problem with an adult messing around with kids... especially my kids. There is just too great of a mental age difference between 15 and 18 for me to overlook something like this.