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13 Year Old Daughters Possibly Assaulted/Raped Texas

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  • 11-14-2010, 08:03 AM
    jiminey
    13 Year Old Daughters Possibly Assaulted/Raped Texas
    My question involves criminal law for the state of: Texas

    my 13 year old daughter and step daughter (were virgins), snuck out w/ a friend and met friends boyfriend w/ 2 other 15 yr old boys. 3 weeks later (now) it comes out that they had both had intercourse, but only after the boys had gotten them high with some type of inhalant (propellant in cans of compressed air). they do not feel the boys should be prosecuted and want to forget about the entire incident, but they both maintain that neither one would have had sex had they not been given the inhalant. i feel this is assault and am quite angry to say the least.... but even my wife does not want to pursue this.

    can i be held negligent if i do not report this?

    and if i do

    is there actually some kind of case to prosecute here? assault or statutory rape??
  • 11-14-2010, 08:24 AM
    LawResearcherMissy
    Re: 13 Year Old Daughters Possibly Assaulted/Raped Texas
    This wasn't statutory rape, this was RAPE, and yes, you should be pursuing this.

    You should also be getting your girls into counseling right now.

    Yes, you can be held as negligent, knowing that your daughters were raped and refusing to report it. Get yourself down to the police station to file a report.
  • 11-14-2010, 10:35 AM
    jiminey
    Re: 13 Year Old Daughters Possibly Assaulted/Raped Texas
    thank you i will.
  • 11-14-2010, 01:29 PM
    cdwjava
    Re: 13 Year Old Daughters Possibly Assaulted/Raped Texas
    One caveat ... understand that while the girls are telling parents this happened as a result of being intoxicated by an inhalant, this may not be the case or may not be able to e proven. Absent some corroboration of the girls being incapacitated by intoxication, forcible rape goes out the window and the appropriate unlawful intercourse with a minor comes into play ... assuming that TX has no "Romeo and Juliet" type law having to do with ages.

    This is still a crime and should be reported, just be prepared that the offense(s) charged might be less than you might hope for.
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