Failure to Report Rape and Blackmail in Texas

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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,

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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.

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Quoting jk

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

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Not entirely true, so, no. Such an existence would be a royal pain, and then there'd be the FLSA issues. :)

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The same section that appears to provide some cover for mom as a nurse also appears to be very tough on her knowingly permitting her child from engaging in dangerous or unlawful behavior. I agree that if mom encourages or even permits ongoing and unlawful sexual activity, she could find herself in trouble ... but NOT as a mandated reporter failing to report, but as a parent failing to properly care for her child.

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=cdwjava;639847]Not entirely true, so, no. Such an existence would be a royal pain, and then there'd be the FLSA issues. :)

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I hope you know I was just kidding but I do not envy your position though. I can see where there could be some great conflicts created.

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Quoting jk

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I hope you know I was just kidding but I do not envy your position though. I can see where there could be some great conflicts created.

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Oh, I suspected as much. But, there are some people that might believe that in the most literal sense we ARE on duty 24/7. Though, some days, I feel like it. I have people coming to my door, calling me, stopping me at the store, and asking my wife to call me with questions, issues, and problems. If only I could get all that OT! Small town policing ... it IS a 24 hour gig! (We just don't get paid for it.)

the main reason all this has come up, is myself and the wife split up 3 months ago and are now having a custody fight over our 4 year old son. She is wanting me to have supervised visitation only for an unlimited amount of time due to i reciever a dwi a couple of weeks after our split. She has also removed funds from my account and broken the temporary court orders. She has VERY little dirt on me, and this is something i have not desired to do, but will if she keeps insisting on such outrageous restrictions and demands concerning my son, and our property.

So this is more about you having something to hold over your wife's head than genuine concern over your stepdaughter's welfare? It sounds like the "blackmail" that you refer to is being perpetrated by you.

I can see why you say this, and keep in mind you dont know all the little details here, but this is something i do not want or desire to do. the mother did not report her own rape in high school, was against me reporting her daughters which leaves me asking what she would let someone do to my son and get away with. Im not fighting for full custody, just for my regualr weekend visits that she does not want me to have. she is minimizing my time with my son via phone and in person as much as possible because of nothing more than a dwi.

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Quoting Mark29

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she is minimizing my time with my son via phone and in person as much as possible because of nothing more than a dwi.

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SHE doesn't get to determine that. A JUDGE gets to determine that. If a judge laid out that plan, then the judge felt that the arrangement was appropriate to the totality of the circumstances surrounding the DWI. If mom herself is imposing such restrictions, in conflict with what your court ordered visitation spells out for you, then your remedy is to complain to the court that it's directives aren't being followed.

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Quoting Mark29

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I can see why you say this, and keep in mind you dont know all the little details here, but this is something i do not want or desire to do. the mother did not report her own rape in high school, was against me reporting her daughters which leaves me asking what she would let someone do to my son and get away with. Im not fighting for full custody, just for my regualr weekend visits that she does not want me to have. she is minimizing my time with my son via phone and in person as much as possible because of nothing more than a dwi.

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well, there is a huge flaw in your train of thought. You seem to be failing to consider the child's best interest here while considering causing harm to her to benefit yourself. Don't do it. If there is an honest and true regard for the child here, fine but if this is simply to used as a bargaining chip for you, let it go.

You are in the middle of this break up. Things are not going to be smooth right away. Both sides are hurt and will likely react poorly because of that. Start down the road of being the better person. It will benefit you in the end and it will benefit the children starting right now.

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Quoting Mark29

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I can see why you say this, and keep in mind you dont know all the little details here, but this is something i do not want or desire to do. the mother did not report her own rape in high school,

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If you believe that victims of crime get universal healing from reporting a crime and seeing a conviction versus dealing with it through counseling or other means, you are quite mistaken. first, the criminal justice system is designed to protect the rights of the accused, not to provide comfort or solace to victims. Second, the number of rapes successfully prosecuted (with convictions) is dismally low. Remember the standard for a conviction is beyond a reasonable doubt and with rape the issue at hand is whether consent was given (if not statutory where consent is not possible). Proving beyond a reasonable doubt that consent to sexual activity wasn't given by the victim in anything but stranger pulled off the street type rape situations can be very hard. In cases where the victim is unlikely to see a conviction of the rapist, not reporting the rape may be best emotionally for that victim.

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Quoting Mark29

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was against me reporting her daughters which leaves me[/B]

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If you have concerns about your stepdaughter being taken advantage of and being in need of protection, call CPS. If you are just being vindictive, drop it.

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Quoting Mark29

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which leaves me asking what she would let someone do to my son and get away with. Im not fighting for full custody, just for my regualr weekend visits that she does not want me to have. she is minimizing my time with my son via phone and in person as much as possible because of nothing more than a dwi.

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If you are concerned your wife would attempt to cover sexual abuse of your minor son, try to get him to attend a "good touch / bad touch" program that teaches young children about appropriate touching and how to report inappropriate touching. Nothing you have stated would make me think that you wife would cover child molestation because she herself was raped or because her teenage daughter had sex with her boyfriend.

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Quoting Mark29

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Im not fighting for full custody, just for my regualr weekend visits that she does not want me to have. she is minimizing my time with my son via phone and in person as much as possible because of nothing more than a dwi.

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Since you have stated you aren’t seeking full custody, you arenot that concerned about your wife's ability to parent your son under ordinary circumstances. And if you are not concerned about your wife parenting regularly, what is the point of bringing up her sexual trauma or your stepdaughter’s promiscuity?

Stating that your wife would allow your son to be molested because she didn't report her own rape and her daughter had sex with her boyfriend however, is just slinging mud at your ex. Talk to your attorney on the best strategy for you to get improved custody of your child, but seriously, slinging all this sexual activity around may do nothing but put mud on your own face.