Failure to Report Rape and Blackmail in Texas

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 ????

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.

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.

I would have reported it and let the police handle it. Mom is allowing the abuse of a minor, by letting it go on. This is a crime also.

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.

Quote:

---

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:

Quote:

---

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.

---

Quote:

---

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.

---

Quote:

---

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.

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.

Quote:

---

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.

Quote:

---

Quoting jk

---

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.

Quote:

---

Quoting cdwjava

---

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"?;)

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.

Quote:

---

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.

Quote:

---

Quoting jk

---

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

---

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

- - - Updated - - -

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.

Quote:

---

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

---

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.

Quote:

---

Quoting jk

---

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.

---

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.

Quote:

---

Quoting Mark29

---

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

---

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.

Quote:

---

Quoting Mark29

---

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.

---

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.

Quote:

---

Quoting Mark29

---

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,

---

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.

Quote:

---

Quoting Mark29

---

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

---

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.

Quote:

---

Quoting Mark29

---

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.

---

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.

Quote:

---

Quoting Mark29

---

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.

---

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.

in the situation now where she is presumeably single, i have no problem with her having custody. What scares me is eventually she will end with someone who may/ maynot want to harm my son. And, with her failing to report the other 2........i have severe concerns. I have no faith in her reporting or doing anything about it IF anything like this happens to him. Yes, still tempted to fight for custody. will be talking to 2 lawyers today, hiring one tomorrow and probly go by what they suggest is best.