My question involves criminal law for the state of: MO
This is kind of a unique situation, I think. Back in 2014 we found out that our 14 yr. old daughter was having a sexual relationship with a 19 or 20 yr. old man through letters we found that she had written. We took her to the police department to file charges and she wouldn't cooperate, saying nothing. So nothing ever came of it. They just dropped the case because no one would verbally admit it. So a year goes by and we think this guy is out of her life. Well a few months after she turned 16 we find out that she is pregnant and with the help of her grandma was able to hide the pregnancy for over 5 months. From that day on there was nothing we could do because she claims that she doesn't know the guy who got her pregnant. He was just a guy she hooked up with and then moved out of state. So even to this day she acts like she doesn't know, to us, her parents.
At the age of 17, a few months before turning 18, she moves out to go live with the grandma spoken of earlier and this is when we find out for the first time in years that the now 23yr. old is still dating our daughter. We saw through Facebook posts that he is visiting her at grandmas and no one over there has a problem with it and we cant get her back to our house because shes 17 and the police wont do that here.
So the speculation grows that he may be the father to her baby. Well recently a month after she has now turned 18 we have seen on his facebook page that he has her daughter listed as his daughter. We think we've got him. If this is true then he would have been 21 when getting her pregnant at 15. So we call the police again to see what we need to do to press charges and they say.... "If they wont admit to the police that they have had sex or that the baby is his then they cant do anything. Him claiming that he is the father is not good enough, anyone can say they are the father to anyone so that doesn't matter. This is a situation of NO VICTIM NO CRIME. They cannot force anyone to take a DNA test, that would be something that we would need to get a lawyer and try to get done and then if it showed he was the father they might so something."
So we are lost as to what to do. Why wont they investigate and claim that we are they ones that need to do the investigation? Isn't him stating he is the father enough for them to get a dna warrant? Of course as they stated, somehow rape is now a victimless crime. Boggles my mind!!
Well we contacted a paternity lawyer and they said they didnt handle stuff like this so what are we to do? To make matters more difficult for us to do our own investigation we have never ever meet this guy in person. He has been someone just lurking in the shadows until now where the two have been offered sanctuary at grandmas. We don't know his real name. He uses 3 different names as far as we know because we think he might be an illegal citizen which complicates the matters further if we were to try and get him to court for a paternity test.
So has anyone ever dealt with anything like this that can give us any advice on getting the police to get this guy or any advice on how to proceed with doing it ourselves and somehow getting him to court? Any advice would be greatly appreciated!!
Why Won't the Police Charge Statutory Rapist of My Daughter
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02-28-2017, 10:30 AMMr.StahdWhy Won't the Police Charge Statutory Rapist of My Daughter
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02-28-2017, 10:42 AMeerelationsRe: Why Won't the Police Charge Statutory Rapist of My Daughter
A paternity lawyer is the wrong kind of lawyer. You need to speak to a criminal lawyer.
That said, you also need to think about how sending this guy to prison and/or getting him deported will affect your daughter. You may not care how it affects her emotionally, but financially? Won't she and her baby be better off with the baby's father in the picture? And how about the baby? And surely Baby would be better off - emotionally and financially - with a father in the picture...
Really, you do need to think about these things before you contact a criminal lawyer for legal advice on how to get rid of this baby's father. -
02-28-2017, 10:48 AMgeekRe: Why Won't the Police Charge Statutory Rapist of My Daughter
Now that she is 18, there is no "we" anymore- you will not be getting court orders to force putative Papa to do anything. That ship has sailed. She is a legal adult.
Had you tried for a restraining order back when daughter was 14, you might have been able to use the courts to keep him at bay. What other things did you do when you discovered that she was having sex? Was there a discussion about birth control? Did you try to talk to the young man at all?
Now you have a grandbaby, and if you keep trying to prosecute putative dad, you may find yourself shut out of the baby's life. -
02-28-2017, 10:50 AMTaxing MattersRe: Why Won't the Police Charge Statutory Rapist of My Daughter
Your daughter is now an adult and evidently has no problem with what occurred. If the victim herself isn’t interested in pursuing charges for this sort of crime and is unwilling to testify against him, it could also be difficult to secure a conviction. Moreover, a conviction for statutory rape will make it a whole lot harder for the man (assuming he is the father of the child) to get and keep employment to support his child. In that circumstance I can see that the prosecutor would have little interest in pursuing this kind of case. You cannot force the prosecutor to file charges here, so if the prosecutor’s office is unwilling to go forward with it then there is nothing to be done.
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02-28-2017, 11:07 AMDogmatiqueRe: Why Won't the Police Charge Statutory Rapist of My Daughter
(When you say, "illegal citizen" what exactly do you mean?)
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02-28-2017, 11:25 AMeerelationsRe: Why Won't the Police Charge Statutory Rapist of My DaughterYeah, I was sorta wondering that too...Quote:
Quoting Dogmatique
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02-28-2017, 12:17 PMignoramus23Re: Why Won't the Police Charge Statutory Rapist of My Daughter
If this is the narrative you've been telling the police and criminal defense/paternity lawyers, its no wonder you haven't been getting anywhere. You've been aggressively stalking an alleged "illegal citizen" with the law and via FaceBook for years, who is "lurking in the shadows" because he's probably afraid of you. And for good reason, you're trying to destroy his life with a statutory rape conviction. To be blunt, it looks like you are a jilted racist who is trying to use the law as a weapon for revenge or spite and as a tool to separate your apparently happy adult daughter from a guy you don't like. No one wants to help you abuse the law for those ends, that's not justice. You might have better luck trying to sick ICE on him...
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02-28-2017, 02:49 PMMr.StahdRe: Why Won't the Police Charge Statutory Rapist of My DaughterAs said above, we have never meet this guy. He wasn't around during her pregnancy, wasn't around during labor, and wasn't around for the first year of live. We provided for her and her child. He has provided absolutely no emotional or financial support. From all the notes I have it seems that all he wanted was sex and to a young mind that can be easily manipulated that can quickly turn into what they think is love and the predator has them then. That is why all he is is a sexual predator. I don't care if he sees my child or his child ever again. I believe her baby should have a good male figure in her life but a sexual predator should be no where near my grandchild. As for getting deported well, that might not be such a bad thing for the community.Quote:
Quoting eerelations
Restraining order? No, we don't even know his real name and we were told that he wasn't in her life anymore and we had faith at the time that she was telling the truth and it was over. We were wrong, clearly.Quote:
Quoting geek
Discussions and talks with him? Like I said above, he has lurked in the shadows and she has helped because that's what older guys do to young girls. Mess with minds and he has screwed up alot.
You know, Illegal Alien, Undocumented Immigrant. Thanks for your helpQuote:
Quoting Dogmatique
As far as the other stuff about shes 18 there is nothing that can be done stuff, There was a crime committed. Where would it that she turns 18 and all of sudden all is forgiven and he is in no trouble. Why would they have to admit it he claims he is the father then just get an order for a dna test to see. These are some of the questions I have and i'm getting if she has now turned 18 then its ok and because he has a baby now its ok that he is a sexual predator and maybe we should show compassion. I'm confused. -
02-28-2017, 03:04 PMMercy&GraceRe: Why Won't the Police Charge Statutory Rapist of My Daughter
What proof do you have that he knew she was 14 ? Of course as others have stated, your daughter not cooperating with authorities gives them little to nothing to work with.
If she goes after him for child support, the court will order a DNA test. If/when it is proven he is the father, he will also have unsupervised visitation with the child.
You need to let this go. All you are going to accomplish continuing with it is more damage to the relationship you, your daughter and grandchild currently have. -
02-28-2017, 03:15 PMTaxing MattersRe: Why Won't the Police Charge Statutory Rapist of My DaughterIt is not so much a matter of compassion for him. It’s instead a look at two practical realities. The first reality is that she is now an adult, is apparently fine with what happened, does not want him to prosecuted, and won’t cooperate in prosecuting him. That makes it very difficult to prosecute the case. Prosecutors don't want to waste time pursuing weak cases that they likely will not win. Moreover, the views of the victim herself are at least as important as yours here. The second reality is that the child deserves support from both parents, and it’s a lot harder for the father to provide that when he’s in jail or can’t find a job because of a criminal conviction. The interests of the child needs to be considered here. Note that the father doesn’t have to be around the child to provide support, so your argument about him being around the child doesn’t affect that at all. I understand why you don’t like what he did. If she were my daughter, I wouldn’t like it either. But the fact remains that the prosecutor has the discretion to decide whether to go after him or not, and if the prosecutor declines to go forward then there is nothing you can do to force the prosecutor to do it.Quote:
Quoting Mr.Stahd
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02-28-2017, 03:26 PMignoramus23Re: Why Won't the Police Charge Statutory Rapist of My Daughter
Uh, this is kinda sad, but did you ever even bother to look at the statutes? And did no officers/lawyers explain them to you? 18 is the age of majority NOT the age of consent for most states....
You state their first sexual interaction occurred when he was 19/20 and she was 14, so he squeaked by legally there. You stated the next known relationship between them was when he was 23 and she was 17, he again broke no laws if they were sexually active. This guy is clean, he's not a sexual predator under MO laws. Case closed.
MISSOURI
Added 03-2002:
Statutory rape, second degree, penalty.
566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.
2. Statutory rape in the second degree is a class C felony.
(L. 1994 S.B. 693) Effective 1-1-95 As of August 28, 2001.
Source: http://www.moga.state.mo.us/statutes...99/5660034.HTM
Statutory rape, first degree, penalties.
566.032. 1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old.
2. Statutory rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, or the victim is less than twelve years of age in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.
(L. 1994 S.B. 693) Effective 1-1-95
Source: http://www.moga.state.mo.us/statutes...99/5660032.HTM
EDITOR: This does re-confirm our age chart. If you are over 18 but under 21, the age of consent is 14. If you are over 21, you may not have sexual intercourse with anyone under 17. -
02-28-2017, 03:39 PMeerelationsRe: Why Won't the Police Charge Statutory Rapist of My DaughterMaybe you wouldn't be so confused if you'd actually read my post. I never said show compassion for him, I recommended that you consider showing compassion for your daughter and her baby.Quote:
Quoting Mr.Stahd
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02-28-2017, 03:40 PMMr.StahdRe: Why Won't the Police Charge Statutory Rapist of My DaughterSince when is 21yr old male and 15yr old girl not a crime. It is in this state.Quote:
Quoting Mercy&Grace
Also she just turned 18 last month and we just found out that he in all likelihood is the father those this is the first chance we have had to try and get something done. -
02-28-2017, 04:14 PMMercy&GraceRe: Why Won't the Police Charge Statutory Rapist of My Daughter
I apologize. I made a mistake when I said a crime had not occurred. BUT, when a crime occurs the perpetrator is not always arrested, charged and convicted. Without your daughters testimony, there is nothing for the authorities to work with. Counties have limited funds and they have to go after cases they stand a good chance of getting a conviction on.
You are looking at this from an emotional view point, which I understand. But, the authorities do not operate on emotions. -
02-28-2017, 04:22 PMignoramus23Re: Why Won't the Police Charge Statutory Rapist of My DaughterUnless its a rape case, which only has a national average conviction rate of 18%. I never understood why the state pursues so many losing rape cases, when they don't do that with any other crime.Quote:
Quoting Mercy&Grace
https://opsvaw.as.uky.edu/sites/defa...rosecution.pdf -
02-28-2017, 08:02 PMgeekRe: Why Won't the Police Charge Statutory Rapist of My Daughter
Nobody is suggesting that this guy didn't do something illegal- but at this point, a lot of time has passed, she is not willing to testify, and it will be very hard to convince a prosecutor to take the case. Like I said, that ship has sailed. If you keep this up, you now risk alienating your daughter and grandchild.
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03-01-2017, 04:05 AMOhiogalRe: Why Won't the Police Charge Statutory Rapist of My DaughterDo you want to risk never seeing your grandchild again? Because your daughter could decide never to bring this baby around you again.Quote:
Quoting Mr.Stahd
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03-01-2017, 04:22 AMignoramus23Re: Why Won't the Police Charge Statutory Rapist of My Daughter
Not to offend, but if this guy is an illegal and I'm presuming your daughter is white, do you really even need a paternity test to confirm your suspicions?
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03-01-2017, 04:53 AMeerelationsRe: Why Won't the Police Charge Statutory Rapist of My DaughterI think OP has pretty much proven he doesn't give a hoot about his daughter and grandchild. His sole focus in life is to incarcerate his grandchild's father; what effect this has on his daughter and grandchild matters not one whit to OP. I for one am not going to waste any more time on someone this devoted to revenge and hateful towards his offspring.Quote:
Quoting Ohiogal
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03-01-2017, 07:47 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterIt doesn't matter whether the adult knows the person they have sex with is of age or not. Do you know how many guys say "I didn't know she wasn't 18?" Even if the person - male or female - doesn't know that person is under the age of consent it is still illegal for that adult to have sex with an underage minor who legally cannot consent.Quote:
Quoting Mercy&Grace
Undocumented or illegal immigrant is the term. Not illegal citizen.Quote:
Quoting Mr.Stahd
The bottomline is that she's 18 and you can't do anything and you have NO PROOF that he had sex with her when she was 14. She denied that she had sex with him. So where's your evidence? She says he's not the father. You can't force him to get a DNA test done. So there is no case because there is no evidence. A prosecutor will not charge someone when there is no evidence a crime was committed. No one is saying that he's not a sexual predator. That he's not a sick person. We are all saying that at this point there's no case. There's no proof of a crime.
You don't have to like him or be friends with him or show him compassion. But if your daughter chooses to be with him that's HER choice. You should have tightened the reins on her when she was a minor. You can't do anything about this anymore.
All you can do is be there for your daughter and grandchild. Or you can push her away. That's the only thing you have control over.
No one said it's not a crime. But NOW there is no crime to prosecute because there is NO EVIDENCE. None.Quote:
Quoting Mr.Stahd
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03-01-2017, 09:34 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My Daughter
No offense, but presuming your daughter is white, do you really need a paternity test to confirm your suspicions?
If you can't get a warrant for his DNA, you might be able to collect some of his feces and bring them to your local police station, along with your narrative, and see if they won't ship them off to the state lab for testing. Alternatively, you might be able to stab him and bring the knife in for testing. You could even try warming up to him with a shared spliff, and taking that in for testing, illegals love that stuff.
If he was 21 when she was 15 and impregnated, and you can prove him the father via feces, blood, or saliva, then you have ample proof of stat rape. In MO there is a 3 year window between age 14 and 17 where a person over the age of 21 cannot legally have sexual relations.
Failing all this, you might be able to sick ICE on him. -
03-01-2017, 09:39 AMfree9manRe: Why Won't the Police Charge Statutory Rapist of My Daughter
Part of me wants to tell OP to ignore ^^^^ but another part of me would love to hear about that visit to the police station with a feces sample.
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03-01-2017, 09:45 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterThis can't be a serious post.Quote:
Quoting bipolarschitzopsychopath
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03-01-2017, 10:03 AMTaxing MattersRe: Why Won't the Police Charge Statutory Rapist of My DaughterHere’s a news flash for you: some illegal aliens are white! The OP has not anywhere indicated the race of either his daughter or the father, so you are assuming a whole lot here. And those assumptions say something about your racial attitudes. Second new flash: children of mixed race parents may look like either parent, a mix of the two, or like some ancestor of either parent. So where the mother is white, the child could well be white in appearance as well even if the father is not. Again, you are assuming a lot.Quote:
Quoting bipolarschitzopsychopath
The police are not going to send off some unknown sample for testing that someone just drops off at the police station. There are two reasons for that. First, the evidence would be useless in court even if the test comes back positive because there will be chain of custody and authentication problems. Second, testing costs money, and most police departments aren’t rolling in excess money that they can just throw at running a test on some sample that someone brings in. Unless they are actively working the case and need to get the test done as part of their investigation they almost certainly wont do it.Quote:
Quoting bipolarschitzopsychopath
Stabbing the guy to get a blood sample is a horrible idea. The cops may well prosecute the battery that occurred and thus land the OP in prison and the father of his grandchild still might not get prosecuted.
Stool DNA tests are not very good for purposes of determining paternity. They are used for screening for colon cancer. Moreover, for a good stool DNA test you need to capture the stool before it hits the water in a toilet. Now, just how do you suppose that the OP is going to manage that? That problem plus the reliability problem for paternity purposes would make such tests worthless even before getting to the chain of evidence problem.
In short, your suggestions are not workable in terms of getting a DNA test that could be used in court and could potentially cause the OP to land in prison.
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03-01-2017, 10:38 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My DaughterQuote:
Quoting Taxing Matters
Okay, taking what you say into consideration. Three more possible suggestions for how we can slam this sex offender. Dad goes in and petitions the sheriff to go undercover with him and act like his buddy. Call up the illegal in interest of meeting and getting to know him, go have some Jose Cuervo at the local bar. Catch him on CCTV drinking from the glass, sheriff snags the glass for evidence, saliva is a gold standard for any DNA test its what they use in the state felon DNA registry.
Which leads me to my next idea, is it possible that this guy is already a felon, and might already have his DNA in police custody? In which case, could you petition them to use that for a paternity test.
Failing all that, honestly man. ICE. Call em up, tell em your story. They aren't gonna be happy knowing an illegal sex offender is out roaming free-society. -
03-01-2017, 10:44 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterThis is obviously a troll. I don't care what anyone says this is trolling.Quote:
Quoting bipolarschitzopsychopath
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03-01-2017, 10:53 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My DaughterThis isn't trolling, these are ideas that you don't like because you don't agree with them. We've found a possible work around to the situation of catching this criminal, and you don't like that. For one reason or another you would rather coddle and protect him from the law. A child sex offender? Really?Quote:
Quoting qwaspolk69
I mean all you guys are talking about protecting the integrity of the family relationships (which are obviously already toast), and the sex offender as the provider to the family. You're blaming an allegedly jilted father for using the law for revenge either to get back at his happy daughter, or because he might be racist or something and doesn't like the guy. That's not what this is about.
This is a societal problem, and there are more players and potential players who's interests are at stake than just the family. This is an adult who illegally preyed on a child for sexual gratification. He statutorily RAPED a child, a very dangerous person. What 21 year old seeks sexual relations with a developing 15 year old, that is disgusting? I read on some other thread some 16 yo having an interstate relationship with a 13 yo, and everyone wanted to tell him how wrong and disgusting THAT was. This guy did it once (actually sounds like a whole lot more than just once) what's going to stop him from doing it again at some point later if he has already shown an affinity for children? Same reasoning is used to land sex offenders on the registry for life on their first offense, they can't be cured. This isn't just a private punitive issue, its about protecting society.
Also, who the heck knows whats going on with the 3 identities, but it doesn't sound good, and something criminals are known to do... -
03-01-2017, 11:44 AMgeekRe: Why Won't the Police Charge Statutory Rapist of My Daughter
You sound awfully familiar...
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03-01-2017, 11:49 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterNo one here is denying that the guy is a sexual predator. No one has said that. The thing that the OP and you seem to be missing is that at THIS POINT there is nothing that can be prosecuted. Absolutely nothing. There is no evidence of a crime. Let’s review shall we?Quote:
Quoting bipolarschitzopsychopath
14 years old – The OP finds out his 14 year old daughter had a sexual relationship with a 19-20 year old man. The only evidence they have of this are letters that she had written. They have no physical evidence. They did not see her with this man. They just have letters written by a love struck teenager that may or not even be real now that I read it again. Just because they were writing letters to each other doesn’t mean there is evidence of a sexual relationship. It depends on what was in those letters. (Now if that was me and I found my daughter writing letters to a 19-20 year old man you better believe I would have squashed that shit at 14 and nothing would have continued. I would have tracked down this “man” and made him fear ever putting his dick in anything again). Anyway – so they go to the police station with the letters but the daughter refuses to cooperate. So what can the police do? They don’t have a witness or a victim or a name.
16 years old: The girl is now 16 years old. She’s pregnant. She hasn’t seen the guy in over a year so it’s safe to say she’s probably been with other guys. It’s quite possible that anyone could be the father of that child. They don’t know when she started to see this guy again. Plus she emphatically denies he is the father. They still don’t know his name or appearance or anything about him other than he is 21-22 years old.
17-18 years old: She moves out at 17. Why did they let her move out? At 17 she’s got no control over her life she can only control her child. Her parents should have gone and gotten her and I’m not sure why the hell they let grandma near her when she helped hide the pregnancy and probably allowed that predator near her granddaughter. So I see they tried – and I guess some cops don’t bring back 17 year olds. So the guy is 23 – and somehow they can stalk his or her FB profile? I’m not sure what FB posts they saw that they knew this man was with their daughter. So if they could see it on Facebook don’t they have his name now? Why didn’t they give the police his name before she was 18?
Baby – “Speculation” grows that he is the father. No proof. All they have is this guy’s Facebook page (again now they have his name) saying that is his daughter. And? That proves nothing. At all. That is not irrefutable proof. DNA is irrefutable proof. That’s why the police said they can’t do anything because from their POV there – is – no –crime. If she denies he is the father and there is no DNA evidence to prove he is the father what can they do? What they should have done once they found out who he was while she was 17 was gone to a lawyer and somehow gotten a DNA test.
Then they say they can’t investigate on their own because they don’t know who he is. Yet they have had his name for a couple years now. They claim he has three aliases – well you can investigate those aliases. Also no one said rape is a “victimless” crime. The police said THIS case there is no crime so there is no victim. Would the OP or bipolar like it if police could just come arrest them with no evidence? I doubt it.
So if the OP thinks he’s an illegal immigrant call ICE and give them the aliases. If he gets deported, though, you can deal with your daughter never letting you see your grandchild again once she finds out.
The fact of the matter is that this woman is an ADULT now. Her parents have no control over who she dates. There is nothing to be done about this. They should have dug deeper when she was 14 years old. At this point she can date whoever the hell she wants to date. They can’t stop her. But she can stop them from seeing her child. She probably will the more they push this. It sucks but legally they can’t prosecute him. No one will prosecute this case without a victim giving testimony and/or DNA evidence. The ship has sailed folks. Time to move on. In all actuality he very well could NOT be the father. It could have been some random guy. Who knows? No one except the daughter. It sounds like they should have had her on lockdown when she was 15-16 because she apparently had free reign to do whatever she wanted.
Not every criminal gets prosecuted. Some go to trial and get found not guilty. It’s not a perfect system as we don’t live in a perfect world. Yeah now that she’s 18 you have to just forget about it. The police can’t force a DNA test. Just because he says he’s the father doesn’t really mean shit. Any guy can say he’s the father. It’s not a fact without a DNA test. Especially with a young girl running around doing who knows what. There are plenty of guys who think they are the father of a kid and find out they aren’t.
Now to address your comments bipolar – you already got a response on your very racist comment earlier. Your last three suggestions are so ridiculous it’s not even funny. Why would the sheriff go undercover with the dad? Why would he risk his badge and his career over someone he doesn’t likely know? Your scenario is like a scene from a shitty movie. You could make a movie out of this if you wish. That’s the only place it will exist.
The police aren’t going to run a search on a guy who hasn’t committed a crime as far as they are concerned. So how else is the OP going to find out? He could run the three aliases and find out what comes up in a background search. But that STILL won’t get the DNA if he has any in a police database. Why do you think random citizens can “petition” the police for a DNA sample of someone in their database. I don’t think you understand how things work in the LE system or within the criminal justice system.
There is nothing about that no one “likes” or “dislikes” your ideas. They’re stupid and would never happen. You have found nothing to work around the system to catch him. At all. No one wants to “coddle” or “protect” someone we don’t even know. Nor who is a sexual predator. The fact is that the law can’t touch him. That’s the facts. When did anyone say the father is racist? I missed that one.
Maybe if he preys on another child that one will report him or the parents will catch him. Do you realize how many predators go unnoticed or who never get caught in their entire lives? Or how many times there’s a story of a teacher who gets arrested for having sex with a student and who knows how long he or she was doing that. Hell there was a guy in my last unit who got arrested for child porn and forced sodomy of a child. The state had watched him for a month and when they went in his house found MORE porn. As the case went on in the news I read that the victim of the sexual assault was his own 8 year old daughter. And that in jail letters he said that she “seduced” him. His case lasted almost two years before he was finally convicted on a slew of charges. This guy was in the Army for about 16 years. How long do you think he was doing this? Collecting child porn…molesting and sexually abusing his child? Probably a long time but without EVIDENCE these people don’t get caught and don’t get prosecuted. I have seen in the court martial reports that out of all the sex crimes in the Army, 60% I believe the victims are children. I’d have to check back on the information I had for that. They’re everywhere and they target kids, teens, adults. They all don’t get caught and when they do it’s after multiple victims.
The bottomline is that at this point and for the last few years there has been no evidence of a crime. So there's nothing the OP can do about this especially now that she's 18. It sucks. It's disgusting. But life sucks and it's not fair. -
03-01-2017, 01:09 PMMercy&GraceRe: Why Won't the Police Charge Statutory Rapist of My Daughter
qwaspolk69, not knowing the correct age can be a defense.
bipolarschitzopsychopath, your suggestions and the real world do not go together. Hopefully, the OP won't pay them any attention. -
03-02-2017, 08:06 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterI've seen cases where someone got convicted even using the "I didn't know her/his actual age" defense. A friend's ex actually spent six years in prison for sexual assault of a minor. He was about 20 at the time? I can't remember. She was 15 but he thought she was older. And his mom told me that girl would go visit him in prison after he went too. Now he's in sex offender rehab for who knows how long. He's been there at least a couple years. So more often than not I would assume that the "I didn't know the real age" defense doesn't usually convince a judge or a jury.Quote:
Quoting Mercy&Grace
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03-02-2017, 09:16 AMjumanjiRe: Why Won't the Police Charge Statutory Rapist of My Daughter
Come on, folks.... bipolarschitzopsychopath provides a bit of comic relief!
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03-02-2017, 09:17 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My DaughterYou read about this happening all the time. I too have a friend who was convicted from an encounter with an underage girl who lied.Quote:
Quoting qwaspolk69
Here is a story about a guy who actually even tried to do the right thing, and approach the underaged girls dad after finding out she was actually only 13, he was still prosecuted.
https://jonathanturley.org/2008/06/0...viction-twice/ -
03-02-2017, 09:19 AMTaxing MattersRe: Why Won't the Police Charge Statutory Rapist of My DaughterThree problems. First, while saliva can be used for a DNA test, getting it from the rim of a glass that the person has drank from has a number of problems. The success rate of getting a good sample from that is not particularly high.Quote:
Quoting bipolarschitzopsychopath
Second, I think it extremely unlikely that a Sheriff is going to undertake to participate in something like this just to satisfy an upset father here. Again, the fact that the victim herself, who is now an adult, is not upset by what happened and apparently does not want prosecution is significant.
Third, even if you got a DNA sample of the guy, you still need a DNA sample of the baby and possibly the mother in order to set up the case here. And if the mother is unwilling to cooperate in that, that too is a problem.
Depending on the state laws for accessing that database, if his DNA is already in the state database then the police might be able to use that. However, if his DNA is in there that suggests he has already been convicted of some serious offense. If that were the case and if he was an illegal alien, he would have already been deported by ICE. There is still the problem of getting the DNA samples from the mother and baby, too.Quote:
Quoting bipolarschitzopsychopath
But he hasn’t been convicted of any crime yet. ICE will put a priority on deporting illegal aliens convicted of serious offenses or offenses of moral turpitude. Without a conviction, he’ll be treated like any other alien in this country illegally and who has not been convicted of a crime. This is not to say that the OP shouldn’t report him to ICE. I’m just saying that he ought not get his hopes up too high that much will come from it. And I’ll note that if he is deported that will pretty much kill any chance to collect child support from him. That may not be what is best for the baby.Quote:
Quoting bipolarschitzopsychopath
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03-02-2017, 09:51 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My DaughterAlright thanks for clarifying. Sounds like the only way they could go forward with a case like this is through DNA warrants. I don't understand why they need the victim's compliance to go forward with a case like this. It's a very serious offense and it's also more than a crime against a victim, it's a crime against the state. They don't even need victim cooperation for adult domestic violence cases in some states if they have enough evidence and witnesses to the crime. Plus, can't a victim be compelled to testify honestly by the state at risk of obstruction of justice or perjury? And what about homicide cases and cases involving a victim with severe mental retardation? They can still press forward with the case there without a victim's testimony...Quote:
Quoting Taxing Matters
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03-02-2017, 10:02 AMcbgRe: Why Won't the Police Charge Statutory Rapist of My Daughter
There's a little thing called evidence. Without the cooperation of the alleged victim, it's unlikely they would get enough evidence to prosecute.
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03-02-2017, 10:06 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterIf there's no victim there's no crime. The parents have absolutely ZERO evidence that the man in this case had sex with their daughter when she was underage. The daughter denies that he is the father - so how would they be able to get a warrant for his DNA? Just because he says on Facebook that he's the dad doesn't mean he is the dad.Quote:
Quoting bipolarschitzopsychopath
It's a lot easier to prosecute a domestic violence case if you have the victim cooperating. Sometimes they do drop the case if the victim doesn't cooperate. I have an example for you: About 3 1/2 years ago or so I filed a protection order against my then boyfriend (who I later stupidly married). I also called the police but I did it a day after he beat me up. This incident happened in a hotel room and not where I live. I was visiting and then went back to where I was stationed. A lawyer told me to file the protection order where I was stationed (a different state) and the judge was confused but ultimately granted it.
The police investigation - the first officer I gave my statement to said "Oh we'll arrest him this weekend." Female officer too. That didn't happen. Later on he said the cops came there and he gave a different story so then it turned into he said/she said. Then I find out that this cop is meeting him off duty for lunch and she's telling him everything I was saying to her. So I reported it to the Victim Witness advocate. She reported it to the police chief. They reassigned a male detective to the case and removed the officer. The case went on for two months and they couldn't get him in for a lie detector and he told a completely bs story. The detective believed me. But it was dragging on and going nowhere. Then I got stupid because his family said he was sober and getting better and so I dropped the protection order. Then the detective found out and was pissed and ultimately I said I wasn't going to cooperate anymore because no one believes me and you will never get him to admit this. Ever. The cop said "We can continue without you." I said I know. So he had me write an email to his boss saying I didn't want to cooperate and I wasn't being coerced or threatened, etc. I did. They dropped it because without me there was no case. There was no physical evidence as the hotel room was cleaned. Conflicting stories. That's not going anywhere.
Why didn't I call the cops that day? I was scared. I had never had anyone hurt me like that before. I almost told the front desk person but I kept going. I left him in the hotel, checked out, went to my dad's house. My dad wanted to kill him. He woke up eventually and acted confused and "couldn't remember" "blacked out" because he did meth and was drunk. I don't know. I talked to some people in my unit and they convinced me to call. But it didn't matter because it was my word vs his. No evidence.
Just like this case - there's no evidence. The baby might be but as long as she says that's not the 23 year old man's child no one can do anything. The police can't do anything just like they couldn't do anything when she was 14 because she refused to tell them anything. They had no name. No description. So who would the police question? The girl was the only person who could tell the police anything and she had no issue with it.
I guarantee no prosecutor would take on this case because it's a losing case without evidence. Yes with enough evidence they don't need the victim. But there is NO evidence here. Does it make sense now? They can't press forward in this case without some kind of evidence. -
03-02-2017, 10:14 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My Daughter
And yet all the evidence they need for a conviction is right there in plain sight, they just can't get it. DNA warrant. For one reason or another that's never gonna happen.
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03-02-2017, 10:17 AMqwaspolk69Re: Why Won't the Police Charge Statutory Rapist of My DaughterWhat evidence? There's a very good chance that baby is not his. They'll never get a DNA warrant for this. Ever. No judge would sign a warrant for DNA in this case.Quote:
Quoting bipolarschitzopsychopath
Not for one reason or another - the reason that this guy will NEVER get prosecuted is because there is zero evidence. That's it. That's the sole reason. No evidence. No witnesses. -
03-02-2017, 10:45 AMbipolarschitzopsychopathRe: Why Won't the Police Charge Statutory Rapist of My Daughter
I mean what more circumstantial evidence do you need to get a friggn DNA warrant? What the heck establishes probable cause for one, you seriously need her admission for that? There were letters describing sex between the two around the age of conception, police were contacted about the issue at the time, the relationship was known to last throughout her teenage childhood an into the present. The guy claims to be the father, whatever that means. I understand none of that is direct evidence, but you don't need absolute proof and scientific fact to get a search warrant. Or else you would already have enough for a conviction.
I have had search warrants on me for a few things, and sometimes they were based on as little as circumstantial eye witness testimony and accusations.
I've never been involved in a child porn case, but there was one a few years ago at the university of michigan where a doctor left a zip drive in a public computer with some images on it. Another resident came by and saw the images along with his name on files in the drive. The doctor came back a few hours later and retrieved the drive. All it took to get a warrant to raid his apartment and take ALL of his electronics was the resident's allegation that she saw images and his name on the drive. And that allegation wasn't reported to the police until 9 months later.
Oh well, the case here is obviously moot.