Can a Mother Blackmail Her Daughter's Rapist
My question involves criminal law for the state of: California
My daughter is in her 30's. She was raped and threatened when she was a young teenager by my live-in boyfriend. I just found out. she does not want to relive this time in her life.she works in a very public job and has children now, small town. This man abused me too ending the relationship when he kidnapped me and my youngest daughter vowing we would never wake up.he was charged with that crime. During our relationship he convinced me to spend 10,000. from my oldest girl bank accounts and that he would put the money back when he received his inheritance. He has received it now. the time to take him to court has elapsed. But I was told by the local police dept that he can still be charged with the rape and violent threats to her at that time. I dont want her to have to go through court system now but I want to have the money given back to them plus interest. Can I do this legally? Who could help me?
Re: Can a Mother Bribe Her Daughters Rapist
No, first it is an empty threat as your daughter has made it clear that she isn't going to file any charges.
Second it is simply against the law.
CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )
518.
(a) Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.
(b) For purposes of this chapter, “consideration” means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647.
(c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part.
Re: Can a Mother Blackmail Her Daughter's Rapist
Quote:
Quoting
hilayann57
Can I do this legally? Who could help me?
I'm not quite sure what "this" refers to here. If you threaten this man with reporting his alleged criminal activity in order to induce him to give you money, that's extortion. If, in fact, the time to sue him has elapsed, then that's that. If you really want your daughter to have some money, give it to her yourself since you're the one who gave it away in the first place.
By the way, why are you still in contact with this man after all these years?
Re: Can a Mother Blackmail Her Daughter's Rapist
The "this" in the post is the subject of the post.
Re: Can a Mother Blackmail Her Daughter's Rapist
I am not in contact with this person. I do help my daughter when ever she needs help both financial and spiritually and I will never be free of the guilt and shame I feel not being able to protect my daughter. Thank you for the information.
Re: Can a Mother Blackmail Her Daughter's Rapist