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  1. #1

    Default 15-Year Old Son Accused of Sexual Assault

    My question involves criminal law for the state of: Massachusetts

    My fiance and I live together. In December his daughter, who will be 16 in May, came to live with us. We've had trouble with her since she came with lies, having sex with boys, sneaking out at night and spent a week in a psychiatric hospital.

    Last week the school called us in saying there was a serious problem. She has accused my 15 year old son of sexual assault. Initially at the school, I was told he was "inappropriate" with her and made her uncomfortable. They had the police there and when they came into the office I was asked to leave. (It gets worse as at the time my fiance had a couple of drinks earlier and was placed in protective custody.) My fiance kept telling them that this is wrong; he knows my son wouldn't do anything, etc. This made everyone angrier: the school, the police, Family Services. They kept saying, "Your daughter is a victim." And he kept saying, "She's not a victim. I don't know what's going on here but I don't believe this."

    I spoke with my son and he said about a week earlier he asked her, "How about a kiss?" She said, "Maybe later." He put his hand on her knee and said "When?" She replied with, "Later." He left the room and thought nothing more of it.

    About a week before she made the accusations, she asked her dad and I if she could go back to her old school. We told her no, that she wouldn't be changing schools until we moved. (Had plans to move out west.)

    I called an attorney who told me to just wait until police wanted to question him and then to call her. The girl has been removed from our home from Family Services and is staying with my fiance's sister (at her old school.)

    Both of us feel that she is troubled but that she was coerced into saying things that weren't true by a guidance counselor at school. In the meantime, Family Services has told my fiance that "just say what we tell you and you'll get your daughter back," and "You need to say you believe your daughter or you'll never get her back." The social worker also told him that my son had penetrated her on two occasions with his fingers.

    I have grilled my son over this and I believe him. I can tell when he lies and by his reaction, I know he's telling the truth.

    The police have not interviewed him but have interviewed three of his friends, all who have said they never saw or heard my son say anything to her.

    What are the possible outcomes of this? I figure the DA can go forward or not charge him. If they do charge him, my guess is we can plea something out or go to trial. Being they are both minors, IF it went to trial and IF he was found guilty, what are the possible penalties?

    It really comes down to his word against her word. He has no criminal record and both are minors, with her being slightly older. He does have some depression issues but no other mental health issues. He is also a virgin. She has had psych issues, acting out sexually, etc. Don't know if that's going to be allowed in to either a hearing or a trial.

    I am worried sick over this. I used to work for the court system and know how often things get twisted.

  2. #2

    Default Re: 15-Year Old Son Accused of Sexual Assault

    Just bumping this up to see if anyone has any thoughts on this. I am heartsick but also making myself physically sick with all of this.

  3. #3
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    Default Re: 15-Year Old Son Accused of Sexual Assault

    The instruction not to post to your own thread is there for a reason.

    I think you were sensible to consult a criminal defense lawyer and, as the lawyer said, should get back in touch with that lawyer (or another lawyer you trust to handle the matter) if the police call to interview your son.

    The penalty for the alleged offense would depend upon what offense is ultimately charged and the eventual disposition of that charge. A big concern would be not only the penalty, but whether the charge results in a requirement to register as a sex offender.

    Meanwhile your fiancé has to decide where his priorities lie. If he wants to regain his daughter in the short-term it sounds like he's going to need to move out and provide her with a home that does not include your son. Whether or not that changes in the longer-term isn't something I can tell you. He should be working with a lawyer of his own in relation to the protective proceedings. (You're stating that he was drunk when the police and protective services arrived to investigate the report?)

  4. #4

    Default Re: 15-Year Old Son Accused of Sexual Assault

    Quote Quoting worriedmommass
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    (It gets worse as at the time my fiance had a couple of drinks earlier and was placed in protective custody.)
    Is it just me, or does it seem counter productive to have a teen with some substantial issues coming to live with a parent who has this level of dysfunction? Where is the other parent? WHY did she come to live with dad?

    My fiance kept telling them that this is wrong; he knows my son wouldn't do anything, etc.
    Nobody KNOWS anything about anyone. Every parent thinks their child "could never...." (fill in the blank). Unless the parent is with the child 24/7, they can't know.

    This made everyone angrier: the school, the police, Family Services. They kept saying, "Your daughter is a victim." And he kept saying, "She's not a victim. I don't know what's going on here but I don't believe this."
    She reported that something had happened to her. That makes her the victim in the case.


    I spoke with my son and he said about a week earlier he asked her, "How about a kiss?" She said, "Maybe later." He put his hand on her knee and said "When?" She replied with, "Later." He left the room and thought nothing more of it.
    Does your son "get it" that this girl would be essentially his sister, if you marry your fiance? So he DID solicit intimate behavior from her, by his own admission.

    I called an attorney who told me to just wait until police wanted to question him and then to call her.
    If police feel they have a viable case, they'll pursue it. If they don't, they don't. All he CAN do, it wait and see.

    Both of us feel that she is troubled but that she was coerced into saying things that weren't true by a guidance counselor at school.
    Any proof of that? Were any of you present? What would be the guidance counselor's motivation to do so? All the counselor had to do was call the police (as a mandated reporter) and let THEM investigate.

    In the meantime, Family Services has told my fiance that "just say what we tell you and you'll get your daughter back," and "You need to say you believe your daughter or you'll never get her back." The social worker also told him that my son had penetrated her on two occasions with his fingers. I have grilled my son over this and I believe him. I can tell when he lies and by his reaction, I know he's telling the truth.
    Famous last words of every parent. UNortunately for your son, a mother's character support doesn't trump an allegation. On the PLUS side, however, an accusation alone accomplishes little. The state has the burden to PROVE the elements of any crime charged beyond a reasonable doubt. Examining truth is why we have trials and juries (which only kicks in IF the state actually brings a formal criminal charge, which hasn't happened here, at least not at this point).

    What are the possible outcomes of this?
    Lots of possibilities. From the whole thing going away because can't find evidence of a crime, all the way to arrest, trial, conviction, and possibilities for incarceration. Without seeing what cards the police and later a prosecutor might have to play, it's all speculation at best.

    I figure the DA can go forward or not charge him.
    Correct.

    If they do charge him, my guess is we can plea something out or go to trial.
    Yes, a plea offer being up to the DA to make.

    Being they are both minors, IF it went to trial and IF he was found guilty, what are the possible penalties?
    Depends on whether they try him as an adult or a juvenile, the number of counts charged, and what exact charge(s) he's convicted on. There are WAY too many possibilities and variables at this point to begin to give any meaningful direction on penalties.


    It really comes down to his word against her word.
    As if often the case in MOST sexual-activity related cases.

    He has no criminal record and both are minors, with her being slightly older. He does have some depression issues but no other mental health issues.
    Except that he wants to kiss his pseudo-sibling. Most juries aren't going to find that palatable.


    He is also a virgin.
    And you know this how? (Not that it's relevent to what he's being accused of.)

    She has had psych issues, acting out sexually, etc. Don't know if that's going to be allowed in to either a hearing or a trial.
    Not likely. A victim's prior sexual history isn't relevent to what happened in a new situation and most states allow suppression of such history.

  5. #5

    Default Re: 15-Year Old Son Accused of Sexual Assault

    Thanks for the responses. At this point, we'll have to wait and see when and if he is charged with something. Which, according to the attorney, could be now or many months out.

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