How to Press Rape Charges Against My Father

[Lost_Angel]

My question involves criminal law for the state of: Texas

I am 17 years old, to turn 18 in March. I was a foster child, adopted just this year. Right before being adopted I finally admitted to my adoptive parents and caseworker that I, and my younger sister, had been raped repeatedly over the course of several years by our father. My sister denied, at first, any knowledge of this until this past month when she had a psych evaluation and admitted that such a thing had occured. I did an interview with the children's advocacy center several months ago. However, nothing at all has been done against him. I just found out that he is free and living nearby. I would like to have some peace of mind and surety of my safety. As such, I would like to press charges against him myself to ensure that SOMETHING is done.

I was raped from age eight to fifteen years of age. My sister from age seven to age thirteen. We were also physically abused, which is why CPS removed us. Neither of us had told anyone or admitted to ourselves what had occured until this year. Being as our father was the one raping us, there is no physical evidence of any kind I can think of. We both see therapists who agree the symptoms match someone who had that kind of trauma. No police reports were filed, again as this was our parent and we were told it was normal at the time, there wouln't be.

I really hope I can get some advice on this and soon so I can have some peace of mind.

[Lost_Angel]

My question involves child abuse or neglect in the State of: Texas

I am 17, to turn 18 in three months. My sisters and I were removed from our home for physical and emotional abuse. We were placed with our aunt and uncle, who adopted us this year. A few months before the adoption, I finally admitted to myself and my younger sister being raped repeatedly over the course of several years by my father. My sister initially denied it but admitted it during her psych evaluation and to several people but denies it at the slightest hint of actual reprecussions for our father. I had never admitted that the events had happened before. The last incident occured two to three months before our removal by CPS. I was in complete denial of the events, as was my sister, and dismissed any memories and nightmares. I did an interview with the Childrens Advocacy Center several months ago and nothing has happened at all.

I just found out that he is completely free and had no action taken against him by the state and is living nearby. I am concerned and scared. I would like to press charges myself to make sure something happens, even if they just keep an eye on him to make sure he stays away. I want to press charges for physical and emotional abuse and rape charges against him, at least to make sure he can't ever do this again.

The basic evidence isn't much. Being as he was my father and no one else knew, no charges were pressed, reports filed, or rape tests done. My sister and I both talked seperately about our experiences and they do match, or so I was told. Our therapists, family, and caseworkers say we do exhibit all the symptoms of someone who endured this truama though. Is there any possiblily I can do something?

[Mr. Knowitall]

Ask your case worker if the allegations have been reported to the police and, if so, whether they can identify a detective or prosecutor you can speak with. If not, you can make your own report to the police.

You say "We both see therapists who agree the symptoms match someone who had that kind of trauma" - are we talking about a claim of repressed memories? If neither you nor your sister had no memory of abuse until therapy, that could be causing the police and prosecutor to hesitate before proceeding with a prosecution.

[aardvarc]

The basic evidence isn't much. Being as he was my father and no one else knew, no charges were pressed, reports filed, or rape tests done.

Here's the problem that may be causing the delay, or frankly, may prevent charges from being brought at all. Criminal cases revolve around the state being able to PROVE the elements of the crime, beyond a reasonable doubt. If there were no reports made, no evidence collected, no one else was told....that leaves the state with ONLY the accusation of the victims, and that alone, without SOME other coorborative evidence won't get a conviction, and thus, won't prompt the state's attorney to pick up the case. There's no point to putting you and your sister through the emotional trauma on the stand, or incurring the vast expense of a trial, when they know they can't win the case. You'll say it happened, he'll say it didn't. That's not enough to meet the burden of proof required for a criminal conviction.

Now, with that said, we can't tell from the information given whether an actual criminal complaint has been made. If you didn't personally sit down in a room with a police officer or a detective, odds are pretty good that it hasn't. Until that important initial report is made, there is no case for law enforcement to investigate or prosecutors to prosecute. If that's the case, then that's where to start. For your own emotional safety, please speak to your therapist and your caseworker to ensure that you have adequate support available to you BEFORE making your report to law enforcement.


My sister and I both talked seperately about our experiences and they do match, or so I was told. Our therapists, family, and caseworkers say we do exhibit all the symptoms of someone who endured this truama though. Is there any possiblily I can do something?[/QUOTE]

[needhelpnow123]

regardless whether or not you have evidence, you need to contract state child abuse office. You can simply google the information and call the hot line. Someone will assess you and teach you the RIGHT way to fight your rights. You should definitely take some action first!

[matt4200]

Whether or not the he is convicted I don't believe is necessarily the issue. For a rape victim to take back their control they must confront their abuser in open court letting it be a matter of public record that this person is a rapist and child abuser.

You can contact your local PD or District Attorney to request to file charges.