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  1. #1
    Join Date
    Aug 2013
    Posts
    3

    Default Sexual Assault Allegation by a Sibling

    My question involves criminal law for the state of: Florida

    I am involved in a nasty family dispute with 2 sisters.

    Sister #1 is "ill" and has an intense hatred of me. Sister #2 has tolerated me in the past and our relationship has been strained for the past few years. Sister 1 and sister 2 are very close. Sister#1 lives out of state and Sister #2 lives about 45 min away.

    I wrote a short letter to sister 1 asking her to return an item belonging to our mother. My mothers relationship with her is about the same as mine. The only thing I said in the letter that must have set this all off was " If you choose not to send the item back, it will come back to bite you." Here's a copy:

    xxxxx,

    I understand from mother that you have all the old family movies, and have had them transferred to cd/dvd’s. Now that you are done with them, they need to be returned to her (Mom). Get all of them boxed up, take them to a FedEx shipping center and use my FedEx account number (123456789) to ship them back to her.
    From what mom has told me recently, xxxxx has had these in her possession for years with the intent of doing what you have done with them. She also told me that she has asked xxxxxx to give them back numerous times, and xxxxxx has refused saying they were “hers”. They are not hers, yours, or mine. I don’t know and don’t care how they came to be in your possession, all I know is that mom is upset because, as she says, “It’s all that I have left.” It may sound dramatic, but I understand her. How would you feel if one of your kids took all your family videos or whatever and refused to return them? This whole thing is just so petty.
    Don’t ask xxxxx, just do what’s right. If you choose to not do that, I’m telling you it’ll just come back to bite you. I think 2 weeks from now would be more than enough time for this to get done.
    This is not open for discussion. Nothing could justify keeping them from her. Nothing.

    Me

    A few days later I received a package from sister #1 that was full of feces. Yes, feces. The next day I went to sister #2 with a copy of the letter I originally sent to sister #1 and the box of feces. Sister#2 said she already knew about it and I deserved it. Right then I knew where I stood and went to leave. As I was putting my truck in gear she took the box out of the back of my truck. I stayed in my truck and watched her put it in a trash bin, and repeatedly told her to put it back. She refused even after I threatened to call the sheriff. At that point I left and went to a gas station and called the PD. They showed up and I explained what was going on. I told them that regardless of what was in the box, I needed it back so I could have it as evidence against sister #1. They left and came back a while later saying she denied taking anything. It was not in the trash bin when they looked and since she probably took it in her house, and they couldn't do anything more without a search warrant which no judge was going to issue. The only thing they could do is make a report. I can pursue it with the magistrate if I choose to.

    Today I filed a report with the sheriff in my county, and with the sheriff in sister #1's county. I also filed a report with the shipper of the package. Nobody knows about these other reports.

    I'm assuming that Sister #2 immediately called Sister#1 to tell her that I called the PD on her. All day long I have been getting emails from sister #1 trying to elicit a response from me. None have been answered. The last message I got was the shock of my life. She said "I went to court today to get a Protection Order against you, in front of the judge I read him the letter you had sent me and told him you are a very unstable person and myself and family are very concerned for our safety. Although he sympathized with me, as of now no laws have been broken so he could not grant me the protective order. But, now that is on record and legally done, if you happen to show up at my door, you will and can be arrested. You will receive a copy of the protective order in the mail. In the mean time - If I receive any threats by you in any way or form the Protective order will be put in place!
    In other words, I will have nothing to do with you and hope I have made this fully clear to you.

    Also, The judge informed me that there is no statue of limitation on sexual assault. "Just for your information""

    I'm 1000 miles away from her, but this scares me to death and I have no idea what she (sister1) is talking about. I can't help but feel like sister #2 is in on it too because they tend to plot things together. She (sister #1) obviously has a problem, and if she chooses to pursue such an outrageous accusation I have no idea how to defend myself. The accusation is enough to ruin someone and if she can lie to the right people I fear I might get a knock at the door and be arrested. I am truly afraid and can't stop looking out the window every time a car goes by.

    I'm self employed, thus poor, so I can't just run out and hire an attorney. Plus what would I hire one for at this point if I could. It seems like the only thing I can do right now is seek advice here on how to protect myself, or wait to be arrested and rely on a public defender and the system.

    Please give me any advice you can and what to do or not do if I am arrested. I have no clue since it's never happened to me before.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Sexual Assault Allegation

    Well, I can see why the sister/s perceived your letter as being a direct threat. That was a huge mistake you made.

    That aside though, there's really not a whole heck of a lot you can do proactively.

    Except stop ALL contact with the sisters. Change your number if you have to.

  3. #3
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Sexual Assault Allegation

    Thanks.

    Forgive me for sounding stupid, because after reading what you said, I still don't get it. Where is the direct threat? Was it this? "I’m telling you it’ll just come back to bite you." because honestly that's all I see. I try to choose my words carefully, but I can't control how they are perceived.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Sexual Assault Allegation

    You really can't see how "If you choose not to send the item back, it will come back to bite you" can come across as threatening?

    Really?

  5. #5
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Sexual Assault Allegation

    Yes, I can see what you're saying. It wasn't meant to be threatening, it was merely an attempt to be stern like a parent telling a child their actions have consequences. In this case an even further deterioration of our entire families relationships.

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