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  1. #11
    Join Date
    Mar 2013
    Posts
    1,264

    Default Re: B-I-L Slept W/ 15 Year Old Niece

    Let's take a step back for a moment and think this through.

    According to the OP, the uncle and niece slept together twice, once when she was 15 and the second time when she was 18.

    At age 15 there are issues with the niece's inability to consent due to her age, along with the crime of incest. However, at age 18 consent is no longer the issue but incest is still a question. New York Penal law 255.25 defines incest as (among other things) being certain sex acts between uncle and niece whether their relationship be by blood or marriage. So in the second incident, the niece would be equally open to prosecution for incest as the uncle.

    In pursuing such a matter you cannot complain about the the uncle having sex with the niece when she was 15, but have selective amnesia about the two of them consensually having sex when she was 18.

    So, letís think this through for a minute. The family convinces the niece to report what happens. The niece says it happens, the uncle denies it. It's she said/he said and absent additional supporting evidence, the case is likely to go nowhere. However, the niece has confessed to voluntarily committing incest at age 18, a felony, even though her co-conspirator denies being a participant. In doing so, police reports (public documents) will have been prepared, memorializing her confession to felonious acts, damaging her reputation forever. All of this will have been done to satisfy the desire for revenge by third party relatives who were not a part of the event and who were never damaged by it in the first place. Remember the law of unintended consequences. Is this what the family really wants?

    Don't wast money buying a plane ticket back to New York. Don't waste the police and prosecutor's time on a case against the uncle that will go nowhere. Don't put the niece at risk of prosecution by asking her to confess to a crime just to extract revenge against the uncle. Just settle this within the family.

  2. #12

    Default Re: B-I-L Slept W/ 15 Year Old Niece

    It's been a few years so I thought I'd update. In May of 2017 the whole thing was pretty much over with. ipad wasn't fixed and neice wasn't going to press charges afaik. Well, we all know by all my posts the whole family is dysfunctional and chaotic anyway.... my sister (wife of BIL who slept w/ neice), supposedly came home at 2-3 am and saw husband in bed w/ 5 yr old daughter. They got into a huge drunken fight, cops called, he fled to North Carolina (his mommy lives there and he was drunk off his rocker... it's amazing he actually made it alive and w/o killing anyone in the process). The youngest often slept in the parents bed as she was scared of the dark etc... Yes THIS IS LEGIT. That said, that started the whole process. My sister, in her not so sober mind, took neice to the ER, they did a rape test, the whole 9 yards. He came back a few days later and detectives got him as he stepped out of the car at home and arrested him. DNA results came back a few weeks later and guess what? NO DNA.... NO MARKS, NO NOTHING! So my other two sisters and I figured she wanted him out of the house and this was a way to do it. He was already in jail so now because of this and the thing w/ the neice after a year of legal stuff and the ipad being fixed by whomever does that stuff in the system... he was convicted of oral sex w/ a minor (because that's what the messages said on the ipad). I guess because of everything he ended up with 3 years including time served... so two years. his parole date is 2/2020 and conditional release is 4/2020 AND his maximum date is 09/2020. I won't even tell you what happened w. my sister in 2018/2019.... lets just say we'll save that for Jerry Springer or Steve Wilkos... smh. I'll just say that the three kids are living w/ BIL's mother and even tho that's crazy, they're better off there than w/ their own mother sadly. They're doing quite well, eating three meals a day, going to school, doing WELL in school. Maybe someday my sister will find her way to being a healthy functioning person. :-(

  3. #13
    Join Date
    Jun 2014
    Posts
    3,176

    Default Re: Statutory Rape by an Uncle

    I hope the little girl is receiving professional counseling. The 20 year old needs it too. But at her age it is her decision.

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