Why Won't the Police Charge Statutory Rapist of My Daughter

[qwaspolk69]

qwaspolk69, not knowing the correct age can be a defense.

bipolarschitzopsychopath, your suggestions and the real world do not go together. Hopefully, the OP won't pay them any attention.

I've seen cases where someone got convicted even using the "I didn't know her/his actual age" defense. A friend's ex actually spent six years in prison for sexual assault of a minor. He was about 20 at the time? I can't remember. She was 15 but he thought she was older. And his mom told me that girl would go visit him in prison after he went too. Now he's in sex offender rehab for who knows how long. He's been there at least a couple years. So more often than not I would assume that the "I didn't know the real age" defense doesn't usually convince a judge or a jury.

[jumanji]

Come on, folks.... bipolarschitzopsychopath provides a bit of comic relief!

[bipolarschitzopsychopath]

I've seen cases where someone got convicted even using the "I didn't know her/his actual age" defense. A friend's ex actually spent six years in prison for sexual assault of a minor. He was about 20 at the time? I can't remember. She was 15 but he thought she was older. And his mom told me that girl would go visit him in prison after he went too. Now he's in sex offender rehab for who knows how long. He's been there at least a couple years. So more often than not I would assume that the "I didn't know the real age" defense doesn't usually convince a judge or a jury.

You read about this happening all the time. I too have a friend who was convicted from an encounter with an underage girl who lied.

Here is a story about a guy who actually even tried to do the right thing, and approach the underaged girls dad after finding out she was actually only 13, he was still prosecuted.

https://jonathanturley.org/2008/06/0...viction-twice/

[Taxing Matters]

Okay, taking what you say into consideration. Three more possible suggestions for how we can slam this sex offender. Dad goes in and petitions the sheriff to go undercover with him and act like his buddy. Call up the illegal in interest of meeting and getting to know him, go have some Jose Cuervo at the local bar. Catch him on CCTV drinking from the glass, sheriff snags the glass for evidence, saliva is a gold standard for any DNA test its what they use in the state felon DNA registry.

Three problems. First, while saliva can be used for a DNA test, getting it from the rim of a glass that the person has drank from has a number of problems. The success rate of getting a good sample from that is not particularly high.

Second, I think it extremely unlikely that a Sheriff is going to undertake to participate in something like this just to satisfy an upset father here. Again, the fact that the victim herself, who is now an adult, is not upset by what happened and apparently does not want prosecution is significant.

Third, even if you got a DNA sample of the guy, you still need a DNA sample of the baby and possibly the mother in order to set up the case here. And if the mother is unwilling to cooperate in that, that too is a problem.

Which leads me to my next idea, is it possible that this guy is already a felon, and might already have his DNA in police custody? In which case, could you petition them to use that for a paternity test.

Depending on the state laws for accessing that database, if his DNA is already in the state database then the police might be able to use that. However, if his DNA is in there that suggests he has already been convicted of some serious offense. If that were the case and if he was an illegal alien, he would have already been deported by ICE. There is still the problem of getting the DNA samples from the mother and baby, too.

Failing all that, honestly man. ICE. Call em up, tell em your story. They aren't gonna be happy knowing an illegal sex offender is out roaming free-society.

But he hasn’t been convicted of any crime yet. ICE will put a priority on deporting illegal aliens convicted of serious offenses or offenses of moral turpitude. Without a conviction, he’ll be treated like any other alien in this country illegally and who has not been convicted of a crime. This is not to say that the OP shouldn’t report him to ICE. I’m just saying that he ought not get his hopes up too high that much will come from it. And I’ll note that if he is deported that will pretty much kill any chance to collect child support from him. That may not be what is best for the baby.

[bipolarschitzopsychopath]

Second, I think it extremely unlikely that a Sheriff is going to undertake to participate in something like this just to satisfy an upset father here. Again, the fact that the victim herself, who is now an adult, is not upset by what happened and apparently does not want prosecution is significant.

Alright thanks for clarifying. Sounds like the only way they could go forward with a case like this is through DNA warrants. I don't understand why they need the victim's compliance to go forward with a case like this. It's a very serious offense and it's also more than a crime against a victim, it's a crime against the state. They don't even need victim cooperation for adult domestic violence cases in some states if they have enough evidence and witnesses to the crime. Plus, can't a victim be compelled to testify honestly by the state at risk of obstruction of justice or perjury? And what about homicide cases and cases involving a victim with severe mental retardation? They can still press forward with the case there without a victim's testimony...

[cbg]

There's a little thing called evidence. Without the cooperation of the alleged victim, it's unlikely they would get enough evidence to prosecute.

[qwaspolk69]

Alright thanks for clarifying. Sounds like the only way they could go forward with a case like this is through DNA warrants. I don't understand why they need the victim's compliance to go forward with a case like this. It's a very serious offense and it's also more than a crime against a victim, it's a crime against the state. They don't even need victim cooperation for adult domestic violence cases in some states if they have enough evidence and witnesses to the crime. Plus, can't a victim be compelled to testify honestly by the state at risk of obstruction of justice or perjury? And what about homicide cases and cases involving a victim with severe mental retardation? They can still press forward with the case there without a victim's testimony...

If there's no victim there's no crime. The parents have absolutely ZERO evidence that the man in this case had sex with their daughter when she was underage. The daughter denies that he is the father - so how would they be able to get a warrant for his DNA? Just because he says on Facebook that he's the dad doesn't mean he is the dad.

It's a lot easier to prosecute a domestic violence case if you have the victim cooperating. Sometimes they do drop the case if the victim doesn't cooperate. I have an example for you: About 3 1/2 years ago or so I filed a protection order against my then boyfriend (who I later stupidly married). I also called the police but I did it a day after he beat me up. This incident happened in a hotel room and not where I live. I was visiting and then went back to where I was stationed. A lawyer told me to file the protection order where I was stationed (a different state) and the judge was confused but ultimately granted it.

The police investigation - the first officer I gave my statement to said "Oh we'll arrest him this weekend." Female officer too. That didn't happen. Later on he said the cops came there and he gave a different story so then it turned into he said/she said. Then I find out that this cop is meeting him off duty for lunch and she's telling him everything I was saying to her. So I reported it to the Victim Witness advocate. She reported it to the police chief. They reassigned a male detective to the case and removed the officer. The case went on for two months and they couldn't get him in for a lie detector and he told a completely bs story. The detective believed me. But it was dragging on and going nowhere. Then I got stupid because his family said he was sober and getting better and so I dropped the protection order. Then the detective found out and was pissed and ultimately I said I wasn't going to cooperate anymore because no one believes me and you will never get him to admit this. Ever. The cop said "We can continue without you." I said I know. So he had me write an email to his boss saying I didn't want to cooperate and I wasn't being coerced or threatened, etc. I did. They dropped it because without me there was no case. There was no physical evidence as the hotel room was cleaned. Conflicting stories. That's not going anywhere.

Why didn't I call the cops that day? I was scared. I had never had anyone hurt me like that before. I almost told the front desk person but I kept going. I left him in the hotel, checked out, went to my dad's house. My dad wanted to kill him. He woke up eventually and acted confused and "couldn't remember" "blacked out" because he did meth and was drunk. I don't know. I talked to some people in my unit and they convinced me to call. But it didn't matter because it was my word vs his. No evidence.

Just like this case - there's no evidence. The baby might be but as long as she says that's not the 23 year old man's child no one can do anything. The police can't do anything just like they couldn't do anything when she was 14 because she refused to tell them anything. They had no name. No description. So who would the police question? The girl was the only person who could tell the police anything and she had no issue with it.

I guarantee no prosecutor would take on this case because it's a losing case without evidence. Yes with enough evidence they don't need the victim. But there is NO evidence here. Does it make sense now? They can't press forward in this case without some kind of evidence.

[bipolarschitzopsychopath]

And yet all the evidence they need for a conviction is right there in plain sight, they just can't get it. DNA warrant. For one reason or another that's never gonna happen.

[qwaspolk69]

And yet all the evidence they need for a conviction is right there in plain sight, they just can't get it. DNA warrant. For one reason or another that's never gonna happen.

What evidence? There's a very good chance that baby is not his. They'll never get a DNA warrant for this. Ever. No judge would sign a warrant for DNA in this case.

Not for one reason or another - the reason that this guy will NEVER get prosecuted is because there is zero evidence. That's it. That's the sole reason. No evidence. No witnesses.

[bipolarschitzopsychopath]

I mean what more circumstantial evidence do you need to get a friggn DNA warrant? What the heck establishes probable cause for one, you seriously need her admission for that? There were letters describing sex between the two around the age of conception, police were contacted about the issue at the time, the relationship was known to last throughout her teenage childhood an into the present. The guy claims to be the father, whatever that means. I understand none of that is direct evidence, but you don't need absolute proof and scientific fact to get a search warrant. Or else you would already have enough for a conviction.

I have had search warrants on me for a few things, and sometimes they were based on as little as circumstantial eye witness testimony and accusations.

I've never been involved in a child porn case, but there was one a few years ago at the university of michigan where a doctor left a zip drive in a public computer with some images on it. Another resident came by and saw the images along with his name on files in the drive. The doctor came back a few hours later and retrieved the drive. All it took to get a warrant to raid his apartment and take ALL of his electronics was the resident's allegation that she saw images and his name on the drive. And that allegation wasn't reported to the police until 9 months later.

Oh well, the case here is obviously moot.