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  1. #1
    Join Date
    Feb 2018
    Posts
    1

    Default Non-Victim Child is Unable to See His Sex Offender Stepparent

    My question involves criminal law for the state of: Texas

    In November 2017 my husband received 5 years deferred judification for taking a photo of my daughter (age 13) while in the bath. He is also a RSO for life. I also have a 17 year old son, who has since been able to see his stepdad and make amends. And, I have an 11 year old son who is unable to see his stepdad. I married when the 11 y/o was 5 and he sees him as his father since his real dad is not involved. Supposedly we have the best criminal lawyer in Houston. But we struggle to make contact with the lawyer. And he only represents my husband. There is no one to speak for me or our 11 y/o who has gone almost a year without seeing his dad. My son fights daily to stay positive and hopeful that soon he could have a monitored visit. But I am not hopeful at all in our system. Nor do I have faith in the judge that she even cares what has happened to my son as the collateral damage of my husbands crime.

    Does my 11 y/o have rights? I’m certainly not pushing for my daughter to see him...she’s not ready. But my son is hurting beyond my control or capacity to comfort and I am at a loss. Who speaks for the children who are caught in this web? What can I do as a parent to speak for him or fight for his rights? My husband is fearful of even asking to see his son for fear that the judge will get annoyed and slap a stiffer sentence on him. His lawyer won’t speak to me or answer any questions or concerns I have. The HPD officer that made the arrest never even sent a social worker to his school, which makes me think they don’t know he exist. I have reached out to her as a last resort. She was not sympathetic at all to our situation. He was arrested with keeping children safe in mind and for that I am grateful. But now what? I’m lost. I’m a single mom with little income with a quickly fading son. He just wants to see his dad. It wouldn’t matter if there were 100 monitors in the room.
    Please help me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Victim Child Unable to See His Sex Offender Stepparent

    If your husband is not willing to address the issue with the court, nothing you can do will change the terms of his probation and the associated restrictions on his being around children (specific children, or children in general). The onus is on him.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Victim Child is Unable to See His Sex Offender Stepparent

    Both you and your son need to be in counseling. You, especially.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Non-Victim Child is Unable to See His Sex Offender Stepparent

    Have to agree with Dogmatique on this one.

    As a mother it is now your duty to protect all three of your children. How can you possibly think it would be a good idea for your younger son to be around any person who took a picture of your daughter naked? Have you even tried to explain that to your younger son? How would your daughter feel knowing that both her brothers (and her mom) are taking up for this guy? This wasn't an innocent mistake....this was criminal. And you want to continue to expose your children to this man? Even supervised? It's not surprising that no one is sympathetic to your situation and that should make you wonder why....not his lawyer, not the social worker, etc. And pretty much so far, no one out here.

  5. #5
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Non-Victim Child is Unable to See His Sex Offender Stepparent

    Courts do not seek only to protect prior victims from a sexual abuser. They also try to protect any potential future victims. Most non-abusing parents also try to accomplish this. Most normal people would see the protection of your son from sexual abuse to outweigh any emotional separation issues. Your son wants what he wants because he is 11. At 11, every boy wants his dad and no boy can see his dad's deep flaws at that age. That is where adults come into the picture. One day your son will reflect on what his dad did to his sister and be repulsed by him. At 11 he can't do that so responsible adults are acting to protect him. His mom should join that crowd.

    Asking whether 11 year olds have rights is highly misguided. No, they don't have the right to cling to a sex abuser because they are too young to make appropriate judgments. And it is not Houston PD's place to send social workers to your son's school.

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