My Stepson Needs Help!

[dnsdruidess]

What is the name of your state?New York - My stepson was arrrested & convicted in 1994 of ATT Sodomy. (He was 14 and he was caught having consentual sex with a girl who was 13. Her father caught them and pressed charges against him.) He was released after 6 years for time served. Since his release he has been actively searching for work and staying away from trouble.
Before going to prison, he had a baby daughter. (The charges were NOT from the baby's mother) He hadn't seen his daughter since he was arrested. Now his daughter is 11, and he has been seeing her for the last 4 weeks every Saturday. (His daughter's mother has lost custody of the child to her cousin because she had a drug habit. The mother is now getting her life back together and will, hopefully, have legal custody of the child back by next summer.) The child is allowed visits with the mother every Saturday. The mother has been taking the child to see the father and his family.
The daughter's school counselor has heard that the father was in jail and what he went in for and has now requested that he go to court and file for visitation. She does not feel it is good for the child to see her father in light of his crime. the legal guardian of the child is going along with the counselor. (This same guardian has also lied to the child and told her that her father went to jail for murder.)
My stepson was a very angry and violent teen with his own childhood history of sexual and physical abuse. Being in prison has calmed him down and he is determined to do right and never to go back there. The man he is now is not the same boy who went into prison in 1994. He loves his daughter and wants to be in her life. He would never hurt her.
Whta can he do? What are his rights as her father? Can the visits be stopped just like that? He loves this little girl very much and he does not want to lose her again after all this time without her.

 

[tigger2two]

if he doesn't have court ordered visitation then yes they can be stopped whenever the guardian wants to stop them. Does your son pay CS? Has he ever legally established paternity? These are all steps that need to be taken if they haven't already.

Your son needs to get an attorney and go to court for visitations. It will be up to a judge as to how much time or when his visitations are but at least that way your son would know for sure that he can be a part of his childs life.

 

[rmet4nzkx]

Obviously a lot more to this sad story. They were both children and while they may have "consented" they were not of the age of consent nor was your stepson of the age for statuory rape so that other charge. 6 years seems excessive none the less considering his age at the time of the offense and based on what you convey. It is also understandable that the girl's father would press charges and may have ultimately allowed your stepson some opportunity to work on problems. Yes it is important to go through the courts, that means establishing paternity, custody and visitation. While understandable that the guardian may be protective of the child, telling her that her father was a murderer rather than the truth has it's own set of problems.

Is there a Guardian as Litem for the child, if not now would be the time to petition for that as all the legal process may still affect the child. How do the visits go? Is the mother of the child using the child or visitation as some sort of a ploy? Were your stepson's parental right's terminated? or any custody established in court? Has he taken any parenting classes? Has he petitioned to have his record exspunged? If not that will help with many issues surrounding his record as a minor and make life in general a bit easier, it will seal records to some extent. Here is a link to information about that process in NY, : New York Expungement Law Summary New York Consolidated Laws § 995-c. Youth offenders may have records expunged in the court’s discretion, using the inherent authority of the court. Fam. Ct. http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/NY/NY-EXP.htm

 

[rmet4nzkx]

Does anyone know more about sentencing for juvinile offences in NY? 6/? years seems excssive for attempted Sodomy, obvious not sodomy since pregnancy occured but most likely couldn't charge rape because of the age. The NY state sodomy law was repealed in 2000 which was 6 years after the offence and posibly why he was released for time served and NY may not have had laws to cover the situation in 1994 however, they are currently codifying laws for similar circumstances although not aggravated and I have a problem telling a child their father is a murderer
: A04780 Summary:
SPONSOR Young
COSPNSR Kolb, O`Connell
MLTSPNSR Finch

Amd SS1.20 & 190.71, CP L; amd SS10.00 & 30.00, Pen L; amd S301.2, Fam Ct Act
Expands juvenile offender status to include rape in the first degree, sodomy in
the first degree, aggravated sexual abuse in the first degree, aggravated
sexual abuse in the second degree and aggravated sexual abuse in the third
degree if committed by persons thirteen, fourteen or fifteen years of age.
<snip>
TITLE OF BILL : An act to amend the criminal procedure law, the
penal law and the family court act, in relation to providing juvenile
offender status to persons thirteen, fourteen or fifteen years of age
who have committed certain sex offenses

PURPOSE OR GENERAL IDEA OF BILL : Expands juvenile offender status to
include certain sex offenses committed by persons 13, 14, or 15 years
of age.

SUMMARY OF SPECIFIC PROVISIONS : This bill establishes that rape,
sodomy, and aggravated sexual abuse are serious violent crimes, even
when committed by persons as young as 13. Extension of the juvenile
offender status to include this group of sex offenses will allow for
stiffer penalties for offenders, and importantly, include young sex
offenders in the Megan`s Law Sex Offender Registry.

JUSTIFICATION : Currently, the law does not adequately address the
serious nature of violent acts committed by young sexual predators or
the high rate of recidivism common to sex crimes. This legislation
would change that by treating violent sex offenses as crimes worthy of
serious punishment, and provide that young sexual predators be
included in the Megan`s Law Sex Offender Registry so that the
appropriate authorities are able to track these criminals as they
enter the age of majority.
PRIOR LEGISLATIVE HISTORY : 03/21/02 referred to codes
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : November 1, following adoption.

S 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter`s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person`s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person. Sexual abuse in the third degree is a class B misdemeanor.

S 130.40 Sodomy in the third degree. (repealed 2000)
A person is guilty of sodomy in the third degree when: 1. He or she engages in deviate sexual intercourse with a person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in deviate sexual intercourse with a person less than seventeen years old; or 3. He or she engages in deviate sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent. Sodomy in the third degree is a class E felony.

S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when: 1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or 3. He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.

Source: New York Consolidated Laws, (http://assembly.state.ny.us/leg/?cl=82&a=29) updated as of (As of 3/1/2002)