Need serious advice, Mother raped**************

[xamadeix]

What is the name of your state (only U.S. law)? Massachusetts

Hi, I'm need some serious advice, I'm going to try to explain this as simple as I can. I live in a apartment complex. My mother was recently raped by a neighbor that lives on the first floor. We went to court and they granted us a Harassment Order. I'm not sure what to do. My mom is very scared to even leave the house. What kind of housing rights do I have? She cannot afford to move and neither can I. I don't know what to do.

Thanks, John.

 

[cbg]

What kind of housing rights are you looking for?

I'm not being snarky, that's a real question. In an ideal world, what is your goal?

 

[quincy]

What is the name of your state (only U.S. law)? Massachusetts

Hi, I'm need some serious advice, I'm going to try to explain this as simple as I can. I live in a apartment complex. My mother was recently raped by a neighbor that lives on the first floor. We went to court and they granted us a Harassment Order. I'm not sure what to do. My mom is very scared to even leave the house. What kind of housing rights do I have? She cannot afford to move and neither can I. I don't know what to do.

Thanks, John.

Was the neighbor arrested and charged with rape?

 

[xamadeix]

What kind of housing rights are you looking for?

I'm not being snarky, that's a real question. In an ideal world, what is your goal?

My ideal goal is getting the person responsible for this harm, out of the building. Many people have had harassment orders on him yet they do absolutely nothing about it, He should have been removed from the building a long time ago and now it's come to this. He was not charged or arrested yet. My mother wants to press chargers on him.

 

[xamadeix]

Was the neighbor arrested and charged with rape?

No. We went to court to get a restraining order, they gave us a harassment order. Why charges have not been filed yet is out of my mind.

 

[Eekamouse]

Were the police called to the scene when the rape occurred? What physical evidence was there that this crime happened?

 

[xamadeix]

Were the police called to the scene when the rape occurred? What physical evidence was there that this crime happened?

It happened about 3 weeks ago, she didn't tell anyone a week after it was committed. We contacted the police, a investigator came out and took the report. no charges have been filed yet.

What options do I have? Something has to be done!

 

[Eekamouse]

Why didn't she report it when it occurred? There would have been evidence of a rape. Now it's a matter of he said/she said. It's going to be a lot harder to prove.

 

[cbg]

I don't know of any law you can invoke that would compel him to move out, or the landlord to evict him.

I'm not unsympathetic, but I don't see anything that can be used to force him out either.

 

[OHRoadwarrior]

I suggest mom talk to the housing coordinator if you are on subsidized housing to move ASAP. A counselor trained in EMDR could be helpful if she is reliving the event.

 

[xamadeix]

Well, my mother lives in section 8 and is disabled. She couldn't afford to move out right away.

 

[Silverplum]

It happened about 3 weeks ago, she didn't tell anyone a week after it was committed. We contacted the police, a investigator came out and took the report. no charges have been filed yet.

What options do I have? Something has to be done!

It's not your Mom's fault, and it's very common for victims to do just like your Mom and hide, but the best chance to convict a rapist is for the victim to contact the police immediately. The police can then get the physical evidence necessary for the DA to convict.

 

[xamadeix]

I'm going to be speaking to one tomorrow. She's there tomorrow so hopefully she can help us. My mom is the victim and she shouldn't have to pack up and move because some guy can't act like a normal human being.

 

[CdwJava]

Why didn't she report it when it occurred? There would have been evidence of a rape. Now it's a matter of he said/she said. It's going to be a lot harder to prove.

Late report of rape is not uncommon. Though, as you say, it does make proving the case that much more difficult.

 

[CdwJava]

I'm going to be speaking to one tomorrow. She's there tomorrow so hopefully she can help us. My mom is the victim and she shouldn't have to pack up and move because some guy can't act like a normal human being.

However, the law does not permit the police to arrest some guy absent probable cause even if the accusation is of rape. After a week has passed, the chances of physical evidence proving rape may have disappeared. Even if it might exist (say, fluids and other biologicals) these might show that sex occurred, but not "rape."

For now, a harassment order to keep him away from mom and anyone else named on it may be the best she can get. Building a case for sexual assault may take time, and my not be possible at all!

You need to get your mom into counseling ASAP. Regardless of any legal ramifications, she will need assistance coping with this irrespective of the outcome of any criminal investigation.