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  1. #1
    missyleve is offline Junior Member
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    Alleged sexual abuse

    What is the name of your state? Texas

    I received a phone call on Saturday 2/17 from CPS saying that a call had been made stating neglect and sexual abuse of my 13 yr old MR daughter by another child in the home. The caller had stated 1. That I had taken her to the doctor for a sexual assault exam the previous week. 2. That there was a previous case in ND where we used to live. 3. That she had been "acting out" the previous 3 weeks. None of those things are true.

    I questioned all 3 of my kids, the boys are 15 & 17. Both boys stated they had not touched their sister and she just said "everyone" touches her. Keep in mind that she is mentally impaired here....for 4 days I questioned them, specifically asked her about her brothers and very detailed body information, she had no clue why I was asking her and said no one ever touched her.

    On Wednesday 2/21 CPS went to school and questioned her, they came to our house and told me that she claimed she had been abused but they would tell me nothing else. The next morning 2/22 I received a call telling me to take her for an exam they had set up. The medical personnel said there was no physical or visible evidence but that based on what she told them they believed something had been done to her. 2/26 the Sheriff's Office called and told me to take her to a forensic interview they had set up. 2/28 the Sheriff's Office had me bring my oldest son in for an "interview", which I had him secretly tape since doing research and discovering that TX is a one-party-recording state.

    For various reasons, that would be too lengthy to go into here, I honestly believe my son and think that CPS "guided" my MR daughter in her statements. Now she has made up a story that she changes every time she tells me what happened, they maintain that she has told it the same every time.

    I do not know what to do next, I cannot pay the $10,000+ retainer that every criminal lawyer wants and we cannot get one court appointed until he is formally charged.

    Can someone please give me some direction here?

    Thank you in advance.What is the name of your state?
  2. #2
    AlanShore is offline Member
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    So your duaghter is accusing her brother of sexually assaulting her?
    In which specific way-he rape her?
  3. #3
    Kane is offline Member
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    Can someone please give me some direction here?
    Start looking for ways to raise money. Home equity, credit cards, relatives, whatever.

    It's still possible the police won't arrest your son, but if they do, it's going to get worse.

    For one thing, you may have to post bond for your son. For another, a court-appointed attorney is not automatic.

    Also, CPS may force you to make some difficult choices. If they decide you're not "protective," they'll tell you you have to find another home for your son, or they'll take daughter and put her in foster care.

    A conviction for sexual assault carries life-long consequences, including registration as a sex offender. Prosecutors hate trying cases like this, but they're also loathe to dismiss them. That means the case could drag on for years. It also means they'll bring as much pressure to bear as they can to get him to plead.

    Until or unless the police decide to press charges, there's not much you can do. You should probably tell your son not to talk to the police anymore, until or unless he gets a lawyer.

    There's also not much a lawyer can do, until or unless the police press charges. There are a couple of things, though. One is to try to arrange a "walk-through" - which means to arrange for bond at the same time your son turns himself in. That way your son doesn't have to get arrested, or spend time in jail. Your lawyer might also be able to help arrange a polygraph. Polygraphs aren't admissible in court, but *sometimes* prosecutors will take them into consideration, if it's a close case as to whether to bring charges or not. That's assuming of course, that he passes.

    In other words, I don't have much positive to offer. Unless you're lucky, it's going to be expensive and painful.
  4. #4
    missyleve is offline Junior Member
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    Thank you Kane, everything you stated is pretty much what I have already found out by researching.

    We have no home equity, no credit cards, no family with any kind of anything. We are a simple family, living paycheck to paycheck just trying to pay the monthly bills.

    About 3 hours before I read your post CPS called and informed me that they were not sure I was "protective" enough, they had feedback and concerns about who was getting her ready for school. Either they fabricated this or someone is not telling the truth, I am the only one who has gotten my daughter ready for school and have been with her every waking moment outside of school since this all came about. I was given the choice of removing my son to another location or placing my daughter. Because I had already asked what the possibilities were and was told this could happen, I had a place for him to go. He can have no face to face, email or phone contact with her. She came home from school and wanted to know why he was not on the bus with her and I told her he couldn't live here now, she wanted to call him and I told her she could not talk to him on the phone, she got hysterical and cried for several hours. She doesn't understand what this is about and wants all these people to leave her alone and go away.

    The SANE nurse called and told me that the lab results were back and that there were no STD's or anything that needed treatment. They had told me at the time of the exam that there was no physical or visible medical evidence, the Sheriff said there was evidence from the exam, we expected that he would say that.

    I am a little confused as to some of the things being said. CPS told us that "it" had been going on for years yet there should be evidence to support their claim if it had been a long standing thing going on. The Sheriff says that is not his information, that "it" was recent, yet once again there is no evidence to support that anything has been recently done to her. I am not stupid, I know why they went with the "recent" claim, there are psychological records clearing anything from years and years of happening and he can be charged as an adult if it was recent.

    Part of their claim is that he told her not to tell. You don't know my daughter but I can tell you this is not possible, she can not keep a secret EVER. Some examples of this: there was a girl at school last year that told her she had to bring money or she was going to hurt her and kill me, she took the money but she still told. Her teacher has been with her for 3 years now and she knows every argument we have ever had, every time we have eaten out, every grade the boys have, if anyone has ever been grounded or got into trouble at home. Since this all started I have told her she was not to talk about any of it to other kids with the threat of punishment if she did...everyone has been told everything, they know the boys went to the Sheriff's Office, they know she went to the doctor, this child CANNOT keep a secret!

    It just all seems kind of fishy to me how they keep saying this happened but I can disprove every single thing they think they have.
  5. #5
    Kane is offline Member
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    It's good you had somewhere for your son to go. (Btw, it is the 17-yr old we're talking about, right?)

    You want to avoid getting entangled with CPS if at all humanly possible.

    Make out a list of the steps you've taken to ensure the safety of your daughter. Emphasize these precautions when you talk to CPS. Tell them you're anxious to do whatever you can to protect your daughter, and ask them if they have any additional suggestions.

    Do not argue with CPS caseworkers. Whatever you do, do not defend your son to them.

    Keep notes of your conversations.

    CPS has nothing to do with the criminal case against your son. You don't need to convince them of anything. The only thing that matters to them is the safety of the child (your daughter). You must do everything in your power to convince them she is safe, and that they don't need to take her out of your home.

    The last thing in the world you need is to be fighting CPS at the same time you're trying to keep your son out of prison.

    If you start defending your son to CPS, or arguing with the caseworkers, you're falling into the same trap many others have fallen into before.

    As far as your son is concerned, if you can't afford a lawyer, there's not a whole lot you can do for him right now. One thing you can do, is to find out if there's a pre-trial services office where you live. If you're not going to be able to post bond, that's his only chance of getting out of jail if he gets arrested.

    There are a lot of reasons why it's better to be out of jail than in jail, not the least of which is he's less likely to wind up pleading guilty.
  6. #6
    missyleve is offline Junior Member
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    Yes, it is the 17 yr old we are talking about.

    He is fine where he is and he just simply thinks that if he tells the truth and believes in the justice system that this will all work out. I have read differently, and think he is in for a rude awakening, but we will have to cross that bridge when we get to it.

    There are no pre-trial services here. We live in a rural community with a population of around 800. Legal aid won't even help, they said there is only one county around here that deals with anything criminal but that if I feel my civil rights have been violated to call back. Big help - NOT! I was told that if he is arrested he will possibly be released on a PR to the people he is staying with.

    CPS told me to try to just live normally, easy for them to say, and to keep up with both of their normal routines, schedules and plans.

    My son received his acceptance letter for the college he wants to attend out of state yesterday. He graduates high school in May and I am just trying to focus on that now and not worry about what may or may not happen since I can't change that anyway.

    One thing I would like to find out if anyone can tell me is this......If there are no charges filed by the time he graduates and he goes out of state to college, what happens if they bring charges after he is gone? We do not have a standing Grand Jury, one has to be selected and I was told that it could be many months until that happens.
  7. #7
    missyleve is offline Junior Member
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    Well, a lot has happened....now I am just wondering where this is going to go and what I should do?

    Since law enforcement had not done what CPS wanted they made me sign another 30 day order to keep my son out of the house. As of last week they FINALLY got her medical records to verify that she has had mental illness like I told them she has. Law enforcement has not done anything, obviously there is no evidence otherwise he would have been arrested by now, the forensics from the exam have been back for several weeks now.

    My daughter has been put back on meds and has been diagnosed with Schizoaffective Disorder....I think this helps the cause some, delusions, false beliefs and other things she is doing are part of this mental illness.

    She now also believes I want to kill her...she says an announcement at school told her I am going to get a knife from the kitchen, go into her room in the dark and stab her with it till she is dead. When CPS heard this they called the school and had the audacity to ask her teacher if I was capable of that...good grief, talk about twisting things around!

    She talks to herself constantly, she has always done this, but it has gotten much worse. Listening to her is sometimes like hearing one side of a phone conversation. other times she actually speaks BOTH sides of the conversation. She also thinks everyone is talking about her all the time. I can't even talk on the phone without her listening, the paranoia has gotten pretty severe.

    Can anyone tell me what the law reads on how long CPS can keep this going? I know there is a limit but I can't find it. Also, how long does the DA have to decide if he is going to pursue this or not? They can't possibly think that this 17 yr old boy can sit and wait forever for them to decide if they are going to charge him, he has been accepted to an out of state college and needs to get things done.

    Thanks for any help you can give me.
  8. #8
    Kane is offline Member
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    CPS is supposed to reach some sort of final conclusion within a year, but they can get an extension if the judge agrees.

    The state can file criminal charges at any time up until the statute of limitations runs out. Which in the case of sexual abuse of a child equals approximately forever.

    As long as the 17 yr old hasn't been arrested or charged, he can go to college, or anywhere else he wants.

    As a practical matter, if he hasn't been charged within several months of the initiation of the investigation, the chances he'll be charged are remote.
  9. #9
    ForFun is offline Member
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    Quote Originally Posted by missyleve View Post
    Also, how long does the DA have to decide if he is going to pursue this or not? They can't possibly think that this 17 yr old boy can sit and wait forever for them to decide if they are going to charge him, he has been accepted to an out of state college and needs to get things done.
    The DA has until the end of the statute of limitations (if there even is one) for that crime to file charges. Unfortunately for your son, that could be many, many years from now.

    If I were your son, I would try to get on with life...go to college, etc. He needn't wait for the DA.

    [EDIT: Looks like Kane already answered this...please disregard my post. ]
    Last edited by ForFun; 04-10-2007 at 12:55 PM.
  10. #10
    Worried_Momma Guest

    Poor thing.

    What you need is sympathy, my son at the age of 19 was caught in a similar situation as your son. He is not guilty but was completly ignorant of the law. He had bad representation that failed to advise him of a poly, or any other rights he was entitled too. I feel for you sir, and hope for the best for your son. My son now is 26 and in colledge but still on papers, Once in the system it is extremely difficult to get out of it.
  11. #11
    missyleve is offline Junior Member
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    Smile

    I thought I should come back and let everyone know what has happened with this situation.

    It got worse....they indicted and arrested him in May, I had to pay $500 for what they call pre-trial release and he had to see a probation officer once a week and pay for drug testing. He obtained court appointed counsel in June.

    Then**************...

    In August, the whole thing was dismissed!! After getting some sound advice from this board, a couple of nice attorneys that gave me some free off-the-record-advice and other people that have been through similar situations....I went to the lawyer armed with paperwork, all of my daughters medical records, all of my childrens school and church records, every word that had been said by anyone to anyone with a detailed description of every single days events from day one of the original phone call, audio and videotapes of my kids conversations and the taped interviews with law enforcement. Suddenly the ADA wanted to speak with me and his last words before announcing the dismissal were "Do you know what they used to get the indictment because I am looking at the case file and I don't see anything that even warrants this situation going this far?" I was just as baffled as he was and he told me that unfortunately, sometimes people get overzealous when there is no need to and "It happens"..... that seems like a lame statement meant to be as close to what could be an apology as I am getting I guess.

    My son has moved on, is in college and doing well. We have moved from Texas back home where I have some family support and there are more services available for my daughter, unfortunately what they did to her and her brother will be with her for the rest of her life but we are trying to move forward.

    Thank you for all your helpful advice, I can't even begin to describe the horror this puts a family through and having someone to help sort it out when you have nowhere to turn helps more than I can tell you!
    Last edited by missyleve; 10-15-2007 at 07:45 PM. Reason: Additions

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