No charges filed

[mskjn]

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

 

[quincy]

mskjn, you can add your state name and your legal question to your original post by using the "edit post" feature found in the right hand corner of the post, or you can "reply to thread" and add the information that way.

This forum has been having some issues with the "preview post" function on this site. If you preview your post before submitting it, the text is deleted. Not sure why. And not sure why the problem hasn't been fixed yet.

At any rate, you can try again to provide details about the "no charges filed." Thanks.

 

[mskjn]

thanks, there was an issue

Dad comes home from work for the weekend Saturday, picks up the 3 girls.
9 or so Dad goes to bed, and as is habit, the girls go too. Yes, in the same bed. Always.

Dad takes girls home Sunday around 5. It has been an unremarkable visit.
Until Mom calls and says that 14 y/o has accused Dad of 'having sex' with her.

Dad is blown away. It is not how he remembers the night passing; and her behavior all that day was normal for her. Typical 14 y/o behavior.

ER says "something". Dad provides DNA to locals.

Weeks pass & detective says only touch DNA on her clothes and what's inside cannot be identified. Will Dad take a polygraph?
(On advice of [not hired] counsel, Dad declines.)

Months have now passed without ANY word.

What should Dad be on the lookout for? Dad would like to avoid being picked up on the job, or being taken in from a routine traffic stop.
Will he be notified if accusation becomes charges?
Will/Can the accusations be dismissed?
Will there be a record of accusation?????
If DNA cannot convict, can Dad demand that OCS retract statement of "vaginal/anal rape of..." issued & entered into Child Abuse & Neglect registry?

Too many questions......

 

[eerelations]

Dad sleeps in the same bed as his 14-year-old daughter? And he doesn't deny having sex with her, he just can't remember? And telling people that her Dad had sex with her while sleeping in the same bed = typical 14-year-old girl behaviour?

I was a fairly typical 14-year-old girl once and my Dad never had me sleep in the same bed as him (ewwwww...). And I never told anyone my Dad had sex with me when he didn't. None of this is "typical."

Finally, even though you've been asked twice, you have neglected to tell us the name of your state. Why is that?

 

[Zigner]

Dad really ought to only be speaking with his criminal defense attorney, no matter WHAT state this occurred in. If it occurred in a different country, then dad should confer with legal counsel there. In NO case should dad (or anybody else) be posting this all over the interwebs.

 

[eerelations]

Especially since Dad doesn't deny having sex with his daughter, just says he can't remember if he did it...just wait 'til the cops get ahold of that!

 

[Zigner]

Especially since Dad doesn't deny having sex with his daughter, just says he can't remember if he did it...just wait 'til the cops get ahold of that!

I agree - that really jumped out as an odd response when accused of having sex with your 14 (or any aged) daughter.

 

[mskjn]

LA was put into the first post. I don't moderate this site so I can't explain why it doesn't show up.

Nothing wrong with sleeping with your parent. I did it until I was grown.

And her 'typical behavior' the following day gave no one any indication that anything was amiss.

And Dad certainly would have remembered if he had had sex with anyone.

Did I miss anybody's objection/accusation?

 

[HighwayMan]

...It is not how he remembers the night passing...

Oh please! What a ridiculous statement. So just how DOES he remember the night passing?

 

[quincy]

LA was put into the first post ...

Are you in Louisiana, or is LA the city in California where you reside?

 

[mskjn]

State of LA.

 

[mskjn]

And, I don't know how any of you sleep, but I know if I get up once or fifteen times.
I know if I got up to potty; if I heard a noise; if the phone rang; if my neck hurt; got hot/cold; couldn't breathe; bad dream, etc.

And I for an ABSOLUTE CERTAINTY would know if I had been engaged in any physical activity, most notably that of a sexual kind. With anybody.
And I would know if I had NOT.

Some of you might ought to live alone if you can't make those, or similar assertions.

 

[quincy]

Dad comes home from work for the weekend Saturday, picks up the 3 girls.
9 or so Dad goes to bed, and as is habit, the girls go too. Yes, in the same bed. Always.

Dad takes girls home Sunday around 5. It has been an unremarkable visit.
Until Mom calls and says that 14 y/o has accused Dad of 'having sex' with her.

Dad is blown away. It is not how he remembers the night passing; and her behavior all that day was normal for her. Typical 14 y/o behavior.

ER says "something". Dad provides DNA to locals.

Weeks pass & detective says only touch DNA on her clothes and what's inside cannot be identified. Will Dad take a polygraph?
(On advice of [not hired] counsel, Dad declines.)

Months have now passed without ANY word.

What should Dad be on the lookout for? Dad would like to avoid being picked up on the job, or being taken in from a routine traffic stop.
Will he be notified if accusation becomes charges?
Will/Can the accusations be dismissed?
Will there be a record of accusation?????
If DNA cannot convict, can Dad demand that OCS retract statement of "vaginal/anal rape of..." issued & entered into Child Abuse & Neglect registry?

Too many questions......

Thank you for clarifying the "LA" for me, mskjn.

You say "on the advice of counsel," you refused to take the polygraph. You were smart to consult with an attorney and you were smart to refuse to take the polygraph.

To get this out of the way: DID you rape your daughter? You have danced around the answer and avoided providing a clear "yes" or "no" answer. If the answer is yes or maybe, say nothing more on this forum or to anyone but your lawyer.

If the answer is definitely no, is there any reason why your 14 year old daughter would lie about you raping her? That is an awful extreme lie.

If the answer is definitely no, is there any reason why the girl's mother would encourage your daughter to tell such a lie (e.g., a custody dispute)?

You will be notified if the accusation made by your daughter results in any charges. You can be charged with rape with or without any DNA evidence to support the charges.

Your daughter could retract her accusation. The prosecutor may or may not accept the retraction.

There is a record of all reports made.

If the police contact you, you should say nothing at all except "I wish to exercise my right to remain silent." Refer all questions to your attorney and then hire a criminal defense attorney. Do not speak to anyone but your attorney.

As a note: You are right that there is nothing wrong with parents sleeping with their children. There IS something wrong when one of the children accuses a parent of rape.

 

[mskjn]

Thank you for that clear answer.

I am not Dad, but I have been involved with the family for many years. And Dad contends that there is NO WAY under God's sun that he did this horrible deed. Even Mom is unsure (although to her credit, she took the child to be checked right away) because she knows Dad would never hurt Any child, much less his own.

At the risk of sounding churlish, I do know the daughter will lie to get her way. She has lied on me too many occasions to count.

And while there is no custody dispute (Dad basically lives out of town for work) Mom has had a habit of using people to get her way, no matter the cost to others.

But you answered all my questions, and for that, I thank you.

 

[eerelations]

And, I don't know how any of you sleep, but I know if I get up once or fifteen times.
I know if I got up to potty; if I heard a noise; if the phone rang; if my neck hurt; got hot/cold; couldn't breathe; bad dream, etc.

And I for an ABSOLUTE CERTAINTY would know if I had been engaged in any physical activity, most notably that of a sexual kind. With anybody.
And I would know if I had NOT.

Some of you might ought to live alone if you can't make those, or similar assertions.

Ummm, you're the one who told us that Dad couldn't remember if he'd had sex with his daughter or not...