Rape charges

[galdhar]

What is the name of your state? new mexico
I have been divorced for 11 years and have custody of my son. His mother recently moved to the area and after not being able to get money out of me and after I filed for a modification of visitation and child support, has filed rape charges against "our" son. (Accusing him of raping her daughters from her current marriage). Once, 2 years ago, and again in Sept. I can prove these allogations are false, but what can I do to stop the process before it goes any further and keep it from happening again. "Our" son is now 16 and is very devistated and confused because of these accusations coming from his own mother. Can I try and get her to pay for my lawyer fees if I have to get one, and counseling? How would I go about it?

 

[stephenk]

are you saying she has gone to the police and reported two rapes and your son has been charged with the crime

OR

are you saying your ex is making these accusations in her responsive pleadings to your request to modify support and visitation.

 

[galdhar]

She has gone to the police and filed a report. It is under investigation now. The modification to visitation has not been heard yet, but I'm sure she will bring these accusations up at that time also. I spoke with the invistigators yesterday. I can prove that I was not in the area on the 2nd date she is accusing him of doing it, he was with me, but I can't prove that yet, other than my word, my fiancee's, her kids, and a couple of friends. The first date (only gave a year of 2000) the way she worded it in the report, she knew about it at the time, but didn't do anything about it then. I also brought up to the invistigators verifiable facts about her character, criminal history, arrest warrents on her, child abuse and neglect which Child Protective Services were involved. (the invistigators asked.) I feel confident that this will all be cleared up one way or another, I just don't want my son to have to go to jail (before trial) or to trial period because of his mothers stupidity. He is confused and hurt enough because of this. Is there anything else I can do to stop this before it goes any farther and how can I make her pay for counseling if it is required because of this?

 

[kat1963]

You can sue her in civil court for damages. Also look up the laws pertaining to coercion of a minor child in your state, could be a good felony charge against her if it can be proved. Problem here is, the (I’m assuming) minor children are the one making the false allegations against your son; Good Mommy is just reporting it. Make sure everyone takes notice of the *timing of the evidence* (show the papers you filed). Seems like Good Mommy figured if she got the boy put away, she wouldn’t have to worry about support (it don’t work that way, she’d still have to pay the state). After this is over, do yourself a favor & move far, far away from the evil.
How long has it been since she made the report? Have you spoken to the police (NOT without a LAWYER) yet?
KAT

 

[galdhar]

good ideas kat1963, thanx. Supposedly it is the daughters telling mommy of the incident, but, it's not, I will try and figure out how to prove that. That would fall under the coercion of minors.

 

[kat1963]

You didn't say how long it has been since the police became involved. If nothing else, they have to report it to CPS so expect a knock or a call. You'll want to advised of your parental rights JUST in case. Please go to www.cpswatch.com upper right hand corner, free information that everyone should know. Though I doubt they would bother with a teen of your sons age, if you have younger children in your home, then it could be a problem.
Best of luck to you. Been there, played this game with husbands ex. Fun, ain't it? I never thought such evil existed, guess I lived a stupid sheltered life.
I'm sure your son is in alot of pain right now, please tell him that I feel for him.
KAT

 

[galdhar]

the ex filed a report with the police on the 6th of October. I've gotten a lawyer and am going to take her with my son and myself to talk to the invistigators today. We'll see how it goes. Hopefully the lawyer can do more than just get the false charges dropped. Thanx all. any other advice as to what I can do to get rid of the ex or any kind of compensation for my son would be helpful.