Old Rape Case

What is the name of your state? Indiana


When my husband was 12 years old he was caught "feeling up" his younger sister. He later admitted to his mother that, since the age of about 9, his step father (the sister's father) was forcing him and his 4 younger sisters (three of which are his daughters) to engage in oral and anal sex with him (the father) as well as with each other. He was beaten pretty badly by his mother for this, but it was never brought up to the step father. By this time the step father was in jail for an unrelated crime so he could no longer abuse the kids. The parents later divorced and the 5 kids were warned never to discuss this issue with ANYONE.

My husband is now 21 years old and is about to finish college. He and his mother have recently had a falling out over our marriage and she has threatened to have him arrested for abusing his sisters. She has even went as far as to contact lawyers about bringing criminal charges against him.

My question(s) is/are this:
1. What would happen to the girls? (All of them but one are still minors)

2. Can she press charges against him almost 10 years later?

3. Is it too late to bring charges against the step father?

4. What can/would happen if charges are brought up?

5. Would he be tried as a juvenile since he was 12 years old at the time of the last "incident"?

6. Could she also be charged for not doing anything to stop it or for not filing a report way back then? (She threatens my husband each time they argue with calling the police, but this is the first time she has actually taken steps to actually do anything).



Thanks for your help

MA1317

Your husband was a child and his parents were responsible, his father for the atcs and the mother from the time she learned of them, the current minor children whether at risk from the father are still exposed to the mother who failed to protect their interest. I would suggest your husband report this to a mandated reporter and let them make the appropriate reports. While he is an adult now he wasn't at that time. The laws vary from state to state, here is a link to an article about this subject with state law and other useful information.

Mandatory Reporting of Child Abuse and Neglect - by Susan K. Smith ... Immunity provisions § 31-33-6. Prevent Child Abuse Indiana Site: Recognizing and Reporting Child Abuse. Iowa. ... http://www.smith-lawfirm.com/mandatory_reporting.htm

I would also suggest that your husband speak with a criminal attorney. Better safe than sorry.

If we report her what will happen to his sisters? That is really one of our main concerns. They are still allowed visitation with their father including over night visits. They could be still going through what my husband went through all his childhood. If we did report it would the girls be put into foster care? (they were put into foster care once already when they were younger and we couldn't go through that again.) They dont have any other family that they could live with besides my husband and I, but we are both in school so we could not provide the best home for them (plus there are for of them and it would be impossible for the two of us to financially support them).

I can't say what would happen if you report it, but foster care most likely would be better than what they may have been exposed to. While you may not have the financial ability to care for them right now, would you if you received c/s for them, this is a part of what hapens when a child is placed, foster parents are paid for the care.

So foster care would be worse than being sexually abused? Does that make any sense at all to you?

I just thought that maybe there was another option besides foster care. The last foster home they were placed in had them all separated and they were not allowed to communicate with one another. I would like to prevent them from missing out on even more of each others lives. As far as my husband and I taking them in with some help that is a definate option. Does anyone know if we would have to become certified foster parents to take them in? From what I have heard that is a long process, so would the girls have to be in some other foster home until that was all completed?

Call social services, they should know, usually in an emergency, they can certify the home quickly in the case of family, the support might take a little longer, also perhaps collecting their belongings so they can transitation easier, try to take them in, that way they can stay together, also school starts soon, better sooner than later.

1. What would happen to the girls? (All of them but one are still minors)

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Chances are nothing. They are victims, the same as your husband is in this case, at least, in my view.

2. Can she press charges against him almost 10 years later?

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"Pressing charges" falls on the hands of the district attorney. Could she report it? Sure. Chances are though, any good district attorney wouldn't charge him, but would charge the step-father in this case...especially if he was threatening the children.

3. Is it too late to bring charges against the step father?

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No. Sexual assaults against children usually do not carry a statue of limitations, but consult your local police or DA to make sure.

4. What can/would happen if charges are brought up?

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I'm thinking that the step-father would be gone for a long time.

5. Would he be tried as a juvenile since he was 12 years old at the time of the last "incident"?

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Since he is no longer a juvenile, it would depend upon the laws of your state...generally, not though. Chances are age would be taken into account though.

It's also entirely likely that during the investigation to certify you the "incident" with your husband would come to light - which would very likely disqualify his as an option to take the girls.