pressing charges, is it too late?

[californiamom3]

What is the name of your state (only U.S. law)? CA
A 14 year old girl and an 18 year old boy had sexual intercourse.
The father of the girl now wants to press charges against the boy/man.
It has been 2 months since the incident.
What are dad chances of getting anywhere with this case?
I'd imagine it would come down to he said/she said, since there in no proof.

 

[Antigone*]

What is the name of your state (only U.S. law)? CA
A 14 year old girl and an 18 year old boy had sexual intercourse.
The father of the girl now wants to press charges against the boy/man.
It has been 2 months since the incident.
What are dad chances of getting anywhere with this case?
I'd imagine it would come down to he said/she said, since there in no proof.

Dad should call the police. What's he waiting for

 

[californiamom3]

Dad should call the police. What's he waiting for

Just thinking that all the 18 year old has to do is say that it didn't happen.
There are no longer phone/text messages between the 2 and it's too late to do a "kit".
There's no way to prove it happened.
If he called the police where would it get him?

 

[justalayman]

Just thinking that all the 18 year old has to do is say that it didn't happen.
There are no longer phone/text messages between the 2 and it's too late to do a "kit".
There's no way to prove it happened.
?

phone companies have a lot of records you don't realize and may still have some of the texts. There are records of the phone calls for sure.

If he called the police where would it get him?

the bigger question is: if he doesn't call the police about a known crime perpetrated against his daughter, where does that get him?

hint: it could get him the same place the 18 yo could end up


If a father is aware his 14 yo daughter was raped (and yes, it is rape since she did not have the capacity agree to the act), dad is failing to act as a parent is required to. That is a crime.

 

[CdwJava]

What is the name of your state (only U.S. law)? CA
A 14 year old girl and an 18 year old boy had sexual intercourse.
The father of the girl now wants to press charges against the boy/man.
It has been 2 months since the incident.
What are dad chances of getting anywhere with this case?
I'd imagine it would come down to he said/she said, since there in no proof.

The father has no real say on whether charges are pursued or not, that is up to the District Attorney. Anyone can report this, and dad probably should report his suspicions to the police.

In fact, if the school or any medical personnel find out about their actions, they will be required to report it.

In addition to a police report, dad should seek a restraining order against Mr. Wonderful.

 

[californiamom3]

The father has no real say on whether charges are pursued or not, that is up to the District Attorney. Anyone can report this, and dad probably should report his suspicions to the police.

In fact, if the school or any medical personnel find out about their actions, they will be required to report it.

In addition to a police report, dad should seek a restraining order against Mr. Wonderful.

Incident was a one time thing. Mr. wonderful and daughter do not see or speak to each other any more. Not sure a restraining order would be necessary.
Father did not report earlier because daughter convinced him that it was her stupid mistake and she didn't want "to acquire a reputation."
As for phone records- just because the 2 spoke on the phone or texted doesn't prove they had sex! (The 2 have been friends for a few years. Not unusual for them to talk.) No texting of the act itself between the 2. Just regular conversation.
I'm not trying to talk him out of pressing charges, I'm just trying to make sure it's not a waste of time now that 2 months have past.
Can somebody tell me more on how HE could get in trouble for not reporting it sooner?

 

[ElvinMelvin]

I'm not trying to talk him out of pressing charges, I'm just trying to make sure it's not a waste of time now that 2 months have past.

The father would not be the one pressing charges. That would be the District Attorney.

So, the father should make a report to the police. The police will then conduct an investigation and present any evidence they find to the DA. The DA will then decide if he believes there is enough evidence to proceed with an indictment.

Whether or not it is a waste of time depends upon whether the police investigation is able to produce any incriminating evidence, but that should be their concern, not the father's.

 

[Antigone*]

Incident was a one time thing. Mr. wonderful and daughter do not see or speak to each other any more. Not sure a restraining order would be necessary.
Father did not report earlier because daughter convinced him that it was her stupid mistake and she didn't want "to acquire a reputation."
As for phone records- just because the 2 spoke on the phone or texted doesn't prove they had sex! (The 2 have been friends for a few years. Not unusual for them to talk.) No texting of the act itself between the 2. Just regular conversation.
I'm not trying to talk him out of pressing charges, I'm just trying to make sure it's not a waste of time now that 2 months have past.
Can somebody tell me more on how HE could get in trouble for not reporting it sooner?

Hello how about for not protecting his daughter after he found out a crime had been comitted.

Why isn't dad here asking these questions if he is so interested??? Oh wait...maybe because he's not

 

[CdwJava]

Incident was a one time thing. Mr. wonderful and daughter do not see or speak to each other any more. Not sure a restraining order would be necessary.

Or so dad ... and maybe you ... believe.

Obviously the two of them were doing something dad did not know about, so there is some reason to believe they might still be so engaged.

Father did not report earlier because daughter convinced him that it was her stupid mistake and she didn't want "to acquire a reputation."

Well, no law in CA requires him to make the report. However, medical personnel, counselors, teachers, and others ARE mandated reporters. One day it may very well come out that this happened. By not reporting it to the police, Mr. Wonderful may remain out there taking advantage of other minors. Oh, by the way, what you describe appears to be a FELONY by Mr. Wonderful, so it is likely he will continue this activity if not stopped cold in his tracks. Eventually, he'll get caught but not until he knocks some poor girl up or spreads some STDs. If you believe that he will keep it in his pants after this, you don't know teenage boys very well.

As for phone records- just because the 2 spoke on the phone or texted doesn't prove they had sex! (The 2 have been friends for a few years. Not unusual for them to talk.) No texting of the act itself between the 2. Just regular conversation.

But it would corroborate the allegation. If she says they had sex, and he affirms it in conversational texts or saved voice messages (neither of which are likely to have been saved by any cell phone company), then that makes a pretty compelling case. A record of the call or text - by itself - would not serve to prove the case, only to show the communication.

I'm not trying to talk him out of pressing charges, I'm just trying to make sure it's not a waste of time now that 2 months have past.

While charges may not be likely, it is a good idea for the police to have a record of this so that they can keep an eye on the kid. If it truly is a one time event, no real harm done. If it is part of a pattern of events that is ongoing, then it might serve to stop a predator.

Can somebody tell me more on how HE could get in trouble for not reporting it sooner?

He probably can NOT get in trouble for NOT reporting it. Unless he was concealing the crime to protect the suspect, then I cannot think of a crime that would occur by his failure to report it. However, if it can be argued that he has condoned or supported his daughter's unlawful sexual activity, he could be charged with a crime.

 

[californiamom3]

Hello how about for not protecting his daughter after he found out a crime had been comitted.

Why isn't dad here asking these questions if he is so interested??? Oh wait...maybe because he's not

I understand where your coming from.
What would the punishment be TO HIM for him not reporting it?
For that matter since I know....I could report it right?
I saw on a website where one could report anonymously.
I might go that route if he decides not to.

 

[Antigone*]

I understand where your coming from.
What would the punishment be TO HIM for him not reporting it?
For that matter since I know....I could report it right?
I saw on a website where one could report anonymously.
I might go that route if he decides not to.

Carl gave you a very accurate answer - please listen to him.

I apologize, I'm coming more from a moral standpoint than a legal one. Unless dad is a mandated reporter for some reason then he'd just be seen as exercising poor parenting skills for not informing the law about this pedophile who will most likely violate another young girl.

 

[californiamom3]

Or so dad ... and maybe you ... believe.

Obviously the two of them were doing something dad did not know about, so there is some reason to believe they might still be so engaged.


Well, no law in CA requires him to make the report. However, medical personnel, counselors, teachers, and others ARE mandated reporters. One day it may very well come out that this happened. By not reporting it to the police, Mr. Wonderful may remain out there taking advantage of other minors. Oh, by the way, what you describe appears to be a FELONY by Mr. Wonderful, so it is likely he will continue this activity if not stopped cold in his tracks. Eventually, he'll get caught but not until he knocks some poor girl up or spreads some STDs. If you believe that he will keep it in his pants after this, you don't know teenage boys very well.


But it would corroborate the allegation. If she says they had sex, and he affirms it in conversational texts or saved voice messages (neither of which are likely to have been saved by any cell phone company), then that makes a pretty compelling case. A record of the call or text - by itself - would not serve to prove the case, only to show the communication.


While charges may not be likely, it is a good idea for the police to have a record of this so that they can keep an eye on the kid. If it truly is a one time event, no real harm done. If it is part of a pattern of events that is ongoing, then it might serve to stop a predator.


He probably can NOT get in trouble for NOT reporting it. Unless he was concealing the crime to protect the suspect, then I cannot think of a crime that would occur by his failure to report it. However, if it can be argued that he has condoned or supported his daughter's unlawful sexual activity, he could be charged with a crime.

Thank you for such a complete answer.
I wouldn't want the dad to refrain from reporting if he thought he could get in trouble.
This guys not the most lawful type as it is, so I could see him doing that.
Again, thanks!

 

[Zigner]

Incident was a one time thing. Mr. wonderful and daughter do not see or speak to each other any more. Not sure a restraining order would be necessary.
Father did not report earlier because daughter convinced him that it was her stupid mistake and she didn't want "to acquire a reputation."
As for phone records- just because the 2 spoke on the phone or texted doesn't prove they had sex! (The 2 have been friends for a few years. Not unusual for them to talk.) No texting of the act itself between the 2. Just regular conversation.
I'm not trying to talk him out of pressing charges, I'm just trying to make sure it's not a waste of time now that 2 months have past.
Can somebody tell me more on how HE could get in trouble for not reporting it sooner?

Father is scum for not reporting the RAPE of his child to the police. He would prefer to let his daughter continue to believe that it's her "fault".

 

[californiamom3]

Father is scum for not reporting the RAPE of his child to the police. He would prefer to let his daughter continue to believe that it's her "fault".

I understand where your coming from. I have 3 daughters myself. One of them just happens to be 14.
I'm counting my blessings....so far!

 

[justalayman]

Carl, are you really saying there is no such thing in California as a fathers duty to their child and neglecting such a duty, to the point of failing to report their child has been raped, is not considered to be child neglect?

So, if I lived in California and somebody beats or kills my child and I am aware of the act and the actors, there is no legal action possible against me if I fail to report it?

I'm having my doubts here Carl. I defer to your knowledge of Cali law but failing to report a crime against ones child not being actionable by the state? It just doesn't sound right.