pressing charges, is it too late?

[californiamom3]

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.

I am interested to know the answer to this.
Yet, I think the best answer in this particular case might be for me to report it anonymously. I'm on it!

 

[justalayman]

what about Cal penal code 32

32. Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such
felony or has been charged with such felony or convicted thereof, is
an accessory to such felony.

 

[Zigner]

what about Cal penal code 32

The father is not attempting to help the child rapist escape punishment...the intent requirement would not be met.

 

[californiamom3]

However, mandatory reporters are only required to report
consensual sexual activity involving minors under the following circumstances:
· Unlawful sexual intercourse when the victim is less than 16 years of age and the defendant
is at least 21 years of age.
· Lewd or lascivious acts between a minor less than 14 years of age and another minor of
disparate age.
· Lewd or lascivious acts where the victim is between 14 and 15 years of age and the defendant is at least 10 years older than the victim.
· Sexual penetration where the victim is less than 14 years of age and the defendant is more
than 10 years older than the victim.

I found this here....
http://www.hhs.gov/opa/pubs/statutory-rape-state-laws.pdf

Interested as to why 14 is so different an age than 13. Ya, I know...1 year! My 14 year old is not that much of a different decision maker than she was last year. Just a thought.

 

[justalayman]

The father is not attempting to help the child rapist escape punishment...the intent requirement would not be met.

Every person who, after a felony has been committed, harbors,
conceals

with the intent that
said principal may avoid or escape from arrest

well, then what is he doing? He is in effect assisting the perpetrator to escape arrest.

I know I may be stretching it but it is simply unconscionable for a father to refuse to report such an egregious act upon his own child due to a lame argument of:

wait a minute...

from the first post:

The father of the girl now wants to press charges against the boy/man.

then all dad has to do is call the police and let them take it from there.

dad needs to not worry about what evidence there is. If he has dependable knowledge that the act took place, he calls the police and they and the DA will determine if there is enough evidence to carry it further.

 

[justalayman]

However, mandatory reporters are only required to report
consensual sexual activity involving minors under the following circumstances:
· Unlawful sexual intercourse when the victim is less than 16 years of age and the defendant
is at least 21 years of age.
· Lewd or lascivious acts between a minor less than 14 years of age and another minor of
disparate age.
· Lewd or lascivious acts where the victim is between 14 and 15 years of age and the defendant is at least 10 years older than the victim.
· Sexual penetration where the victim is less than 14 years of age and the defendant is more
than 10 years older than the victim.

I found this here....
http://www.hhs.gov/opa/pubs/statutory-rape-state-laws.pdf

I am not speaking of mandatory reporter laws. They are meant to require outsiders to report suspected activities. I am thinking more along the lines of child neglect type of laws where the reporting per se is not required but if it allows the continuation of the crime, the parent does become complicit in the act.

I simply believe that a father that does not seek to have this man held to the law when his own child was violated does not deserve the title of; dad. That is the greatest act of abandonment he can commit.

 

[Zigner]

Every person who, after a felony has been committed, harbors,
conceals

with the intent that
said principal may avoid or escape from arrest

The argument is that the father's intent is not to help the rapist...rather, he is attempting to help his child.


To be clear: I am NOT agreeing with this despicable excuse for a father - just pointing out why that sort of charge would have trouble sticking.

 

[californiamom3]

I am not speaking of mandatory reporter laws. They are meant to require outsiders to report suspected activities. I am thinking more along the lines of child neglect type of laws where the reporting per se is not required but if it allows the continuation of the crime, the parent does become complicit in the act.

I simply believe that a father that does not seek to have this man held to the law when his own child was violated does not deserve the title of; dad. That is the greatest act of abandonment he can commit.

I believe that initially dad not only wanted to report it, but had to refrain himself from physically involving himself with the 18 year old.
Daughter begged to let it go. Said that she was stupid for allowing herself to be seduced by a boy she's had a crush on for years.
She's a pretty mature kid for 14, but also understand that at that age, legally, she does not have the capacity to make that decision for herself.

 

[CdwJava]

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?

First off, in CA this is "unlawful sexual intercourse" and not "rape." Rape is defined here as an act committed through the use of force or fear, or coercion by position. An act that is otherwise consensual but unlawful solely as a result of age is not "rape." However, if there is a 3 year difference in their ages, it IS a felony criminal offense.

And, no, it would not necessarily be a crime for dad NOT to report it. It MIGHT be if this was an ongoing act and the child was being continuously exposed to the activity, but in the case of a parent learning about it later on, no, it is not a crime.

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?

You are talking about some very different actions from the issue at hand and the absurdity of this question does not deserve a reply.

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.

If you witness a crime - any crime - in your state, do you have an obligation to report it to the police? In most instances and in most states, you do NOT have a legal obligation to do so. While it might be the moral thing to do, there may be no legal obligation. Likewise, in CA. There is no legal requirement that a parent report this to the police ... in general. Specific circumstances might make it such that the parent is exposed to criminal culpability, but this does not appear to be the case here.

Let's extend this out a bit ... my wife and I are parents, and we are also mandated reporters. If there were a legal requirement that we report sexual activity of our own children, or, that we report it when their friends might come to us in our capacity as their friend's parent, we might as well hire counselors to speak to our kids and even their friends because they would never be able to open their mouths to us about anything. Such a law for mandated reporting would so directly interfere with our ability to speak to or parent our children, that we might as well be prohibited from conceiving or raising them at all.

In this instance, as I understand it, we have a father who has discovered - after the fact - that his minor daughter had sexual relations with an adult more than three years her senior. Yes, it is a felony. But, CA law does NOT require him to report this to the police. Is she in danger of further abuse by this guy? If so, then he may well get in trouble for failing to protect her. If he were encouraging, aiding, or abetting the activity, yes, he could be in trouble. But if he were required to go to the cops because she may have provided this information in confidence, then it would unduly interfere with his ability to parent his child. If the law required such a report for any and all criminal activity, parenting might as well be conducted by the state.

Now, what is legally required and what is morally required are different animals. Had it been a teenage daughter of mine, I would almost certainly have gone to the police with it. But, no law in CA would require me to do so. In fact, I strongly suspect that no law in any state would require a parent to report this under the circumstances as they have been outlined here.

 

[CdwJava]

what about Cal penal code 32

Because the elements of the code section have not been met. Dad's not reporting it is not the same as aiding and abetting, nor is it concealing the perpetrator.

There is no duty to the father to report this - that is not the same as concealing which requires an active effort to conceal the suspect or his identity from the authorities so that he avoids capture.

 

[Just Blue]

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.

Who are you in this situation?

 

[CdwJava]

I am not speaking of mandatory reporter laws. They are meant to require outsiders to report suspected activities. I am thinking more along the lines of child neglect type of laws where the reporting per se is not required but if it allows the continuation of the crime, the parent does become complicit in the act.

From the statements here, there is no continuation of the crime. It was in the past and is over and done with. While it is likely that the teen is continuing to diddle young teenage girls, this action does not make the dad criminally culpable.

I simply believe that a father that does not seek to have this man held to the law when his own child was violated does not deserve the title of; dad. That is the greatest act of abandonment he can commit.

And the moral aspect is a far cry from the legal one.

 

[californiamom3]

Who are you in this situation?

I am just a friend. I know the rules.
I hoped that even though I am not the direct party, I do have knowledge of an illegal act. I would be allowed to ask.
Now I know where and what I can personally do with my knowledge.

 

[Just Blue]

I am just a friend. I know the rules.
I hoped that even though I am not the direct party, I do have knowledge of an illegal act. I would be allowed to ask.
Now I know where and what I can personally do with my knowledge.

You need to report the "unlawful sexual contact" of this CHILD to the police and CPS. Today. Now. Even if you are identified as the reporter. Geesh. Why is this even an issue for you???

 

[californiamom3]

You need to report the "unlawful sexual contact" of this CHILD to the police and CPS. Today. Now. Even if you are identified as the reporter. Geesh. Why is this even an issue for you???

Since the girl begged dad to keep this quiet I'm assuming that she doesn't know that he told me. I am one of the few adult females in her life. I don't want her to distrust me.