What is the name of your state (only U.S. law)? KS
Hello. I am not sure if this is the right forum or if this should go into family law or child custody or where, so if it needs to be moved, please let me know. This is my first post so I may be confused here.
My question is basically if an accusation is made that your child sexually abused another child, but there is no evidence, and your child (alleged perpetrator) is now an adult, would he theoretically be charged as an adult or could charges even be brought at this late date with no substantiation of a crime ever occurring?
The long version is: My husband is having custodial issues with his exwife. He had been long distance due to his career (military) but got stationed close by and obtained standard visitation plus a day- in other words he has his daughter 2 week days per week and every other weekend. Before this arrangement he had his daughter only during the summer months, vacations and holidays.
One summer, more than 10 years ago when my son was 8 or 9, and his daughter was 4, my husband's exwife decided she did not want her kids around me (we lived in separate states and had never met) so her excuse was "I'm afraid her son will molest my daughter". The judge at that time ruled that she had no cause to alter the visitation and that the kid(s) would spend the summer with their dad as scheduled. The following year, the exwife again wanted to withhold visitation on the grounds that my son molested her daughter the previous year. When questioned about it and it was pointed out that there was no opportunity for what she claimed to have occurred, she dropped the subject and never filed anything, and sent the kids as planned. By this time we had moved to a third state.
Everything was fine and we never heard a word of any of it again until last night. My husband's daughter is now 15 and going through a terrible time with her mother and she is suddenly insisting that she no longer wants to keep this custody schedule (wanting to live with mom full time). When it was being discussed she brought up many delusions of her mother's as if they were facts (we did such and such, we said such and such, etc.) many of which her mother admitted to lying about in order to keep my husband away from the kids. As the conversation got heated she burst out with, "You never believed that <my son's name> molested me!"
So now I am worried that in attempt to hurt the family and my husband, she will decide to report this alleged incident (which did not occur and could not have occurred as described years ago). My son is 21 now (still at home, going to college full time) and I am worried about what will happen if the mother or daughter decide to try to prosecute this insanity. Should I be?
If he were charged, would it be as a child or as the adult he is now, or is there a difference in the case of sexual assault/abuse?
I do not know if it is pertinent but the alleged abuse happened in a state where we haven't lived in over 7 years, we all live in Kansas now. Also my step daughter did have her ex boyfriend prosecuted last year for having (consensual) sex with her when she was 13. (He faced many charges but eventually took a plea to get out of jail and is now a registered sex offender) and she threatened her last boyfriend with the same if he broke up with her (she was unaware that the law differed between a 13 year old and a 14 year old. In KS sex with a 13 year old is always "rape" and not statutory rape, but at 14 it depends on other factors). And I have heard her mention to her current boyfriend that she could "get him in trouble" if she wanted. So she does have a history of this (in addition to being promiscuous) and has no moral qualms about making up charges if it suits her desires at the time.
I hope someone can offer some peace of mind at least. As it is now, since the words came out of her mouth I am making sure she is no longer alone with my son, even for a minute lest she get ideas to accuse him of recent activity. But other than that there is nothing I can do but worry about it.
Hello. I am not sure if this is the right forum or if this should go into family law or child custody or where, so if it needs to be moved, please let me know. This is my first post so I may be confused here.
My question is basically if an accusation is made that your child sexually abused another child, but there is no evidence, and your child (alleged perpetrator) is now an adult, would he theoretically be charged as an adult or could charges even be brought at this late date with no substantiation of a crime ever occurring?
The long version is: My husband is having custodial issues with his exwife. He had been long distance due to his career (military) but got stationed close by and obtained standard visitation plus a day- in other words he has his daughter 2 week days per week and every other weekend. Before this arrangement he had his daughter only during the summer months, vacations and holidays.
One summer, more than 10 years ago when my son was 8 or 9, and his daughter was 4, my husband's exwife decided she did not want her kids around me (we lived in separate states and had never met) so her excuse was "I'm afraid her son will molest my daughter". The judge at that time ruled that she had no cause to alter the visitation and that the kid(s) would spend the summer with their dad as scheduled. The following year, the exwife again wanted to withhold visitation on the grounds that my son molested her daughter the previous year. When questioned about it and it was pointed out that there was no opportunity for what she claimed to have occurred, she dropped the subject and never filed anything, and sent the kids as planned. By this time we had moved to a third state.
Everything was fine and we never heard a word of any of it again until last night. My husband's daughter is now 15 and going through a terrible time with her mother and she is suddenly insisting that she no longer wants to keep this custody schedule (wanting to live with mom full time). When it was being discussed she brought up many delusions of her mother's as if they were facts (we did such and such, we said such and such, etc.) many of which her mother admitted to lying about in order to keep my husband away from the kids. As the conversation got heated she burst out with, "You never believed that <my son's name> molested me!"
So now I am worried that in attempt to hurt the family and my husband, she will decide to report this alleged incident (which did not occur and could not have occurred as described years ago). My son is 21 now (still at home, going to college full time) and I am worried about what will happen if the mother or daughter decide to try to prosecute this insanity. Should I be?
If he were charged, would it be as a child or as the adult he is now, or is there a difference in the case of sexual assault/abuse?
I do not know if it is pertinent but the alleged abuse happened in a state where we haven't lived in over 7 years, we all live in Kansas now. Also my step daughter did have her ex boyfriend prosecuted last year for having (consensual) sex with her when she was 13. (He faced many charges but eventually took a plea to get out of jail and is now a registered sex offender) and she threatened her last boyfriend with the same if he broke up with her (she was unaware that the law differed between a 13 year old and a 14 year old. In KS sex with a 13 year old is always "rape" and not statutory rape, but at 14 it depends on other factors). And I have heard her mention to her current boyfriend that she could "get him in trouble" if she wanted. So she does have a history of this (in addition to being promiscuous) and has no moral qualms about making up charges if it suits her desires at the time.
I hope someone can offer some peace of mind at least. As it is now, since the words came out of her mouth I am making sure she is no longer alone with my son, even for a minute lest she get ideas to accuse him of recent activity. But other than that there is nothing I can do but worry about it.
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