tibdit

[tibdit]

What is the name of your state (only U.S. law)? tx
My 27 yr old son was sexually assaulted by his girlfriends mother, he was 15 at the time. I know he has until his 28th birthday to file charges, however he has a very hard time with this. Can I file the charges on his behalf since he was a minor at the time? I just found out about the assault and want her punished, there is no telling how many other boys she has assaulted since.

 

[FlyingRon]

Better hurry, the SOL runs ten years from his 18th birthday.

 

[tibdit]

Thank you FlyingRon, I do realize the timeline.

 

[CdwJava]

You can let the police know, but they will need to speak to him. If he does not tell them anything they have no case, even if you want there to be.

Understand that YOU do not press charges, the state does. Even if he were still a juvenile, all you could do would be to call the police and report the crime and request they seek charges - the DA would ultimately make that decision.

Your son either wants to do this, or he does not. The sad reality is that the odds of a conviction with no evidence, no witnesses, and no confession are slim to none. Yes, it can be done, but it requires some pretty compelling evidence (statements) from people along the way that were told this or that over the years, and a lot of luck.

Another factor will be what you mean by his being "sexually assaulted." That can be a very broad statement, and depending on the specific act the statute of limitations might have expired ... note: I have not looked up the SOL in your state, just throwing that out as a possibility as fondling, oral sex, digital penetration into the rectum, a forced sexual act, etc., can all be different crimes.

- Carl

 

[tibdit]

Thank you CdwJava, Apparantly, there were others who knew about the incidents. But afraid to tell me or thought OH WOW! I have looked up the TX Penal Codes and do know she can be charged with Chap 21.01 and 21.11. There are 4 people who knew, but from hearsay, (he told them). I just think she needs to be outed to save anyone else from the pain she has caused my son.