What are my 16yr old daughters rights to protect her sister against being raped?

Question

My oldest daughter is 16 her sister is 12. There is a 17 year old threating to rape her little sister. He has already tried to kiss the 12 year old and is telling eveyone including her older sister he is going to rape her little sister. The boy is already on probation and currently missing. My 16 year old got in trouble at school because she fear the boy was serious and feared for her sisters safety. She jumped on the boy choking him screaming leave my sister alone. She got into trouble and got 15 days alternative school and the boy got nothing. I have contacted DCS,DHS,The District Attorney, The Sheriffs Dept.,The Director of schools, and the City Police Dept. and noone will do anything about the boy and I fear for my other daughters safety. Was my older daughter within her legal rights to defend her sister from harm? Where can I go next and how does a preditor have more rights than my daughters do? What groups can I contact for free legal help on this matter? Paris, Tennessee

Answer 1

maybe something from these sites can help
http://hrw.org/women/
http://www.usdoj.gov/ovw/
http://www.now.org/issues/violence/

Answer 2

Tough call and it varies laws vary from state to state.
In general, you can use all necessary force to protect another person. Your daughter's problem is that if the boy was only mouthing off, and he was not a direct threat to the little sister, the 16 year old has committed a crime of assault. Particularly if the little sister was not even present. She was legally wrong to attack the boy at that time. It is a totally different story if she catches him in the act of attempting a rape.
However, making threats like that is a crime by itself in some states and should be a violation of probation.
The other problem can be that if it is a situation where only the 16 year old heard the threat, it is a situation of he said - she said; the boy can deny it.
If others are willing to confirm the allegation, you have a basis to file charges against the boy for harassment or some similar type crime.
This is serious and I am surprised that no one seems to care, unless there is a credibility problem.
If you can, contact a local attorney for advice specific to your state. They can confirm this, but again, I believe that if he has made such threats to the 12 year old, that is a crime in and of itself. Insist on swearing out a warrant.
Good luck.

Answer 3

Kissing her was sexual harassment. Being on probation he could be in serious trouble already. If he touches her, he will go to jail. Just keep calling the police. Don't back down period. If he starts trying to rape her, your 16 year old has the right to use force to stop him.

Shooting him would raise some issues and may not be legal depending on the state your in. But a good ole fashion beating with a baseball bat can always do the trick, just don't try to kill the freak.

Besides, when he ends up in jail...Well lets just say that child molesters/rapists are the bottom of the chain and get some punishment most people wouldn't wish on a murderer.

Answer 4

If the threat was a threat of harm made in public in front of many students or adults and students, you should be able to file for a restraining order with the support of witnesses. While that won't stop him from harming her if he really wants to, it will give you a reason to go after him if he does come near her.

Though I know your older daughter wanted to defend her sister, getting into trouble at school doesn't help her cause any. Have you alerted your daughter's school, including principal(s), counselor(s) and teacher(s)?

Keep a record of all contact he initiates with your daughter...telephone calls, visits, etc., to support your case. Tell your daughters to stay away from him and make sure they have a way to contact you immediately should he come near either of them. He'll be 18 soon enough and can be tried as an adult if he attempts to harm either of them.

Answer 5

I'm surprised the local police have done nothing, have they looked into this matter at all? Try an organiztion in your community that provides advocacy for abused women or rape crisis and ask them for help, they may have resources you haven't considered. Try calling a local attorney as well, a consultation is usually free and they know the ins and outs of your local D.A.'s office better than you do.

Answer 6

Be sure to document all this so that if something does happen, you have the track record to prosecute this boy fully.

I think it would be legal for your 17 yo to carry pepper spray. If anything else happens, have her claim the boy attacked both of them. Then it becomes self defense.

Tough situation.

And don't go to the ACLU. They are precisely the kind of people that will sue you for infringing on the boy's rights.

Answer 7

This is where you need to step up as a mom, find the boy, get in his face, and tell him if he doesn't leave your girls alone then he hasn't seen anything yet.


They actually sell things now that you can insert in yourself, so that if you are raped it will attach to the penis.

Answer 8

Contact an off duty police officer that has girls of his own. He'll have some advice or possibly a better answer.

Answer 9

she has that right it was in defence you need to make them listen or move your child to another school and home schooling is not bad if the fear gets too bad and if he comes to your house call the cops immediatly

Answer 10

Go to the news media, and tell them all the agencies you went to, who did nothing. The News just loves stories like this. When the agencies see they're getting bad publicity, they'll change.

Answer 11

i feel your 16 year old didnt even reach the limits of her rights to protect her sister, yet. i think she would be well within her rights to cause serious physical harm to him. thats what he is threatening to do to her sister. id hurt him.