I have a male friend who was welcome at my home for years. He had been visiting and spending a great deal of time with my family. We had talked of marriage and he even identified my daughter as his step daughter when we were out together. If you saw how he treated me and her you would be amazed at his level of concern and caring for us. By all outward appearances he was a great guy. However my mommy radar went off one day about an interaction that didn't seem appropriate. I asked my daughter what happened and she started crying confiding that he had raped her several times over the past year. This man who'd been in our lives for so long instantly became someone who I didn't know. Immediately I called 911, took my daughter to the hospital, cooperated with the police and went to court. There was no physical evidence like DNA, just bruising. He admitted to sitting on her and locking the door "accidently" but nothing else. The jury found him innocent of rape. Is there anything I can do?
2007-02-03
00:22:21
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13 answers
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asked by
lady blue
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in
Politics & Government
➔ Law & Ethics
Thanks to all the support. My daughter is seeing a counsler and has been since I found out. The detectives in the case actually did find another allegation of abuse by this guy from 10 years prior. He's going to be tried for that case in a couple months. If only they had done their job then I would have been able to find a criminal record when I did a background check on him. At least now there is some record of his actions which will help to protect others. I think there may be other victims out there though cause he's in his mid 40's.
And believe me I thought of Uncle Guido first! But chose to do the "right" thing and call the police. I'm still glad I did but very dissappointed in the judicial system!
2007-02-03
02:57:51 ·
update #1
Contact the Sexual Assault Crisis center in your area. They should have information or can refer you to someone who can help.
2007-02-03 00:29:14
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answer #1
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answered by ambernpeach 4
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First off, I'm sorry that this happened to your daughter and to you.
Concerning criminal charges, as for rape, you had said that this had happened to your daughter several times. So, if the charge brought against him was for multiple counts, you would not be able to charge him a second time for any instance, in which he was already found not guilty (which by the way only means that the case wasn't proven, not that he is innocent). But if new evidence were to come to light concerning an instance of rape with your daughter that he wasn't tried for, then there might be the possibility of new charges. However, prosecutors frown on this because inevitably, the defense comes up with the "she's only bringing this up again because she lost the first time..." line, which paints the case as being vendictive.
My advice is that if you really want to get this guy behind bars is to hire a private investigator (it might not have been the first time he's done this) and see if there are others who had similar experiences. Then there is a chance that you can convince them to come forward, charge him again, and your daughter's experience could be used at least to make a case for character and give the jury enough to think this guy is capable of commiting rape.
Like someone else said, you could charge him with battery to your child. There were bruises. But again, same defense would come up... vendictive 'cause the rape case wasn't proven.
Otherwise, civil suits are possible.
PS: I love Hunter2's response. Where is Uncle Guido when you need him? We need someone to make this guy an offer he can't refuse!
2007-02-03 00:46:50
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answer #2
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answered by Anonymous
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This is such a common problem for those who have been raped. The victims feel helpless and the system enforces the feeling of helplessness. When I was kidnapped, beaten and gang raped, nothing was ever done and I had the evidence all over me. Today, I am a strong, powrful woman and decided to use this force to create a movement to educate people, law enforcement especially, on how to treat a victim so they may become a survivor. I receive many emails daily, most of which states how they are surprised how the law does little or nothing at all. These people we (as tax payers) employ to protect and serve have no clue how to help.
I read where you are getting help for your daughter. This is a good thing. It took years before I ever began to receive the help I needed. If you have not done so already, may I suggest you also get some help. The potential anger and rage within you will only destroy you. If you let your anger and rage manifest, he has won. If you gain power over your feelings, you have won. Then, you will be powerful and we need all the powerful survivors we can find.
2007-02-04 01:18:30
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answer #3
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answered by Rita Meyer 1
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Time to call Uncle Guido!
Or someone's Uncle Guido.
I'm sorry, I don't know what to say or do to help you. I'm afraid that I have so much distrust of men that I could only fuel your fires. Keep men away from your daughter, if they aren't Daddy, they aren't safe. Even some Daddy not really safe. Anyone can put on an outward appearance.
Go for all the justice you can get, he'll do it again to some other girl.
best of luck,
2007-02-03 00:32:55
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answer #4
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answered by Anonymous
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I am sorry to hear about this tragic situation. If you are talking about criminal prosecution, there really isn't much else you can do. the double jeopardy clause in the Constitution prevents him from being prosecuted again for the same crime.
If you are talking about what you can do for your daughter, make sure she sees a qualified therapist or a pastor to deal with this tragic event.
A not guilty verdict is not a declaration of innocence. Your daughter may still have a viable claim against this person for money damages. You could still hold him accountable financially and the burden of proof is much lower.
2007-02-03 00:40:39
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answer #5
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answered by Carl 7
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Unfortunately he cannot be tried again for the crime. Your question needs to be directed to the prosecutor's office to see if any additional charges can be filed. The main concern is getting counseling for your daughter. If you have health insurance it should pay for professional counseling or consult a minister or priest. Your daughter has a rough time ahead of her and the right counseling is of the utmost importance. Good luck.
2007-02-03 00:33:01
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answer #6
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answered by cinsingl83 3
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That reallyy sucks but now you cant do anythig except for ignore the man and give her counsenling.
Next time you go out with a man, just be careful and tell your daughter to report any sexual activity asap.
2007-02-03 14:14:15
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answer #7
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answered by A 6
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i know you want him to hurt in someway i do too. But i don't think there is anything you can do just get a restraining order and keep away from him warn your friends about him. Sorry to hear that happened to you and your daughter :(
2007-02-03 00:31:00
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answer #8
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answered by GQsmooth 3
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Any criminal charges would be up to the prosecutor. However, you might be able to sue him civilly. Talk to your lawyer about it.
2007-02-03 00:30:32
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answer #9
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answered by mamasquirrel 5
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for justice, you must see don corleone on the day of his daughters wedding. he dies of old age for real at the beginning of godfather six.
2007-02-03 03:49:37
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answer #10
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answered by Anonymous
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