Can I pursue legal action against a man believed to have raped my mom 25 yrs. ago?

Question

-I know who this man is
-He was very well known in the church and because of this, his crime was "covered"
-My mother was 16 at the time, she had no real support because my grandmother was also an important figure in the church and feared for her "reputation", so I believe the case went to, but was dropped or thrown out in court
-This was a RAPE, I also know of the potential witness/accomplice
-Can I get a DNA test taken now to prove he's the father? In doing this, can it be proven that he did committ the rape crime?
-Are there any attorneys that see potential in this situation and would like to assist me legally?
-There's also a church scandal that ties into this situation that went "public" in the 80's
-I don't have alot of money, but I do have alot of faith..and I feel that there may be some potential "recognition" here, if anything, for the attorney who can prove the crime and associated church scandal
-I'm being completely honest and hoping to seek justice for my mother

**UPDATE**
-yes, I am the child
-the accomplice was his sister, she held my mother down
-no, i'm not poor, i just don't have thousands pooring from my purse
-true, my mother doesn't want much to do w/ it because of the situation, how would you feel if you were raped and no one believed you, not even your mother?
-i'm not "riding" the scandal train, it ties into the rape situation because he may have been potentially molested by the catholic priest in the church, who later adopted him, and who covered him @ that time, giving me reason to believe (yes, only a hunch) that he probably did rape my mother...the church scandal may not benefit me, but i think it just may help, maybe not, i'm just not sure you know?
-my mother raised me alone, the best way she knew how, no i think i owe her as much justice as i can get
-i'm actually not looking for money, believe it or not, i do think i have a story to tell though
-my state is WA (where the space needle is)
-thank you for all feedback

Answer 1

You need good legal advice. Criminal statutes are different from one jurisdiction to the next.

Here's a thought: Maybe what you need isn't a legal remedy. Maybe you need some other form of justice -- a public truth-telling, for example. If that's the case, then why not write the whole story -- rape, cover-up, scandal, and all? You'll need to get all the facts, of course. It might be good for you.

I hope you find some form of justice, or whatever it may be that you're after.

Answer 2

You have no cause of action. The crime was not committed against you.

In most states - Rape has a statute of limitations. In my state it is 7 years. Most likely any crime committed against your mother is outside the statute of limitations.

But in the end - only your mother could pursue anything.

Not being hateful but I'm suspicious that you're trying to ride the church scandal gravy train "I don't have a lot of money". "I feel that there may be some potential 'recognition' here, if anything for the attorney who can prove the crime and associated Church scandal" only encourages suspicion of your real motive.

So are you looking at this to alleviate your poor financial situation?

Answer 3

I am not sure where you are writing from so my advice may not be helpful at all. If you are in the UK then the procurator fiscal needs at least 2 pieces of hard evidence in order to even get a crime to court (i.e. witness account, DNA from a rape victim, the victims account itself etc) there won't be any DNA, but you say there may be a witness account? But just one would not be enough unfortunatly.

If it could be proven that this man is your father this would not be able to count as a piece of evidence I don't think, because it does not prove that it was rape. It may have been consensual sex as far as a defence is concerned. It may be relevant because it gives some circumstantial evidence, but might just not be enough.

I'm sorry this happened, it's a terrible thing I know from experience, I hope your faith helps you cope with what happened to your mom, whatever the outcome is. I suggest you talk to the police or a lawyer.

edit: When I wrote this I assumed your mom was no longer alive, and you now wanted justice for her. The fact that your mom is still alive means that she would have to be the one to press charges. If she doesn't want to do that then I really think you should respect her decision not to. You could try and get some information for her, and talk to her about it and tell her that you believe and support her etc, but it's your mom that needs to be the one to press charges. It may be that after all this time it would hurt her more to drag up the past. Unless she is willing to stand up in a court room in front of the accused and tell the court in graphic detail what happened to her, then nothing can be done about it. (and believe me, this is not a nice experience...) This is why so many rape cases dont make it to court.

Answer 4

Disclaimer: I have no legal training whatsoever. These are just what I consider to be common sense questions and observations. Sometimes common sense and the law have nothing to do with each other, so don't take my word for anyone.

Is your mother still alive? You really need to talk to her about this. She'd probably have to be the one to carry this forward, since she probably knows much more than you do about the whole situation. You can offer to back her up and do all the legwork for her, but ultimately, she'll have to be the one to talk to the cops, give depositions, testify in court, etc. Supporting her is one thing, but you can't really do it all for her, unless you know exactly what went down and how. And if she is still alive, and she hasn't done anything about it up to now, she may actually prefer it if you just left it alone.

About the witness/accomplice, what would you try to do? Prosecute him too? Or try to get him to testify against the rapist? If he's an accomplice, shouldn't he be prosecuted?

In what state did it occur? Are you talking about aggravated rape, sexual assault, statutory rape, incest, or what? Each state has different terminology for different offenses. Also, the statute of limitations varies from state to state. You'll need to know exactly what you're dealing with before you can find out whether this crime can still be prosecuted. Also, you'll have to know what the laws were like when it happened, not just now. New laws usually aren't retroactive.
http://www.ndaa.org/apri/programs/vawa/statutes.html

He's whose father? Yours? Were you conceived at the time of the rape, or do you have a sibling? If it's a sibling, you'll have to get them to volunteer a sample for a DNA test. Same for the rapist, unless you can provide enough evidence that the Court compels him to do it. Otherwise, you might not be able to *prove* that it was his DNA that was tested, so you couldn't *prove* that he was the father.There are services that can do testing for private citizens, as opposed to law enforcement crime labs, but you'd probably need a good sample like a swab with his saliva on it. They're not gonna get it off a cigarette butt or a coffee cup like on TV.

If you really have faith, and you really want justice for your mother, you may come to understand that God will take care of it all. Have faith that He will render justice and the rapist and your mother will each get what they deserve.

Answer 5

I suspect you are going to need some additional evidence to force this man to DNA testing. For information on the possibility of bringing charges against this main, I suggest you talk to some one at a free legal clinic or rape crisis center. They will know the laws in your area.

Does your mother know you are doing this? I also believe you should speak to her about it. She may not want justice after 25 years. Digging all this up is going to have a big impact on her life.

Good Luck

Answer 6

You really need to talk to a lawyer, in my opinion probably not, it's been 25 years, evidence is gone, witnesses have uncertain memories. It would be a he said/she said type of thing. Probably just cost you a whole lot of money you can't afford.
However, if you can prove he's the father, a civil case for monetary damages would seem a better course. You won't put him in jail but your mom might get some his money.

By the way, my opinion is just that, talk to a lawyer.

Answer 7

There are statutes of limitations on crimes. First check to see if rape has any. As for paternity, you definitely need a professional. But paternity does not prove rape. Because he may owe support for you, you might get legal aid to help for free.
God bless.

Answer 8

YES you can. The statute of limitations time doesnt start until the complaint has been made. alot of people think that the statute of limitations clock starts when the crime happens, but this is not true....
contact a family lawyer, and the police... ask them what you should do....

Answer 9

You may be able to sue him, if you are his child... but not for the rape. For damages you've incurred by not having a known father, etc.

Ravenhon-- This is RAPE we're talking about. Those that commit such crimes are horrible people; that doesn't just melt away with time.

Answer 10

Yes you could but you need to talk to the D A 's office where you live and make sure you have all the facts.