Medical Malpractice - Law for convicting a rapist?

Law for convicting a rapist?

My daughter was molested by her step-brother when she was 9 and raped at 13. When she was 13, the step-brother was 17 a few months from 18. The rape was violent...he raped her while she was sleeping and he pushed her face into her pillow, so that the rest of the family wouldn't hear her scream...she thought she was going to dye...for years, I couldn't understand how this sweet little girl was so angry all the time. I started therapy for her when she was 10...I also got therapy for myself, and my husband, my daughters step-father...we thought she didn't like my husband....I found out she got raped by reading a note that she was passing back and forth between a friend in school.....when she found out that I found the note she went ballistic, it seemed as if she was having a nervous break down. Before she found I that I discovered the note...I had called her dad. He was out of town on business, but was somewhat near by...I told him I was going to take her to the hospital because she's freaking out...he said he would come right over and he did and we took her to the hospital. When I found the note, she was 15 and she just turned 18 this month. There is a ton of more information...I did take her to the police station to press charges...the detective had no doubt that it happened. He said it was going to be extremely difficult to prove it...I told him I have a pile high evidence and personal letters from all the professional help she has received over the years. Her step mom also emotionally abused her which led to her physically assaulting her...my ex-husband did witness it and he just told our daughter to run, and he will get his keys and pick her up to take to my house. Also, back when the molesting started...I had noticed severe bruising on both of my daughters arms...I freaked out and asked her what on earth happened...she refused to tell me and I called her father...he didn't want to tell me at first, but then ended up admitting what happened and begged me not to press charges then, which I wished I did...I did however, get pictures, and witnesses. The detective that was on the case was seeming to be on our side and on fire to get justice for my daughter....he had a super hard time tracking her abuser down...when he brought him in for questioning, this kid didn't speak a word...other than, "I want an attorney." The detective gave him a time frame, and had a super hard time again tracking him down for a second time...when he finally got a hold of him, he had a lie detector set up, but the kid never showed up...that's when the detective gave up, never took my calls, I went over his head, never got anywhere...went all the way up the chain, and for the past several years, have had no success. I'm having a hard time finding an attorney that will take my case. I don't know where to start...but many people, mainly health care professionals, are encouraging me to never give up because this kid is going to do it again, and he needs to be in prison, because he is a violent person. This took place in Toledo, Ohio....at the time, I had shared parenting, but was granted full-custody and a restraining order was granted for not only my daughter but me as well...plus...her step-mom is never allowed anywhere near my daughter, any of her kids, and any of her whole family.....however...they are coming up to expire and my daughter is on a daily basis severely concerned when that time comes. I have hit a dead road, but I need to find another route, but not sure where to go. Any suggestions would be greatly appreciated. Thank you for your time and help.

Public Comments

First of all, I am terribly sorry to hear that. My prayers are with you and your family. Second, make sure your daughter continues therapy and gets the support she needs! Thirdly, you could try to get another Restraining Order (or AVO - I'm not sure if Americans call it that) on him. One that requires investigation into the crime and he is subpoenaed to go to court. Again, this is how the Australian legal system works.. I'm not sure completely how it differs to the America. I apologise. Also, shouldn't your local police be able to investigate the crime? Or is there insufficient evidence? Sorry, if I'm not any help. But I will keep praying for your situation. Feel free to email me if you need anything.
Your goal here is to try and see what can be done regarding her step brother, right? She was physically abused by her step mother but one story doesnt mix with the other and its a bit confusing. You have a few problems when it comes to finding justice for your daughter in regards to the rape when she was 13. The statute of limitations is 6 years after the commission of the offense so you only have 1 year to go. You had a detective who tried to help by bringing him in and questioning him, pretty much in hopes he would just confess because in reality, you really have no physical proof. Her psychological damage does not prove a rape case against him...physical evidence does and unfortunately, you have none. The district attorney cannot/will not even attempt to prosecute unless there is some kind of evidence of proof. I completely understand where you are coming from (am a rape victim myself when I was 12, with no punishment of the offender) but at this point, your focus really needs to be with your daughter and getting her any help she needs to overcome what has happened to her. Yes, you want this man off the street but you cannot successfully have him convicted if you dont have the evidence you need. Today, I am in a semi simular situation as my neice at 14 was convinced by a man 30 yrs older than her online to leave home and had sex with her. He has been convicted, but only of contributing to the deliquency of a minor with a sentence of a whopping 60 days. She just turned 18 as well. My only recourse now is to follow him as much as I can (he is a teen girls volleyball coach) and inform any organization/parents of his conviction in hopes that he will never be able to work doing what he loves to do. The law was not on our side...it happens. I feel for you and your daughter, but please focus on her and her needs now. I wish you good luck.
I am very sorry for what has happened, but honestly without a confession or physical evidence you are probably not going to get a judge to hear about the rape. Your daughter can reapply for the restraining order as soon as she turns 18. She just needs to tell the judge she still fears for her safety. She could get one against the guy if he started contacting her and she asked him not to.Also if this woman hit her after she turns 18 she will go to jail for assault.
Rape is very serious and damaging to the victims..keep the daugther in therapy, this kind of thing takes time to heal from. Seek the Lord and He will touch and heal her..believe me when I say this..it is true.. You need to continue to professional support yourself.. Consult a lawyer, you may be able to bring a 'civil suit' against the predator..
Like another poster said....it's about proof. JC gave some great advice. Mental health reports do not prove it happened. Physical evidence does. Since your daughter did not tell you about it....the physical evidence of the assault is long gone. No dna, no vaginal bruising etc. The only real shot the detective had was getting the guy to admit he did it. And he's not going to do that. The pd can't force him to take a polygraph and the kid is not going to. The kid is not going to talk to the pd other than to say "I want an attorney". I think you need counseling as well. I suspect that you may be feeling guilt (among other things)....and that's natural. Your daughter did not trust you enough and your relationship with her enough to tell you about it when it happened. Were you in the house when it happened? If so, you probably feel a lot of negative feelings about that.....the fact that it happened and you as her mother were under the same roof and did not know and did not stop it. You probably feel that you failed to properly protect her. You may be beating yourself up because for 2 years....you missed the signs. She was attacked at 13 but you did not find out until 2 years later. You saw her for 728 days after the attack and did not know. In your mind, you're her mother.....ain't you supposed to know when your daughter is hurting like that? I'm not beating you up.....just pointing out.....how much of your desire to get justice for your daughter.....is actually about releasing yourself of the guilt and negative feelings you now have since you have knowledge of the attack. (and those feelings are completely natural for you to have - you would not be a loving mother if you did not have them). You need to speak to a therapist so that you can properly deal with the results of the attack on you. Something else to consider.....if this goes to trial....your daughter is the states entire case. Remember there is no physical evidence. Is putting your daughter through vigorous cross examination the best thing for her? Will that help her in her recovery? Contact your local rape crisis center or rainn. http://www.rainn.org/ Focus your energy on getting your daughter well. Not "justice".
Never give up! Be persistent! Some one will start listening. If you can't get the law to act, talk to your local news station and write letters to the editors to every paper within 100 miles. The media always gets there attention. Get this guy in prison [yes prison] and devote your self to your child. Don't let any ones feelings matter except hers. Also try not to overwhelm her and give her room to breath. She will need you and her own space. It's a long hard road, but stay the course. Get her input, but stay behind the scenes so she isn't living it day in and day out even though you will be. Be her rock and her shoulder to lean on. It's not about vengance. It's about her. God bless.