My very young daughter has recently come forward exposing my father-in-law of sexually assaulting her numerous times. I called the police as soon as I found out, and he now sits in jail awaiting trial. As relatives learned about it, I began receiving phone calls from people claiming to be former victims or parents of former victims. A number of women have come forward claiming he sexually assaulted them when they were also young. His wife claimed ignorance to the family, but statements made to the police say otherwise. Also, I know at least one former victim wrote her a letter a number of years ago explaining the assault that occurred to her from him. Some members of the family are happy we called police, others are angry wishing we had kept it in the family as they had done for all these years. This past pattern of behavior was complete news to me. I cannot understand protecting someone who I would consider a predator. Do I have any legal abilities after he is convicted against these relatives who are upset we didn't keep the secret they did all these years? As far as I am concerned they put my children and countless others at great risk.
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Relatives keeping sexual assaults secret.
- Thread Starter piccalo20
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mightymoose
Moderator
Short answer- No. Were their actions (or inactions) immoral? Maybe.Illegal? No.
You are asking two different questions.
There is a vast difference between the evidence necessary for a criminal conviction and a civil finding of responsibility.
I refer you to the OJ Simpson case... where he was found innocent of murder at his criminal trial but found civilly liable for wrongful death.
If you wish to pursue a civil suit, I recommend the services of an excellent attorney before you proceed.
There is a vast difference between the evidence necessary for a criminal conviction and a civil finding of responsibility.
I refer you to the OJ Simpson case... where he was found innocent of murder at his criminal trial but found civilly liable for wrongful death.
If you wish to pursue a civil suit, I recommend the services of an excellent attorney before you proceed.
Proserpina
Moderator
OJ was found not guilty - is there actually a finding of "innocent" in US courts?
(Honestly not trying to be pedantic - you know that
)
(Honestly not trying to be pedantic - you know that
)OJ was found not guilty - is there actually a finding of "innocent" in US courts?
(Honestly not trying to be pedantic - you know that
You are correct.
None of us are innocent. We are all just, perhaps, not guilty.
I was using the common parlance to make a point.
Silly.
It's not two separate questions. I don't have any control over the criminal case. That is up to the prosecuting attorney, who seems to be doing a good job. I am asking if I can do anything AFTER THE CONVICTION? Can I sue the both in-laws for negligence or any other family members who kept quiety?
CdwJava
Moderator
These were the result of a conspiracy to keep quiet, and because there was an organized attempt by an organization to conceal the attacks and to continue to put others at risk.
The Catholic Church has, largely, settled these matters out of court. It is easy to file a lawsuit - anyone can do it. Winning is a different matter. You can file a suit against family members, too. But, whether you would win at the other end is questionable. And even if you did win, is there money in their possession to pay off any award plus attorney fees? The Catholic Church has money ... your relatives may not.
CdwJava
Moderator
Anyone can sue anyone else for anything ... they just might win.
If you think you have damages, and you can support a claim for those damages (a dollar amount that will make you "whole") then you can try to sue. First, consult an attorney and see if you even have a case. The other family members likely have no legal requirement to reveal what they knew or suspected about another family member. It might be different if they acted recklessly to knowingly put another child in their in to danger, but to not report something, that is not likely actionable.
The Catholic Church took actions which can be seen as continuing to put victims in harm's way. It was the organization that was sued in addition to individuals who acted. But, the organization was the deep pockets and it was the organization that conspired to conceal the incidents and to fail to protect the victims.
I have talked to an attorney who says I can seek civil liability for failing to warn, negligence, and possible other reasons. There is evidence in the form of letters over a number of years showing a number of people knew about his pattern of assaults, but deliberately kept quiet, not even saying anything to other parents. Damages include years of doctor appointments and therapy for not only my daughter but also for my other children. They are also in counseling from this. Also, we specifically moved here so my husband could care for his parents. This may also come into play.
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