Sex Crimes, Sex Offenders restraining order victims rights

[concernedmotherxxvlll]

Jurisdiction

Missouri

My daughter was raped by her step father a month ago. my daughter went to talk to the child protective services, i also filed a report in a local police station.the local police heard her side of the storie but they said they didn't have enough to keep going with this case ( she is traumatized and dont want to talk about much.it hurts her)....a few days later the officer called me saying he strongly recommended i ask for a restraining order, and write down what happend.

actually write that my daughter was raped by the person s name....my question is.if the police/child protection interviewer didn't have enough evidence to make a case,myself putting his name on this restraining order motion, its not illegal, since i dont have proof because what she told me? because if the police didn't believe how can a judge believe? my daughter was raped its a fact. i lived in a abusive marriage for almost 2 decades..i left , and i asked the local battery wife help line for help me relocate...I was not there when happens but i know it happens because of the kind of person he is..what i am afraid is that if i do this He( the rapist) will sue me for i dont know, defamation or what else since i cannot prove yet?. we also have a child together and i m afraid he uses whatever he can against me to try to take my son away like he always did.
i hope you guys understand my question, i know its a lot going on.thanks i do appreciate.

 

[army judge]

Talk to a battered women's shelter counselor, or a rape victim counselor.

The counselor will explain it all to you, and how you can best protect your child.

Don't give up after one try, keep trying, stay strong, get help and support from the two sources I suggested above.

 

[leslie82]

My daughter was raped by her step father a month ago. my daughter went to talk to the child protective services, i also filed a report in a local police station.the local police heard her side of the storie but they said they didn't have enough to keep going with this case ( she is traumatized and dont want to talk about much.it hurts her)....a few days later the officer called me saying he strongly recommended i ask for a restraining order, and write down what happend.

actually write that my daughter was raped by the person s name....my question is.if the police/child protection interviewer didn't have enough evidence to make a case,myself putting his name on this restraining order motion, its not illegal, since i dont have proof because what she told me? because if the police didn't believe how can a judge believe? my daughter was raped its a fact. i lived in a abusive marriage for almost 2 decades..i left , and i asked the local battery wife help line for help me relocate...I was not there when happens but i know it happens because of the kind of person he is..what i am afraid is that if i do this He( the rapist) will sue me for i dont know, defamation or what else since i cannot prove yet?. we also have a child together and i m afraid he uses whatever he can against me to try to take my son away like he always did.
i hope you guys understand my question, i know its a lot going on.thanks i do appreciate.

No it's not illegal to get a protection order against someone. You have your daughter write down what happened to her and who did it. It goes in front of a judge and a judge decides whether it's enough for a protection order. Just because he didn't get charged doesn't mean you can't get a protection order.

I was a Sexual Assault Response Coordinator and Victim Advocate. I had a client sent to me and I took her to the police off post first since it happened there. They closed it rather quickly. (As usual) and said unfounded. Then CID took it and they took 2 months and said unsubstantiated. But unsubstantiated does not mean false. It means not enough evidence to file charges. So she was disappointed and hurt but she was still able to go file a protection order and I told her she had that option and I would take her if she wanted me to. She said she would do it on her own.

The first time I got a protection order against my ex husband he never got charged with beating me up. I still got a protection order. The way it works in most states is there is a temporary order issued and then there will be a court date set to hear for the final one. The respondent has a chance to dispute it. So your husband/ex husband whoever he is now will get served. If he doesn't show up, good chance she gets the protection order. If he does show up, the judge will hear his side and her side and decide on it then.

But no it's not defamation or libel for her to write down what happened without him being charged. Protection orders seem to be pretty much separate from that.

Also he can't use that against you in a custody battle. I'm not sure why he would even bring it up. I don't think it would help him especially if she gets the protection order approved.

You need to go file for one for her. He needs to never come near her again.

Did she wait a month to report it or tell anyone? If that's the case then that's why there wasn't evidence. You have to get a rape kit done within 72 hours at most of a sexual assault or rape to have any physical evidence. Otherwise after that it's gone. It's very hard to prove a rape with no physical evidence or witnesses.