Need help with rape accusations/arrest/trial

CJMockingbird

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Hi there, My novel has a specific part that takes course over an entire trial. I'm not asking for a blow-by-blow of the process, but more with some details around it. My MC is falsely accused of abusing his daughter by his wife (soon-to-be ex wife), they are also going through a custody battle but it would be at the same time or after. [br] I'm toying with the idea of faked evidence, that will eventually be outed, but I'm not sure about going this route due to believability. I may just keep it as to where there was no evidence found on the rape kit. My main concern has been that the MC attempted suicide shortly before-- when would he be arrested? Would he get bail? I need him to attend his mother's funeral before he goes to jail to await trial, if possible. The story is set in the states and in a fictional town, but if I had to pick a state, I guess I'd go with Texas. Thank you
 

cornflake

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How old is the daughter?

You've got a LOT of stuff here that needs more clarification. How old, what's the basis of the accusations, what is he actually accused of and what's there evidence of, who accused him (just the ex?), what investigation are you thinking of, etc.

If you're actually having him arrested, you've got a lot going on, including likely a lot more people involved (social workers, gal, psychologists and/or psychiatrists, etc.) just btw.

The answers to some of the above will inform a lot of the answers you want. If you don't want him to get bail, you'll need a reason, like serious danger, no ties, or no money for it from anyone.
 

CJMockingbird

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Sorry about the lack of detail. Let me clarify. The daughter is around ten. The mother believes the sexual abuse started as young as 3-5. (My MC is a male who was abused around 8, by his mother, and my MCs father mentions this to the MC's wife around the time the daughter is born. She thinks her husband is "acting out" his own abuse on their child.) I want the mother to demand a rape kit after the suicide attempt of my MC. She hesitates to accuse him sooner under the belief she can control her husband / help him herself by controlling/monitoring his life (she ends up secluding him from friends/family for almost a decade). He will be going through a trial, but I need my MC arrested, but I'm a bit fuzzy on how/when. I assume the wife would want to charge him ASAP, the rape kit would take about a week but his recovery in the hospital would take a few months. However, as stated, I need him out of jail for a few months at least, to attend his mother's funeral and for a few other things to happen. Regarding (no) bail, would accusations of molestation be enough to lock him up? (This isn't what I want, until later.) In this vein, with such accusations in place, would he be allowed to stay in any resident with a child? (Their daughter ends up being placed with an aunt/uncle.)
 

CJMockingbird

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Let me also clarify that the rape kit is either going to be negative or falsified somehow. Just not sure if I can get away with the latter and make the story remain believable.
 

jclarkdawe

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Rather than try to answer your question, here's a real case for you to look at -- http://www.courts.state.nh.us/supreme/opinions/2011/2011144ruggiero.pdf. Lots of news coverage as well, but the opinion is the closest to the facts. Let me tell you that these type of cases are very different from each other as to what happens.

Best of luck,

Jim Clark-Dawe
 

CJMockingbird

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First off, I want to apologize for the double posts. I can't seem to get the edit function to work? (Doing a quick skim on the article, I see some similarities.) Any other advice would still be helpful, though.
 

jclarkdawe

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Hi there, My novel has a specific part that takes course over an entire trial. What do you mean by the entire trial? Most trials last less than a week. Do you mean from original court filing to conclusion? In these types of case, we could be talking years. I'm not asking for a blow-by-blow of the process, but more with some details around it. Not enough details for me to provide you with much specific information. What you're asking for fills books. My MC is falsely accused of abusing his daughter by his wife (soon-to-be ex wife), they are also going through a custody battle but it would be at the same time or after. As a divorce? What level of custody is anyone seeking? Quardian ad litem appointed? What's the allegation of abuse? Family services notified? What about the kid's doctor? Shrink involved? What about the school? What signs is the kid showing of abuse? [br] I'm toying with the idea of faked evidence, that will eventually be outed, but I'm not sure about going this route due to believability. It can be very believable. But there's a lot of doubt when it occurs in a divorce. I may just keep it as to where there was no evidence found on the rape kit. Rape kit is useless as hell usually in an abuse case. About all it might show is some tearing, bruising, and the hymen might be changed. All of these can occur from several causes including masturbation. My personal favorite was the six-year-old girl who tried one of mom's tampons. This took six months for the kid to tell the shrink. She didn't want to get in trouble. My main concern has been that the MC attempted suicide shortly before-- when would he be arrested? When the police decided there was sufficient evidence to support a guilty verdict. Would he get bail? Really depends. I need him to attend his mother's funeral before he goes to jail to await trial, if possible. Then have him violate the bail terms. The story is set in the states and in a fictional town, but if I had to pick a state, I guess I'd go with Texas. Thank you

Best of luck,

Jim Clark-Dawe

 

T Robinson

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Rather than try to answer your question, here's a real case for you to look at -- http://www.courts.state.nh.us/supreme/opinions/2011/2011144ruggiero.pdf. Lots of news coverage as well, but the opinion is the closest to the facts. Let me tell you that these type of cases are very different from each other as to what happens.

Best of luck,

Jim Clark-Dawe


Jim, not to derail, but do you know what her sentence was?
Just curious, Georgia would have probably been 3 to 10, depending on judicial circuit and whether consecutive counts or concurrent. Thanks
 

jclarkdawe

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Sorry about the lack of detail. Let me clarify. The daughter is around ten. The mother believes the sexual abuse started as young as 3-5. And mom sat there and did nothing? Wonderful. (My MC is a male who was abused around 8, by his mother, and my MCs father mentions this to the MC's wife around the time the daughter is born. She thinks her husband is "acting out" his own abuse on their child.) Interesting how this would work. You'd do better with a boy child than a girl child with this theory. I want the mother to demand a rape kit after the suicide attempt of my MC. Which would be refused unless there is some timely connection between the two events. She hesitates to accuse him sooner under the belief she can control her husband / help him herself by controlling/monitoring his life (she ends up secluding him from friends/family for almost a decade). Which if the police find out any of this, would probably cause them to drop the case. She's a whack-a-doodle. And yes, his attorney is going to be pointing all this out constantly. He will be going through a trial, but I need my MC arrested, but I'm a bit fuzzy on how/when. Nothing here is enough to get an arrest warrant. Most likely what would happen is that Family Services would remove the girl from both of them. I assume the wife would want to charge him ASAP, the rape kit would take about a week but his recovery in the hospital would take a few months. A few months in the hospital to recover from a suicide attempt? Not likely. Rape kit is not likely to be administered with what you've presented so far. And without support, like the child telling a therapist that she was molested, there's going to be no arrest warrant. And any therapist, getting this sort of story from mom, is going to be very cautious about believing the child. Mom probably gave the kid the story to tell the therapist. However, as stated, I need him out of jail for a few months at least, to attend his mother's funeral and for a few other things to happen. Regarding (no) bail, would accusations of molestation be enough to lock him up? It could be. (This isn't what I want, until later.) In this vein, with such accusations in place, would he be allowed to stay in any resident with a child? Probably not. (Their daughter ends up being placed with an aunt/uncle.)

How is the child showing signs of abuse? (Of course, the kid is going to be a bit strange with the way mom has been dealing with dad.) By the way, with dad having attempted suicide, he's going to have a therapist, and that therapist is going to have an opinion of the likelihood of dad abusing his daughter.

Best of luck,

Jim Clark-Dawe
 

jclarkdawe

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Jim, not to derail, but do you know what her sentence was?
Just curious, Georgia would have probably been 3 to 10, depending on judicial circuit and whether consecutive counts or concurrent. Thanks

She received a 7 to 14 (consecutive sentences), but died from a seizure on the same day as the Supreme Court ruling. The judge who sentenced her was a less than happy camper with her, and gave her pretty close to a grand slam.

Best of luck,

Jim Clark-Dawe
 
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CJMockingbird

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What do you mean by the entire trial? Most trials last less than a week. Do you mean from original court filing to conclusion? In these types of case, we could be talking years.
I was aiming for a few months for just the molestation case. The custody stuff is background and not relevant to the story I'm trying to tell, but it is there.
As a divorce? What level of custody is anyone seeking? Quardian ad litem appointed? What's the allegation of abuse? Family services notified? What about the kid's doctor? Shrink involved? What about the school? What signs is the kid showing of abuse?
I'm not sure how probable having a divorce and custody case going on at the same time is, but I assumed both would be going on. Both seeking sole custody. I hadn't considered an Ad Litem. Are family members able to be appointed? The allegations are sexual, to outright intercourse. I feel dumb for not even thinking about family services and the school; I'm sure they would be notified. I did have protective services appoint the daughter to stay with her aunt/uncle who have 2 children of their own and a stable home. I can bring up the teacher and her doctor during the trial, but it will probably be minimal. Shrink is definitely involved. I'm intentionally going to have this shrink be pretty terrible by asking the wrong kinds of questions (leading, ect.) The kid has basic withdrawn attitude and is generally confused because she wasn't raped, she doesn't know why everyone is upset with her father (and in her mind, as children tend to do, what's wrong with her). Leading up to the accusations, she's a bit withdrawn, but that's because of her parents fighting (mostly verbal, rarely physical, and she's never been hurt in any way, except mentally).
Rape kit is useless as hell usually in an abuse case...
I wasn't aware of this. Glad I was worrying over nothing. The main reason I am including the rape kit is because of the mother's insistence and the fact that my MC went through one as a child and as a male, it's rarely talked about. I'm not focusing on sickening detail here, but how traumatizing these things can be.
Then have him violate the bail terms.
Once again, I feel dumb. I don't know why obvious things fail to occur to me. I blame my downstairs neighbor waking me up the past three nights fighting. I hope my answers help. Your post has made me look at a lot of things I'm considering as I plan this novel. Thank you for the insight :)
 

cornflake

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If she's 10, and she's not been molested, you're going to have a hard time getting him to trial or even arrested. There are certainly places that jump on stuff, but she's not a toddler, there's going to be no evidence (a rape kit wouldn't have anything to do with anything unless you've got someone suggesting she was JUST raped), and a kid who I assume isn't going to lie and say she was abused.

That's a hard nut to crack with a kid that old. The mother's accusations as you have them also aren't at all compelling.

Post-McMartin, people *tend* to be less willing to jump to prosecute.

As I mentioned, you've not only got the social worker, gal, and the psychologist you're going to have be bad, if you do put him on actual trial, there're going to be more mental health professionals, and if he's not an idiot, and if he doesn't have an idiot for a lawyer, he'd insist on that before it got that far.
 

CJMockingbird

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Hmm. If I made the child younger? I could probably parallel better if she was the same age range my MC was (5-8).
 

Lena Hillbrand

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My .02

I have a really hard time with the rape kit (as someone said, unless it just happened within hours, it's not going to show anything). The mom can accuse the dad, but without any evidence, I don't think she could *insist* on a kit with no basis. She would have to go to the hospital that day--"my husband raped my kid TODAY. She needs medical attention." She would go to the hospital, where the child would have to talk to rape counselors, psychiatrists, doctors, and other specialists. And the police would be notified. There is little likelihood they would all believe the mother's story--or that any of them would believe it. I'm not sure if they would talk to the child alone, as she's a minor, but they would still want her to answer for herself and her mother to stay out of it/not influence her answers. Unless the kid told them that her father raped her, I doubt they would even make an arrest. And if the kid did say it, she would still be under a lot of scrutiny (bc the mother likely convinced her to say so). If these accusations are made in the middle of a divorce/custody battle, I doubt a judge would put much stock in them, even if they were true. It would look like the mom was trying to win custody by fighting extremely dirty. It would make her look worse than the father.

You might also look up the case with Woody Allen/Mia Farrow/Dylan Farrow.
 

cornflake

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Hmm. If I made the child younger? I could probably parallel better if she was the same age range my MC was (5-8).

The younger the kid is - and that's not really young enough - the more the system will rely on evidence, and there is none. Which doesn't mean people dismiss claims of abuse, but it'd be pretty simple to show the mother is fixated on this idea and then the father looks like a better bet for custody, nevermind not an abuser. The thinking she can 'control' him if she actually believed he was molesting their kid for years is likely to come out if someone asks how long she thinks it's been going on and then ..

Your original post says you're toying with no evidence - on what basis are you thinking of having him arrested and then ending up on trial?
 

Roxxsmom

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May want to do a bit of research on how rape kits work and on how experts conduct medical exams on children and pre teens in order to see if they're likely to have been molested. As CF said, rape kits only detect biological evidence left behind from recent sexual contact (semen, blood, pubic hairs and so on), the sooner the better. I believe the absolute upper limit for evidence collection is a few days, but within a few hours of the assault is best. Some signs of sexual abuse can persist for longer in children who are raped or molested, but things like lacerations and bruising will obviously fade in the days following an assault.

https://www.rainn.org/get-information/sexual-assault-recovery/rape-kit

http://www.surviverape.org/forensics/sexual-assault-forensics/rape-exam

https://www.rainn.org/get-information/types-of-sexual-assault/child-sexual-abuse


Here are some articles aimed at pediatricians and other primary care providers. They detail the proper procedures for examining children where abuse is suspected and the signs to look for. Warning, though these are medical articles, there are some descriptions of damage that are rather unpleasant to read and contemplate and might be triggery for some people.

http://www.aafp.org/afp/2001/0301/p883.html

http://pediatrics.aappublications.org/content/103/1/186.full

http://pediatrics.aappublications.org/content/132/2/e558.full.pdf
 
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WeaselFire

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Is this in the current time period? And what location? These will make a big difference in how things progress. Also, from what you describe needing for the plot, your base idea is plausible. You really just need to find the details that fit your plot and ignore or lose the details that don't.

Jeff
 

CJMockingbird

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Cornflake I read about several real life cases of men being arrested with no evidence/wife's word. I know it won't hold up later in court, unless the place has an agenda to pull, but that's kind of the point. I want to show how my MC has been misbelieved / ignored his entire life, not only in his own case but in this one as well. The after effects of even false accusations can be horrendous. The control issue would come up in the testimony of course. It's one of those things where the mother's lies are slowly unraveled, but I can see if there's not enough evidence in the first place this is going to be a problem. As for the basis of his arrest, I'm still trying to work out the details. I know there has to be some evidence and this is making me lean more towards the faked rape kit, coaching, and as stated before, a lousy shrink in the kid's case that asks leading questions. In my original planning for the story, the wife's attorney tampers with evidence which gets outed later on (not at insistence or idea of the wife, though--she's not malicious, she's genuinely concerned for her kid, she feels my MCs suicide attempt was an admission of guilt. I also have a neighbor that witnessed fights and talked to the wife about her concerns over the years, so the accusations didn't come out of the complete blue. Roxxsmom Thanks for the links. I've done thorough research on rape kits and I know what's involved, but I will give these a look-over anyway. ;) WeaselFire it is modern time. I don't have a dead-set year, but let's say within the last decade? The location is a fictional *small* town (as per my original post, if I had to choose a state, it would be Texas, because that's what I'm most familiar with). I'm really happy to hear my idea can work, but I'm definetly struggling with the details. Most importantly it has to be believable and that's why I'm here. I appreciate the hard questions! :) It's only going to make the story stronger down the line. Thanks, MJ
 

jclarkdawe

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Now that I have a better idea of what you want to do, here's how I'd approach it.

Keep the little girl about ten. Mom's been saying for about five years such things as "Has daddy stopped sticking things in you?" and "Is daddy leaving you alone?" Works especially good if dad is a hugger and a toucher. Mom has also had frank discussions about the body parts on men and women. Good touch and bad touch include a comment of, "Not like daddy does."

Remember that kids want to please their parents. Mom might on occasion be more explicit, saying "Daddy used to touch you down there when you were younger, but he's stopped now, hasn't he?"

Mom starts going to support groups. She discovers who is the therapist that finds abuse in any kid. And the lawyer that agrees that men are bad. Kid will naturally confess to the therapist.

When mom is asked, she says "Dad stopped five years ago." Mom is on dad's side, at least publicly. Mom can be faking this, or doing this as a result of a mental condition.

This can either be done deliberately by mom or as part of a mental condition. As far as getting the bail revoked, have her send a text or email just before dad goes to the funeral. Have her get it to the police so that they can arrest him at the graveyard service. That can also be the beginning of figuring out that mom is faking things.

Best of luck,

Jim Clark-Dawe
 

CJMockingbird

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I may incoorpetate some of those ideas. Thank you for the help :) Whenever I amass the posts required I'll get the first chapter up and see where I'm at. My only question is the text: how would it revoke bail? I was just unclear. Thanks again.
 

jclarkdawe

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What do you think might happen is mom shows up at the police station with a text purportedly from dad saying, "Soon as mom's funeral is done, I'm taking my daughter and leaving this hick state." Depends upon how you set this up what it should say.

Best of luck,

Jim Clark-Dawe
 

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There was a movie (The Good Mother) I remember from many years ago that dealt with something along these lines, though in this case it was the mom who was in trouble. There was an incident between her boyfriend and daughter that wasn't molestation, but it was ill advised, and it alarmed her ex husband (you kind of got the impression he didn't approve of his ex having a boyfriend who was over when the girl was around, though it wasn't set up as his making what he knew to be a false accusation). No one was ever charged with anything, it was very traumatic, and she lost custody of the kid.

Not saying this situation was exactly like what you're looking at, but it might be something to look at. Because yeah, a false accusation (whether it's deliberate or a result of good intentions gone awry) can have devastating results on a person's life, even if no one is convicted, or even formally charged. Loss of custody or visitation rights when parents are divorced, for instance, and the whole "standing in the community" thing.

No one in their right mind trusts kids around someone where there's been even a suspicion of child abuse or molestation, for instance.

I'm guessing the particulars in the movie might be somewhat dated now, though.
 

Ravioli

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If the daughter is a virgin but has already had her period, the accuser can try to get a blood-stained pair of knickers. There are also people who are astounding actors who can put themselves in a state of shivering, sniveling shock at the drop of a hat. I know I can. A credible testimony can go a long way. If the daughter is enough of a bitch, she can injure herself. I got a doctor to give me a note for police once that I did indeed suffer a heavy bruise on my shoulder from a classmate's assault. I had painted it on. If you're just smart and evil enough, you can get someone onto death row for murdering you while you're out there having ice cream.

Here's on human nature in the face of realizing you're in trouble, deserved or not:
Real life accusations are handled differently than on TV, as are lie detectors. You don't just sweat or get tense when lying, but also when otherwise anxious, and a father accused of raping his daughter is probably gonna be in a state of utter distress throughout the whole thing, screwing himself over because his body is like "We so dead bruh". You don't respond calmly to "Oh hai u rape ur daughter yes?". Perhaps, PERHAPS if the so-called victim is your crazy ex, but not your daughter. That's an instant ball buster. If you cherish your good intentions or your honesty and someone accuses you otherwise, you can fall apart in a heartbeat and incriminate yourself through your response.

If the man is still unstable from his suicide attempt, he may be held in psychiatric custody, ie. bedcuffs in hospital, or locked up in the psych ward, with or without police supervision to make sure he doesn't run before his arrest, or that's what I understand of it.
 
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bombergirl69

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WEll, having had some experience with this, I can say your premise generally is pretty sound. Sure, a random comment by kid to someone else could wind up getting dad investigated, or a comment by mom. Or, if they are going through a custody case, and it's contentious, there may well be a referral to a psychologist for a full evaluation of both parents. You bet parents will make accusations in those evaluations that psychologists are required to follow up on (report, not investigate). That's why many psychologists (me) hate doing those. Both parents are trying to look good and make the other look like a loser, and in the process, the kid can really lose.

Psychologists do not have opinions about what might have happened in the past (well we have lots of opinions but we wouldn't be able to say, "He did it, for sure, the tests prove it!" ) A psychosexual evaluation can help determine how well they'll follow treatment, chances for recidivism, how much risk they pose the community and so on. So PSEs are typically done after someone has admitted their crime.

A privately retained psychologist is going to be covered by confidentiality (not so a court mandated psychologist, who is, say, performing an assessment where the client is actually the court or CPS, confidentiality is very different in those cases.)

Sure, an accusation could result in removal of kid or offender from the home. But, to go forward, there is going to have to be some evidence other than "mom said." Otherwise the case gets closed as "unsubstantiated." If mom discussed this with a neighbor, and the neighbor suddenly comes forward and says, "He molested my little Katie too!!!" that would get attention (as happened here, all proved to be false.) In the Good Mother, a good example, they do some ill advised stuff (I think he showers with the girl) but, they did do it, no question about false accusations, just about whether or not what they did was abuse, as I remember.

But yes, false accusations do indeed happen and not as rarely as we would hope. As I said, we have one happen in 2007? maybe later, with multiple accusations, looked bad for the guy, but in the end, he had a very good lawyer, and demonstrated all the accusations were false, the parents just got on the bandwagon. Didn't really help the guy though. Sure, he got off but not like he'll ever work in the field again. And he did have to move. Another individual was also exonerated by the courts but his ex still got a restraining order, and prevented him from seeing his kid, who now hates him (no contact for ten years.)
 
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