Criminal Law/rape
Expert: Robin Sexton - 8/21/2009
Questionif a step-father sexually assaulted and raped his now 17 yr old step-daughter over a total of approximately 2 yrs. she has been molested until earlier this February when she was raped. She's thinking of reporting but is afraid he'll retaliate if he finds out. mother doesn't know. Residing in Maryland, what happens after she reports? will police investigate and apprehend him immediately? will he be detained/arrested? or released after questioning? there's fear that he'll abuse the family regardless verbally/physically or become belligerent. there's debate whether to tell mother first or report first. if mother finds out there's a chance she might confront him which can end negatively. what is the recommendation? n if ur not in position to make recommendation, then what is your personal opinion?
AnswerNo Name,
Obviously this is a very serious issue. I can not address Maryland law specifically but i can give you some general guidelines and the normal investigative protocol.
Your friend should immediately contact the local social services office or the local police department. Depending on the complete situation the child is usually immediately removed from the home to a safe environment, either a foster home or possible another relative that is willing to protect the child.
Investigation is then conducted and usually consists of interviews with all the parties involved and associated family members. One technique that has been very effective is to have the victim make a phone call to the suspect prior to the investigation becoming known. Then elicits statements from the suspects showing guilt. The suspect is not normally arrested right away. The sad reason for this is that there are many times these are false reports. Law enforcement has to be careful. I agree on the problems with telling the mother. High probability that she will side with her daughter. In most of these situations the mother prevents the father from coming back into the home until the matter is resolved one way or the other. One issue that will come up is the mothers real disappointment and guilt of it occurring and the daughter not feeling she could talk to her mother when it first occurred.
Finally, unfortunately this is a very very common occurrence. Most jurisdictions have established protocols, and specially trained investigators, counselors and logistics to deal with this. Have your friend find someone possibly like you that they trust to go with them to social services or the police department. She will need a friend to be with her.
Good luck, if you need specifics please recontact me
robin