if someone who was raped at age 15, can a mandate reporter still report it when she is 22? What if she doesn’t want to make a report?

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if someone who was raped at age 15, can a mandate reporter still report it when she is 22? What if she doesn’t want to make a report?

My sister in law recently went to a trauma center only looking for counseling for a rape that happened to her when she was 15. she spoke to a mandate reporter unaware that she was going to report to the police. the reporter asked if she had ever seen her brother(my boyfriend) naked. she said yes when they were kids but he was coming out of the shower and it was totally by accident. She told them about me and that i have a 3 year old daughter. Now my boyfriends under investigation and they’re looking for me and i’m scared i may lose my daughter or my chances of getting sole custody

Asked on July 2, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, if you and your boyfriend aren't married, his sister isn't your sister-in-law;  I'm not sure how much that actually matters here, though.  There's no statute of limitations on rape, and although I'm not familiar with California law about the mandate reporter it seems unlikely to me that she did anything other than her duty in reporting to the police.

When you talk about worrying over your chances of getting sole custody, it suggests to me that you're going through a divorce or a custody battle.  Whether or not that's so, I think you need to talk to an attorney about all of the facts of the situation, including whatever difficult or embarrassing information you might have, for reliable advice about what you should do next.  One place to find a lawyer is our website, http://attorneypages.com

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, if you and your boyfriend aren't married, his sister isn't your sister-in-law;  I'm not sure how much that actually matters here, though.  There's no statute of limitations on rape, and although I'm not familiar with California law about the mandate reporter it seems unlikely to me that she did anything other than her duty in reporting to the police.

When you talk about worrying over your chances of getting sole custody, it suggests to me that you're going through a divorce or a custody battle.  Whether or not that's so, I think you need to talk to an attorney about all of the facts of the situation, including whatever difficult or embarrassing information you might have, for reliable advice about what you should do next.  One place to find a lawyer is our website, http://attorneypages.com


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