Legal Question in Criminal Law in Illinois

Raped My Child And Walks Free

My daughter recieved very discusting letters from my ex-husband while he was in Federal Prison for child porn on the Internet.He served 2 yrs for that and broke parole (the letter) and went back for 2 more yrs. While he was in there the second time he wrote another letter to my daughter (from a federal prison mind you) that very graphically described how he raped her when she was 11 yrs old and apologizing for it. I took the letter to our State's Atty, and she just said it wasn't enough to charge him. Can you help me understand why he can do this to my daughter and make my daughter feel like she can't testify against him because if a signed confession wasn't good enough for them, why would they listen to her.They told us that even though he went back to prison for writing that from a prison they couldn't view his mail before it was sent out because it was against his Constitutional Rights.What about my child's rights? As a result he continued to write more to her which I intercepted. I have spent endless days in a law library and I can't seem to find out why he is allowed to walk free. Please help !


Asked on 3/26/03, 8:52 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Raped My Child And Walks Free

I understand your frustration. They cannot check his mail before it is sent out - it is an intrusion into his privacy. Why hasn't the SA gotten an order of protection for you and your daughter. This would stop him sending this info or he would be in violation of a court order. If he violates a court order, he faces more problems. Also, if he sent your daughter a second letter and the SA is stating it isn't enough - I'm not sure what you mean, enough for what - it should be enough for a violation of his parole. Also, please tell your daughter that a signed confession can be attacked in court as can any witness - the difference is, a witness can really have a strong effect on a jury that a piece of paper may not. If top penalties are wanted, a witness is the best bet. If you are unsatisfied with your SA, you should try and have the case transferred to another or try to speak with her about your issues. If you have no luck, go to her supervisor. And keep intercepting your daughter's mail.

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Answered on 4/10/03, 1:57 pm


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