Legal Question in Family Law in North Carolina

As of 2013, Asperger's is no longer an official diagnosis in the DSM. Instead what use to be known as Asperger's has been lumped in with autism spectrum disorder. So the impact of taking him to court will depend largely on how sever his disorder is, what he has to lose and his ability to appreciate any punitive consequences. A 26 year old man having sex with his 22 year old stepdaughter would be incest and is a felony but it would very likely be hard to have him prosecuted and not the stepdaughter (assuming the sex was consensual). That combined with the fact that of the types of incest there are, having sex with a 22 year old stepdaughter is probably the least offensive (welcome to North Carolina where sex with your first cousin is NOT included in the definition of incest) and due to his mental disorder, it is possible a DA may not be interested in prosecuting. As far as civil court goes, wife is pretty much limited to filing for divorce and associated divorce claims and possibly a suit against the daughter. So basically, from a legal standpoint, likely nothing of consequence is going to happen to him. Depending on the severity of the autism, he is likely not even going to endure the shame of being publicly outed for have sex with a step daughter, as it is possible he would stand up in the middle of court waving both arms in the air and shouting 'Woo Hoo I banged me step daughter!'. So in making a decision to go to court, you would have to weigh will this punish him in any significant way that out weighs the collateral damage of the incident becoming public and other possible consequences to you and stepdaughter.