Legal Question in Criminal Law in Tennessee

how do we protect our children?

My sister walked in her house to find our 40 year old brother-in-law naked, on top of her naked 14 year old daughter. She took her to the hospital for a rape kit and the man went to jail but was only charged with failure to register as a sex offender. My sister has talked to everyone she can and they say unless the child talks there is nothing they can do. Is this true? The child refuses to talk to anyone. Is there any way to stop this man from taking advantage of children? They only held him for 30 days for not registering. It seems like there should be a law to help us protect our children from grown men. It might be different if it was a 16 year old boy, but this man has convinced this child that no one loves her but him and he knows what is best for her. He has a little girl with his wife and the 14 year old is preganet. Can we have a dna test when the child is born without the consent of the 14 year old? and if the child does belong to the man, can he be charged then?


Asked on 8/23/05, 6:57 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: how do we protect our children?

Yes, the 14 year old's parents could force a DNA test after a child is born, by filing a petition in Juvenile Court to legitimate the child, and if the child is his you could then press for charges of statutory rape and contributing to the delinquency of a minor even if the girl never speaks another word in her life and refuses to testify. The parents also could file suit against the guy for his conduct. There ARE things you can do, if you are willing to force the issue and have an attorney to help.

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Answered on 8/27/05, 1:24 pm


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