Legal Question in Constitutional Law in Texas

my ex has in the past propositioned (really strongly), my niece ( when she was drunk & depressed), my next to oldest daughter (was druggy and no money) and now my oldest,she is a newly single mom and struggling to make it. Her father told her " you scratch my back and I'll scratch yours", and started telling her him and his wife don't do anything and continually calling her and he calls back with he thinks she's got wrong idea, he don't want blow job or intercourse, he just wants to pleasure her for a while. My daughter keeps telling him that he's her dad and he's sick and gross and then he tells her "Couldn't you just forget I'm your father for 1 hr.". She wants to legally do something, what can she do? their grown and I know but can't prove he's raped before and she's terrified, is it just a he said she said?


Asked on 10/16/12, 11:40 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

I'm not sure what you are asking.

However, you posted under the wrong area of the law - you posted under "constitutional law". You should have posted under "family" law.

She can go to the District Attorney's office and try to file a criminal charge of rape. I don't know if they would accept it since it would be her word against his since there is no "physical" evidence (such as a rape kit done by an emergency room at a hospital).

If your daughter has children of her own, then she needs to protect them from this man.

I would suggest counseling for all of your children.

If they are over the age of 18, none of them are required to have any contact with him by court order. If they are under the age of 18, then you can petition the court to modify the current court order.

I hope this information is helpful.

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Answered on 10/16/12, 1:18 pm


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