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Daughter is being taken advantage of (CRIMINAL LAW & PROCEDURE)

Sat, 10 Dec 2005 03:45:00 GMT

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? State of Wisconsin
I have a teenager that just had a baby and this was from a predator. She has struggled with the future so much that she worries how to provide for the child and I keep reinforcing her I am here to help.
She met a man who is 23, she is at the iffy age of 17 now. He is buying her things when she needs them and she really doesn't need that from anybody.
He challenged me when I said she couldn't go out to dinner with her.
I told him not to see her anymore. I told her not to see him anymore.
I just found out that she was with him and got caught drinking. I am extremely angry. She never drank before, but is now. He sneaks to pick her up.
I want to press charges against him because she is still under 18 and I am responsible for her still, and should be regardless of her being a mother.
I have to face what to do tomorrow morning. I want to press charges because he is taking advantage of her. I found out from her sister that she has a court date for this drinking situation and I am in shock, actually. She didn't tell me.
I don't know what's going to happen next, or what will happen with the baby. I would gladly take custody, but I am so unsure as to what is possible in this situation. I even told the small taxi company that picked her up that she couldn't go in their taxi and they came back when I was busy in my shop. I looked out and it was the same cabbie driver.
Does anybody have knowledge whether I can press charges? I am going to place her in counseling also. Thank you.

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  • Comments
  • Sat, 10 Dec 2005 11:59:00 GMT(1)
  • Quote:

    Originally Posted by Destiny 2

    Wisconsin
    BelizeBreeze: This is not the father. The father has been charged with sex with a child. She believes in right to life and has a child from the rape.

    RAPE? Where in any of this did you say rape? Surely not in the statutes.

    Quote:

    This is another man who sees her anxieties and is playing on them to sleep with her. I found out he's 23, told me that he was 18. Sneaks to pick her up, buys her diapers, or whatever she desires and gives her money. I can never catch who's she's with except one time I saw her get into his car with the baby.

    so? Even if they were having monkey sex on the front lawn the ONLY thing that can be done to THIS man is a TRO.

    I found out all information last night right before I presented this question. My daughter has many manifestations from the rape and having a child at such a young age, yet we were dealing with it progressively until she met up with this man and now she has become aggresively and unproportionally independent. This is not your usual "logical" brainer considering the state laws. Amazing how the age is 18 rightfully set, yet 17 they are supposedly all knowing and can handle it all. No, there are circumstances where it is honestly a child because they are not able to handle and control emotions and consequences from impulsive reactions and desperations.
    [/quuote]
    And you still do not have any legal grounds as a parent to do anything other than what I told you.

    Quote:

    Thank you for your advice though, did make me think circumspectively. I needed that kick.

    Finally

    Quote:

    Babystategirl: Thank you so much for that link. That is exactly what I needed, but as you can see there is a fine line and I think I will get a restraining order against him although I don't know his full name. But I found out he has been supplying alcohol to her and that is against the law. Therefore, there, from what I see on this post, if I don't file charges then I am responsible. I would rather know what to say and not to say when filing charges. I will read for an answer concerning influencing a child. I hope I find these answers before Monday. I want to make the move as to not jepordize the custody of the child, any extreme consequences for my daughters charges because she obviously cannot take much more watching her aggresive reactions that is not typically her, or backlashes to my responsibility. I am truley sad and admitting to feeling some anxiety.
    By the way, she turned 17 in June, seven days after she had the baby.

    TRO
  • Sat, 10 Dec 2005 08:15:00 GMT(2)
  • First of all, what makes you think he's a 'preditor'?
    Second, she is old enough legally, to decide with whom she sleeps.
    Third, yes, you can get a Restraining Order against him but, frankly, it won't solve anything since when she turns 18 she will have the right to tell you to kiss her butt.
    As for the baby, if it is his, he has all the rights and responsibilities that any father has and you have none.
    Now, since he seems to be stepping up to the plate as far as responsibility for the child, don't you think it's time to readjust your attitude towards your daughter?
  • Sat, 10 Dec 2005 13:19:00 GMT(3)
  • Was the father of her child ever prosecuted for the rape? If no, why not?
  • Sat, 10 Dec 2005 11:38:00 GMT(4)
  • Wisconsin
    BelizeBreeze: This is not the father. The father has been charged with sex with a child. She believes in right to life and has a child from the rape.
    This is another man who sees her anxieties and is playing on them to sleep with her. I found out he's 23, told me that he was 18. Sneaks to pick her up, buys her diapers, or whatever she desires and gives her money. I can never catch who's she's with except one time I saw her get into his car with the baby.
    I found out all information last night right before I presented this question. My daughter has many manifestations from the rape and having a child at such a young age, yet we were dealing with it progressively until she met up with this man and now she has become aggresively and unproportionally independent. This is not your usual "logical" brainer considering the state laws. Amazing how the age is 18 rightfully set, yet 17 they are supposedly all knowing and can handle it all. No, there are circumstances where it is honestly a child because they are not able to handle and control emotions and consequences from impulsive reactions and desperations.
    Thank you for your advice though, did make me think circumspectively. I needed that kick.
    Babystategirl: Thank you so much for that link. That is exactly what I needed, but as you can see there is a fine line and I think I will get a restraining order against him although I don't know his full name. But I found out he has been supplying alcohol to her and that is against the law. Therefore, there, from what I see on this post, if I don't file charges then I am responsible. I would rather know what to say and not to say when filing charges. I will read for an answer concerning influencing a child. I hope I find these answers before Monday. I want to make the move as to not jepordize the custody of the child, any extreme consequences for my daughters charges because she obviously cannot take much more watching her aggresive reactions that is not typically her, or backlashes to my responsibility. I am truley sad and admitting to feeling some anxiety.
    By the way, she turned 17 in June, seven days after she had the baby.
  • Sat, 10 Dec 2005 09:17:00 GMT(5)
  • Quote:

    Originally Posted by Destiny02

    What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? State of Wisconsin
    I have a teenager that just had a baby and this was from a predator. She has struggled with the future so much that she worries how to provide for the child and I keep reinforcing her I am here to help.
    She met a man who is 23, she is at the iffy age of 17 now. He is buying her things when she needs them and she really doesn't need that from anybody.
    He challenged me when I said she couldn't go out to dinner with her.
    I told him not to see her anymore. I told her not to see him anymore.
    I just found out that she was with him and got caught drinking. I am extremely angry. She never drank before, but is now. He sneaks to pick her up.
    I want to press charges against him because she is still under 18 and I am responsible for her still, and should be regardless of her being a mother.
    I have to face what to do tomorrow morning. I want to press charges because he is taking advantage of her. I found out from her sister that she has a court date for this drinking situation and I am in shock, actually. She didn't tell me.
    I don't know what's going to happen next, or what will happen with the baby. I would gladly take custody, but I am so unsure as to what is possible in this situation. I even told the small taxi company that picked her up that she couldn't go in their taxi and they came back when I was busy in my shop. I looked out and it was the same cabbie driver.
    Does anybody have knowledge whether I can press charges? I am going to place her in counseling also. Thank you.

    When did your daughter turn 17?
    this link may help you....
    http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=103600&infobase=stats.nfo&jump=ch.%20948
  • Sat, 10 Dec 2005 12:41:00 GMT(6)
  • Form Wisconsin statutes:
    125.07(1)(a)1
    1. No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
    125.07(1)(a)3.
    3. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control. This subdivision does not apply to alcohol beverages used exclusively as part of a religious service.
    125.07(1)(a)4
    4. No adult may intentionally encourage or contribute to a violation of sub. (4) (a) or (b).
    125.07(1)(b)
    (b) Penalties.
    125.07(1)(b)1.
    1. In this paragraph, "violation" means a violation of this subsection or of a local ordinance that strictly conforms to par. (a) if the violation results in an imposition of a forfeiture or a conviction. For purposes of determining previous violations under subd. 2., the 30-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time all those violations shall be counted as one violation.
    125.07(1)(b)2.
    2. A person who commits a violation may be:
    125.07(1)(b)2.a.
    a. Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
    125.07(1)(b)2.b.
    b. Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
    125.07(1)(b)2.c.
    c. Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
    125.07(1)(b)2.d.
    d. Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
    125.07(1)(b)3.
    3. A court shall suspend any license or permit issued under this chapter to a person for:
    125.07(1)(b)3.a.
    a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
    125.07(1)(b)3.b.
    b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or
    125.07(1)(b)3.c.
    c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 other violations.
    125.07(1)(b)4.
    4. The court shall promptly mail notice of a suspension under this paragraph to the department and to the clerk of each municipality which has issued a license or permit to the person
    125.07(1)(b)5.
    5. A person who holds a Class "A" license, a Class "B" license or permit, a "Class A" license or a "Class B" license or permit who commits a violation is subject to subd. 3. but is not subject to subd. 2. or s. 125.11.
    125.07(1)(b)6.
    6. Only one penalty may be imposed under this paragraph for each underage person who is provided alcohol beverages contrary to this section or a local ordinance in conformity with this section.
  • Sat, 10 Dec 2005 09:32:00 GMT(7)
  • And while you're at it, check out paragraph 3 of the crimes against children.
    948. 2(3)
    (3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
    Sure, you can file charges against the 'preditor'. ANd then find yourself in jail also.
    Now, answer the questions posted.
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