New York Criminal Lawyer Blog
A woman who was originally from the Dominican Republic had a son whom she left in the Dominican Republic when she migrated to the United States. She obtained permanent residence status when she married an American citizen with whom she had two other children.
A New York Criminal Lawyer said she was then able to send for her son from the Dominican Republic. He first stayed with his father’s relatives in Florida but later on he moved in with his mother at the house she shared with her American husband and their two children.
Sometime on December 31, 2007, the mother, the son and the stepfather attended a party where they all had quite a bit to drink. The son, who was then 14 years old drank rum at that party they attended. When they came home, the stepfather stayed in the living room to watch television.
The mother who was drunk was lying in bed, asleep. The 14-year old boy awakened his mother and asked to sleep next to her in their bed because he was afraid of the dark. The mother consented. The boy kissed his mother in the mouth. He took off her clothes and inserted his finger first into her anus and then later, he inserted his finger into her vagina. He then inserted his penis into her vagina and ejaculated there.
A New York Criminal Lawyer said it was then that the mother screamed and told her son to get out of the house. She and her husband got into the car and they were going to drive the 14 year old to the airport to send him back to his father’s relatives in Florida but the mother changed her mind and went instead to the police precinct where she filed charges of rape.
Since her son was a minor, the Child Services was notified. They conducted an investigation. The mother, the stepfather and the boy were all interviewed before trial. A New York Sex Crimes Lawyer said the mother was brought to the hospital for her to be examined and for a rape kit to be administered. She refused to submit herself to a physical examination to establish whether a rape did occur. The son was initially charged with sexual misconduct and sex abuse in the third degree. The charges were withdrawn.
Child Services filed petitions with the court for remand of all the minor children including the woman’s two children by her American husband. All children were placed at a diagnostic residential center for evaluation. The mother did not visit her 14 year old son even once at the residential center or even in a group home.
The court found that the 14 year old boy had sex with his mother who was heavily intoxicated but not unconscious at the time of the incident. A New York Drug Possession Lawyer said the court also found that the two minor children of the woman were also derivatively abused because they were present in the house when the abuse of their 14 year old stepbrother occurred. The two minor children were released to the custody of their birth father. The agreement was that the mother will submit herself to a mental health evaluation.
The only question before the trial court is whether or not the 14 year old boy raped his mother; or, if the mother sexually abused her son.
The woman testified at a fact-finding hearing that she was asleep when her son first kissed her. She did not stop him but she turned away from him. She said that her son kept kissing her but she did not stop him because she wanted to see how far he would go. She said that he mounted her and then took her pants off and pulled her panty aide. He then inserted his finger into her vagina and then his penis into her vagina. She said that she felt bad and she was shocked that her son did that to her.
The police officer testified that the respondent was taller than her son, she was 34 years old and she has told the officer that she never cried out or told her son to stop. She never said that the son threatened her or hurt her or any other family member. She never said she was afraid.
The Court held that the boy is a minor and he cannot give consent to any sexual act. Any adult who allows or encourages the child to engage in the sexual act is a criminal act.
The mother consented to the sexual act between her and her son because her son did not compel her by force and at the time, she was not incapacitated to give consent. The mother impliedly acquiesced to the sexual advances of her son. She did not stop him until he had satisfied himself. While it is true that there are victims of rape who submit to a sexual attack simply to preserve their lives, there is no such evidence here that the mother submitted to the sexual acts of her son because she felt threatened or in fear of her immediate death or serious injury to herself.
There was no evidence of an express threat or implied threat made by the boy against his mother. The mother did not ever show that she did not consent to the sexual acts of her son. She never told him to stop. She never screamed. She did not hit, punch, push or kick her son. She did not try to get away from him, she did not attempt to stand up from the bed.
It is clear that by allowing her son to have sex with her the mother sexually abused her son. The Court found that the mother is guilty of rape in the second degree of her son. Her other minor children are found to have been derivatively neglected.
Any adult who has sexual intercourse with a minor is guilty of rape and sexual misconduct because a minor cannot give consent to a sexual act. If your minor child is having sexual relations with an adult, you can file charges of rape or sexual misconduct against the adult. Speak to a King’s County Sex Crime lawyer who can inform you as to the evidence requirements of filing a case of rape where the victim is a minor. A King’s County Sex Crime Lawyer can help you gather evidence and present it before the Court. Call Stephen Bilkis and Associates today and ask to speak with any of their King’s County Sex Crime attorneys and protect a minor from sexual abuse today. The offices of Stephen Bilkis and Associates are conveniently located in King’s County and around the New York area.