Sex Crimes, Sex Offenders statutory rape

[justme3333]

I have a HUGE problem, not sure how to handle it:
My daughter is 15 and in a hospital for treatment for being a runaway, sexually permiscuous, troublemaking, etc.... Recently it came out that she and my son (her half-brother, age 19 now) have had some sexual contact in the past. These two were not raised in the same home, but have seen each other on weekend visits all of their lives. The sexual contact involves, touching, petting, possibly oral sex. They did NOT have intercourse. My daughter has said SHE was the "instigator" of the sexual contact, and my son did not stop her. My daughter was 13-14 when this happened, my son was 18-19.

The hospital she is in had to report this, and now the seargent/ detective is looking to speak to my son. It is under investigation. Incest is a crime in Kansas, and I am worried he will now be charged with aggrivated criminal incest, aggrivated criminal sodomy, and/or aggrivated criminal indecent liberties with a minor. (I looked these up in the www)
Although this whole thing is extremely devistating to our family, and we all realize these kids need therapy and help to deal with this, I personally do not think my son should be charged with a crime.
We can not afford a lawyer, he would have to use the court appointed lawyer IF he is charged.

My questions:
1. How likely is it that the DA will press charges?
2. Does my daughter HAVE to testify against her brother? Can she refuse to speak? (there are written reports that have been made about what she has said, but can she refuse to testify or speak any further?)
3. Can I ask my daughter not to testify against her brother, or will I get an obstruction of justice charge, or tampering w/ a witness?

This is where I am going with this, if my daughter refuses to speak, and my son denies everything, is there even a case??
**Please note: I am usually not one to tell my kids to "deny" or "keep quiet", but in a circumstance like this I really do not think my son will get help he needs in prison. He needs therapy, and counseling, not prison. My daughter said this first, an I agree with her.
She is getting help with this now, and has no ill feelings toward my son, she does not want him to be prosecuted for a crime.
Anyone have any advice on what I should do?

 

[NYClex]

This is tricky. Now I have not researched the law of Kansas on this, but this I can say generally:

1. It depends on the DA. He will surely first look at how strong a case he has, this is where the willingness to testify may matter.

2. If she is called as a witness she most probably has to testify. There usually is no privilege not to testify in sexual and family matters. Since she is seen as the victim she most probably also cannot refuse to testify on grounds of self-incrimination. She might want to consult an attorney about all this.

3. You are not allowed to tamper with witnesses, that is a crime and might get you into trouble.


Practically, however, a DA might not be thrilled with the prospect of an unwilling main witness. So that surely should at least give the son some bargaining power here. he needs to get a lawyer and discuss all this with him or her.

 

[justme3333]

Can you tell me, if my son is charged and he pleeds not guilty to all charges, but gets convicted anyway, how likely is it that he will do jail/ prison time? He has a previous drug conviction from 1 yr ago. nothing else.

And if he pleeds guilty, could he aviod jail time?

Can my son ask for a plee bargain, or does the DA have to request that?

Thanks!

 

[NYClex]

I cannot tell you because this really depends a lot on local attitudes and custom and of course on the individual circumstances. This what his attorney needs to evaluate.

 

[freedomfighter4]

Intrigued by your case

What ever happened?

Inquiring minds want to know!!!