Can my sister be charged as an accessory or an accessory after the fact; what do to now?
September 20, 2010 5:37 PM Subscribe
My sister was close friends with someone who has been charged with something very bad; she possibly knew about it and didn't report it. Is she in trouble?
You are not my lawyer, nor my sisters, nor the defendants' nor as far as I know anyone's. I am simply looking for emergency advice.
My sister was close friends with a woman who has just been arrested on multiple felony counts of child sexual abuse (11-14 year olds). My sister cut off all contact with this woman shortly after she figured out what was going on.
That said, she was formerly very close to this woman (think: text messages, in person visits, phone calls, watching each other's children) right up until she found out what was going on.
She did not call the police or any mandatory reporter. That was very poor judgment on her part. She was IN NO WAY involved in the alleged activities. However, she knew about them (she was the one who informed the ex-husband), and she did not report them. She may have been physically present initially and for very short periods of time when the alleged activities began to unfold. To reiterate: she was utterly disgusted by this woman’s behavior and cut off contact with this woman right away, but she didn’t report it. As I presume the police have the suspect’s phone, my sister will be in it as a close contact for a period of time slightly overlapping overlapping the alleged incidents. Other witnesses if compelled will testify that the alleged perp and my sister were close friends prior to the incidents alleged.
I have called her, instructed her not to text or email me about this and told her under no circumstances is she to speak to the press (this may break nationally tonight or tomorrow) and definitely not to the police without a lawyer present. Unfortunately, she doesn’t have any money at all (and apparently less common sense), and I can’t arrange for one for her from NYC at such short notice. Two or three days from now I may be in better position to help.
However, I am nearly certain the DA will want someone to speak to my sister, possibly tomorrow EST. Any emergency advice welcome. Again, I know you are no one’s lawyer.
You are not my lawyer, nor my sisters, nor the defendants' nor as far as I know anyone's. I am simply looking for emergency advice.
My sister was close friends with a woman who has just been arrested on multiple felony counts of child sexual abuse (11-14 year olds). My sister cut off all contact with this woman shortly after she figured out what was going on.
That said, she was formerly very close to this woman (think: text messages, in person visits, phone calls, watching each other's children) right up until she found out what was going on.
She did not call the police or any mandatory reporter. That was very poor judgment on her part. She was IN NO WAY involved in the alleged activities. However, she knew about them (she was the one who informed the ex-husband), and she did not report them. She may have been physically present initially and for very short periods of time when the alleged activities began to unfold. To reiterate: she was utterly disgusted by this woman’s behavior and cut off contact with this woman right away, but she didn’t report it. As I presume the police have the suspect’s phone, my sister will be in it as a close contact for a period of time slightly overlapping overlapping the alleged incidents. Other witnesses if compelled will testify that the alleged perp and my sister were close friends prior to the incidents alleged.
I have called her, instructed her not to text or email me about this and told her under no circumstances is she to speak to the press (this may break nationally tonight or tomorrow) and definitely not to the police without a lawyer present. Unfortunately, she doesn’t have any money at all (and apparently less common sense), and I can’t arrange for one for her from NYC at such short notice. Two or three days from now I may be in better position to help.
However, I am nearly certain the DA will want someone to speak to my sister, possibly tomorrow EST. Any emergency advice welcome. Again, I know you are no one’s lawyer.
This post was deleted for the following reason: poster's request -- jessamyn
Ask the mods to delete this question. You clearly mean well, but you do not want this question to become an issue for your sister.
posted by Mavri at 5:45 PM on September 20, 2010
posted by Mavri at 5:45 PM on September 20, 2010
it would depend too much on where she is, what her job is, and what she actually knew. none of these are things you should answer in thread. her informing the exhusband is probably a point in her favor.
posted by nadawi at 5:46 PM on September 20, 2010
posted by nadawi at 5:46 PM on September 20, 2010
The details in this post do get a bit too specific. Woman that sexually abuses children in a particular age range...
But yes, she could be charged. Definitely. Depends on what the prosecutor wants. Convicted? Well... You have started a bit of a paper trail here.
posted by Rendus at 5:46 PM on September 20, 2010 [1 favorite]
But yes, she could be charged. Definitely. Depends on what the prosecutor wants. Convicted? Well... You have started a bit of a paper trail here.
posted by Rendus at 5:46 PM on September 20, 2010 [1 favorite]
It looks like some of this may depend on what state she is in. The wikipedia page on mandated reporting says "In many US states, mandatory reporting requirements apply to all people in the state. In other states, mandated reporting requirements generally apply to {goes on to list specific professionals who are required to report such things}"
You may be able to get a sense of where she stands by googling "[state this happened in] + "mandated reporter" or some variation of that to find that state's laws to see if mandated reporter laws apply to everyone there.
posted by needs more cowbell at 5:47 PM on September 20, 2010
You may be able to get a sense of where she stands by googling "[state this happened in] + "mandated reporter" or some variation of that to find that state's laws to see if mandated reporter laws apply to everyone there.
posted by needs more cowbell at 5:47 PM on September 20, 2010
I think you should ask to have this deleted and speak to a lawyer
posted by vincele at 9:43 PM on September 20
Have this post deleted right away.
posted by halogen at 9:44 PM on September 20
Thirding.
posted by MimeticHaHa at 5:48 PM on September 20, 2010
posted by vincele at 9:43 PM on September 20
Have this post deleted right away.
posted by halogen at 9:44 PM on September 20
Thirding.
posted by MimeticHaHa at 5:48 PM on September 20, 2010
Is your sister a teacher, doctor, or some other type of person who is legally required to report?
Did your sister lie to any authorities, lie by omission, or do anything else that would help the woman between finding out what had happened and the arrest?
If either of the above, then there could very well be problems for your sister.
How much time passed between when she learned of the abuse and the arrest. A couple of days--ok; a couple of months--not so much.
Either way, your sister was planning to turn the woman in all along, right? "Right"? She was just nervous and upset?
posted by phunniemee at 5:48 PM on September 20, 2010
Did your sister lie to any authorities, lie by omission, or do anything else that would help the woman between finding out what had happened and the arrest?
If either of the above, then there could very well be problems for your sister.
How much time passed between when she learned of the abuse and the arrest. A couple of days--ok; a couple of months--not so much.
Either way, your sister was planning to turn the woman in all along, right? "Right"? She was just nervous and upset?
posted by phunniemee at 5:48 PM on September 20, 2010
I know that you're freaking out, but the only person that can answer your questions correctly is someone that is trained in the law and has all the details. You obviously can't tell us the details, so this thread can serve no purpose.
posted by Rhomboid at 5:53 PM on September 20, 2010 [1 favorite]
posted by Rhomboid at 5:53 PM on September 20, 2010 [1 favorite]
This thread is closed to new comments.
posted by vincele at 5:43 PM on September 20, 2010