This post is locked. You won't be able to comment.

2462
2463

FL: My schizophrenic neighbor has over 30 times accused my 9 year old nephew (who I’ve adopted) of raping her and fathering her 20 year old son. He’s been taken twice by CPS (and then returned) and interviewed by police over 12. The cops won’t stop her because she hasn’t harmed herself or others (self.legaladvice)

feduplegaladvice が 投稿

上位 200 件のコメント全て表示する 312
並べ替え:
ベスト
トップ新着論争中古い順Q&A

[–]thepatmanQuality Contributor[M] [スコア非表示] stickied comment (0子コメント)

Locked due to excessive off-topic and illegal advice.

[–]SarahBob27 400ポイント401ポイント  (7子コメント)

Attorney that specializes in Mental Health law: FL has a provision which also allows civil commitments if the person is unable to adequately protect him or herself in the community, see: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0394/Sections/0394.467.html. Cops hate to commit under this provision, push them to do so and they will. It seems pretty clear that she cannot adequately protect herself is she is alleging that a child raped her. If that fails, call your states Department of Mental health and file a report of concern. Contact the son and tell him that something needs to be done or you will have her assessed and request that a guardian be appointed by the state and then a lawyer will make all her decisions for her, in my experience, this usually gets a lazy family to care. Look for mobile crisis intervention in your area, if you can't locate one, contact the nearest mental health hospital and ask them to recommend someone.

Please feel free to message me if you need help, I'm in MA but I will do what I can to steer you in the right direction.

[–]feeltogrip 106ポイント107ポイント  (0子コメント)

This. Also, you will likely be able to get an injunction to stop her from making the same false report. An injunction is an order from the court to keep someone from doing something. A restraining order is a type of injunction. Given that you have a minor to protect I would expect the court to be inclined to issue an injunction. Of course, you would have to talk to a lawyer or legal aid organization in your local area.

Sources: I am a lawyer (CA), but not your lawyer and not knowledgeable in Florida law or procedure. Google also confirmed that Florida courts may issue injunctions, as expected.

P.S. - please take suggestions from strangers on the internet who may or may not know the law, your particular state's legal system, or even live in the country, with a huge grain of salt. Please find someone locally to help you. If you can find a legal aid group, they may be able to help you at a reduced or no cost. Otherwise, and if you can afford it, you may want to bite the bullet and speak with a local attorney to see what your options are. Kthxbai

[–]SarahBob27 18ポイント19ポイント  (0子コメント)

Your state's DMH: http://www.myflfamilies.com/service-programs/mental-health/adult-mental-health

[–]SnDMommy 6ポイント7ポイント  (1子コメント)

The problem is the lack of 'substantial likelihood of serious bodily harm in the near future', sadly. But I do agree that a call to DMH would be a good thing to do no matter what.

[–]SarahBob27 1ポイント2ポイント  (0子コメント)

She genuinely believes that she was raped, she has made the case herself.

[–]Zezu 18ポイント19ポイント  (0子コメント)

This should be the highest rated comment.

Sick of seeing comments in here that only talk about what the police "should do", base on what they consider common sense.

[–]ElolvastamEzt 0ポイント1ポイント  (0子コメント)

Great response. It's a shame to have to dig so deep into the thread to find actual, quality, legal advice.

[–]woundedjunker 0ポイント1ポイント  (0子コメント)

Is there a similar provision in New Hampshire? my parents are (coincidentally) in an almost identical situation to OP.

[–]expatinpaQuality Contributor 1107ポイント1108ポイント  (56子コメント)

It's not right that you should have to but: have you considered moving? Because this can't be good for your son and you sometimes have to take the pragmatic approach.

[–]zuuzuu 405ポイント406ポイント  (5子コメント)

I hate situations like this. You want to be able to tell people there's a better solution than uprooting their lives and moving away, but sometimes that's the best, most practical thing you can do. It certainly is in this case.

[–]fluxcat 56ポイント57ポイント  (5子コメント)

Do you ever see someone from her family? Or do they have a roommate? There is a psychiatric service called assisted outpatient treatment (AOT) that can be petitioned for people suffering from mental illness by a family member, someone who lives with them, or a doctor. Basically it's mandatory treatment, but they send a doctor out instead of forcibly confining that person to a mental hospital.

AOT has easier requirements than committing someone, in that they only need to make a threat to do harm to another or themselves, and their condition appears to be worsening without treatment. The exact requirements for a person to qualify may vary from state to state, city to city, but I believe this is the case for NY (Kendra's law) and LA (Laura's law).

http://bi.omh.ny.gov/aot/about?p=kendras-law http://file.lacounty.gov/dmh/cms1_242332.pdf

Not sure if you can find a qualified and understanding petitioner, but just thought I'd throw that out there. Obviously not your responsibility, but I think more people should be aware of this. Even if you can find a petitioner, it's a long road and you might want to consider moving as previous poster advised.

I'm not an expert on this, but I have petitioned someone for this and they called me back. Appointments were made so I'm hoping for the best.

[–]SnDMommy 11ポイント12ポイント  (3子コメント)

In Florida it's called the Baker Act, and it requires violence in the manner of immediate physical harm to themselves or another person: http://www.treatmentadvocacycenter.org/storage/documents/AOT_pamphlet_Seminole_County_FL.pdf

[–]AZ2 4ポイント5ポイント  (2子コメント)

No, violence is not required. An ex was Baker Acted dozens of times after her developed a mental illness.

He was Baker Acted when he was eating partially cooked ground beef, glass and growling at the dogs. He was Baker Acted when he partially disemboweled himself via his stoma. He was Baker Acted when he would only respond to the police via the remote control to an old iMac. He wasn't violent and was Baker Acted dozens and dozens of times.

[–]PantsuitNixon 28ポイント29ポイント  (1子コメント)

Violence to yourself (eating glass, for example) is violence.

[–]RedJellyAnt 14ポイント15ポイント  (0子コメント)

So is using an iMac

[–]Ermahgerd_Rerdert 2ポイント3ポイント  (0子コメント)

Thanks for posting this, I really wish I knew about this earlier and I hope more people become aware of this. Recently had a neighbor die in her home alone after she repeatedly refused help from family members, etc.

[–]yalpdrow 124ポイント125ポイント  (33子コメント)

sometimes have to take the pragmatic approach

1000x this. This situation is stressful enough as it is. It would be very draining on you, I'm sure, to get a lawyer involved and escalate things between you and your neighbor's family, not to mention paying for the lawyer in the first place.

Now, I'm no expert when it comes to interacting with the police or CPS, but maybe you could notify someone higher-up in both CPS and the police of these on-going, false, and harassing reports so they don't continue to interview and take your son? Or, am i mistaken in thinking that they are not altogether aware, and its just procedure for both CPS and the police to continue to intervene at this point?

[–]EarthBoundMisfitEye 32ポイント33ポイント  (0子コメント)

I really dont understand why no one close to this situation understands what schizophrenia is and why they are not doing math and realizing its "crazy" to assume a 9 year old is doing what she says (fathering a 20 yr old, much less rape in itself) That the cops dont hold the records and then act like there is something to investigate sort of doesnt make sense.

[–]CivilianConsumer 26ポイント27ポイント  (30子コメント)

Maybe sue the family for libel?

[–]rbt321 29ポイント30ポイント  (3子コメント)

If they're actually schizophrenic this may start an all-out war.

Had a schizophrenic neighbour. Cops were at our place twice a year to deal with complaints from them. We reported a real one partly as retaliation but mostly because 4am is far too early to be waking up on a daily basis and talks with them shifted the time they let the dogs out earlier rather than later (too many dogs as a result of puppies which they didn't/couldn't sell who grew into adults; they had 5 adult dogs and bylaws allow 2 dogs only).

This escalated things; they not only sued us but tried to take down the city too. The whole thing ended about 6 years later with them losing their house to their lawyer to cover legal fees.

[–]saztak 11ポイント12ポイント  (0子コメント)

what a sad and terrible situation all around.

[–]lavahot 5ポイント6ポイント  (0子コメント)

Well, is the lawyer a nice neighbor?

[–]BellRd 2ポイント3ポイント  (0子コメント)

Well, that's certainly a long-view approach to the matter at hand!

[–]insomniaworkstoo 13ポイント14ポイント  (19子コメント)

Is that slander or libel? I would think slander but I've never been entirely clear on the differentiation

[–]duckshoe2 23ポイント24ポイント  (13子コメント)

Libel is in print/media. Slander is spoken.

[–]WiBorg 22ポイント23ポイント  (4子コメント)

The easy way I was taught to remember, "Libel = Literary, Slander = Speech."

[–]RainbowPhoenixGirl 13ポイント14ポイント  (0子コメント)

"His listed literature of libel spoke salacious slander"

[–]anonymous1Quality Contributor 7ポイント8ポイント  (0子コメント)

I was taught by pronunciation. Libel pronounced like l-eye-ball. So it's something you see. And slander sorta sounds like sland-ear so it is something you hear.

コメントをもっと表示する (2 返事)

    [–]insomniaworkstoo 25ポイント26ポイント  (6子コメント)

    The only way I've ever remembered it was when my first roommate called me (verbally) a slut and I exclaimed to my mother that it was slander. She said to me, "It only qualifies as slander if what she said was untrue."

    [–]Oh_dear_ 9ポイント10ポイント  (0子コメント)

    I live in Thailand, and here truth is not a defence. Cause trouble for someone rich and they'll sue you for either libel or slander. Andy Hall, a human rights/workers rights bloke who brought a lot of attention to fair dinkum slavery in the seafood industry did a report for some group in Finland on fruit - pineapples I think. He was sentenced this week (suspend) with a fine more than most Thai's would earn in a year. No juries here either, judge hears the case and gives his verdict.

    [–]ArgonGryphon 13ポイント14ポイント  (0子コメント)

    Damn, your mom's mean.

    [–]naedangerdavey 2ポイント3ポイント  (0子コメント)

    I love using that one on people

    [–]Lonely_Kobold 0ポイント1ポイント  (0子コメント)

    Ouch

    [–]Indigent_Moron 0ポイント1ポイント  (0子コメント)

    Mom is a lawyer?

    コメントをもっと表示する (1 返事)

      [–]0theHumanity 1ポイント2ポイント  (0子コメント)

      Slander has to be a believable lie. No one believes a 9 year old rapes. Or reproduces offspring older than him

      [–]loveableterror 6ポイント7ポイント  (1子コメント)

      I always J.J. Simmons from the first Spiderman "Its opinion I can say what ever I want, and in print its libel!"

      [–]binkerfluid 0ポイント1ポイント  (0子コメント)

      I thought he said, "I resent that...slander is spoken, in print its libel!"

      or something like that

      コメントをもっと表示する (3 返事)

        [–]bannana 18ポイント19ポイント  (0子コメント)

        If this is the US not much will happen.

        [–]wonderful_wonton 6ポイント7ポイント  (0子コメント)

        I think a restraining order is more helpful in terms of preventing the police or CPS from acting on a complaint from the neighbor. Regardless of the cause, the false accusations have created a record of life-disrupting harassment that is harmful for the family and the child.

        Having a restraining order means the neighbor's complaints can be viewed as a pattern of harassment (regardless of the reason). So no one has to act on them unless the neighbor comes forward with enough evidence of rape or fatherhood to have the restraining order overturned (which won't happen).

        [–]fuzzypyrocat 1ポイント2ポイント  (0子コメント)

        I'd say sue for false accusation. Maybe defamation

        コメントをもっと表示する (3 返事)

          [–]james1234cb 3ポイント4ポイント  (0子コメント)

          Maybe apply for a peace bond....but from my knowledge a peace bond won't stop with mental problems. Moving might be your best option.

          [–]qwertyaccess 18ポイント19ポイント  (0子コメント)

          This might be the only thing you can do, it's maddening I would go insane if I had to deal with this sort of situation. It's apparently OK for the neighbor be insane and disrupt another person's life and cause unbelievable amounts of stress yet you can't stop it. I'd lose years of my life if I had to deal with such a situation. What do you do? Call 911 saying the neighbor is a danger to the nephew? Ridiculous.

          [–]JHoward777 1ポイント2ポイント  (0子コメント)

          That or put a restraining order on the neighbor.

          [–]yooper1320 2ポイント3ポイント  (0子コメント)

          "When in doubt, keep them out"

          [–]VioletApple 2ポイント3ポイント  (0子コメント)

          Sometimes you just have to pick your fights

          コメントをもっと表示する (6 返事)

            [–]abcdefghjlm 330ポイント331ポイント  (63子コメント)

            Not a lawyer. Can you get a restraining order or file harassment charges?

            [–]feduplegaladvice[S] 335ポイント336ポイント  (61子コメント)

            The police say it's not illegal to report a crime that she believes happened. I attempted to get a restraining order but it was not granted because she is mentally ill. But even though she is mentally ill they can't hospitalize or commit her I am told because she has not harmed herself or anyone else or made any threats to.

            [–]retroverted_uterus 489ポイント490ポイント  (15子コメント)

            Call adult protective services. It's not healthy for her to live under this fear and clearly she's unable to function in the real world without guidance and also super unhealthy for you and your family.

            [–]califuckyou 128ポイント129ポイント  (13子コメント)

            OP can phrase it as "I'm worried she'll accuse a less level headed person's kid of this and get herself killed when they assume she's been molesting their kid".

            [–]TheShadowKick 246ポイント247ポイント  (11子コメント)

            That sounds like a terrible way to phrase it.

            [–]Coopering 25ポイント26ポイント  (10子コメント)

            That sounds like a terrible way to phrase it.

            What do you suggest, /u/TheShadowKick?

            [–]GET_ON_THE_BANTERBUS 72ポイント73ポイント  (4子コメント)

            "She is being a proper wanker"

            [–]dsac 21ポイント22ポイント  (2子コメント)

            In America, the only reply that'll get is "huh?"

            [–]RedJellyAnt 0ポイント1ポイント  (0子コメント)

            GOOD point

            [–]Exaskryz 22ポイント23ポイント  (1子コメント)

            Not him, but I suggest this:

            "I'm worried that there are other gross delusions she is experiencing that may be impacting her safety or those around her."

            [–]Coopering 2ポイント3ポイント  (0子コメント)

            I agree. That's a comment that improves the thread.

            コメントをもっと表示する (3 返事)

              [–]jae_bea 8ポイント9ポイント  (0子コメント)

              Coming in late to the game, but this is ABSOLUTELY the way to phrase it, because it's correct. As a caseworker for people with mental illness, it's rare that I'm concerned for the people my participants interact with. My concern is that they'll say the wrong thing to the wrong person and get themselves killed. If OP moves or an injunction is put into the place, it's possible that the person she's accusing will be far less compassionate than OP has been, and then it might be too late for her to be evaluated.

              コメントをもっと表示する (1 返事)

                [–]Dropout_Kitchen 172ポイント173ポイント  (0子コメント)

                A restraining order is not just for things that are crime related. Many jurisdictions also have what is called a "peace order" (or something like that) that works for any sort of continued harassment

                [–]enantiomorphs 56ポイント57ポイント  (0子コメント)

                Go to a lawyer, cops do not give very good legal advice.

                [–]cypherreddit 252ポイント253ポイント  (4子コメント)

                I am told because she has not harmed herself or anyone else or made any threats to.

                If I was living next door to my rapist and I called the police over 30 times, trying different officers even different police departments, made hospital visits and still no one took me seriously, at some point I would be at my breaking point. This might be me putting myself out of my misery or killing my rapist, maybe just burn their house down, or maybe something else.

                You are living next door to someone that lives in a different reality, they are not rational nor predictable.

                [–]AvsJoe 138ポイント139ポイント  (1子コメント)

                You bring up a scary point. Looking at it from the neighbour's point of view, it's not unreasonable to imagine that she will escalate the situation further.

                [–]pinkpurpleblues 8ポイント9ポイント  (0子コメント)

                The law can't protect you from what may happen in the future. Cops, lawyers and doctors can only work with what has happened or is currently happening.

                [–]beowuff 4ポイント5ポイント  (0子コメント)

                As a rational person, you are right. Part of the issue here is that she is most likely no longer a rational person. She may not even know she's called the cops 30 times. Each time could be the first for her. We don't actually know her diagnosis. Schizophrenia can manifest in different ways. My Grandmother would think the TV was talking to her and telling her my Grandfather, who died when my Mom was 14, was flying into the airport. Take her to a park, and she'd think she knew all the people there, even though they were complete strangers. My sister would sing "Twinkle, Twinkle, Little Star" and she'd yell at my Mom "Why are you making her sing that song? What do you mean by telling me, 'Wonder what you are???'"

                My point being, she's not a rational person, so cannot be expected to act rationally. This would make me even more scared of her. She needs help, and is obviously not getting it. Personally, I'd get as far away from her as I could.

                コメントをもっと表示する (1 返事)

                  [–]StormtrooperP 102ポイント103ポイント  (4子コメント)

                  How is this not harming your nephew and his family? She's clearly inflicting emotional harm here and in my opinion it would be enough. Could you get it appealed and cite emotional harm?

                  [–]insomniaworkstoo 33ポイント34ポイント  (2子コメント)

                  In FL, the standard I believe is technically 'danger to self or others' so since the harm discussed isn't of a physical nature, unfortunately the emotional ramifications have little bearing on the situation

                  [–]IwantTHATonetoo 40ポイント41ポイント  (1子コメント)

                  Floridian. Can confirm. I have a very mentally unstable neighbor and, just last month, she went off the deep end over a period of time. I finally had had enough (pushed my 6 ft. privacy fence down, called my landlord and told them I was dealing drugs, called the police over things she hallucinated me doing while I was at work, etc. etc.). I filed for a restraining order and was denied because she wasn't physically harming me. The only thing I could do was file a police report for the fence, but even that belongs to my landlord so I was told I have standing to sue. This state completely sucks sometimes.

                  [–]dsac 9ポイント10ポイント  (0子コメント)

                  This state completely sucks sometimes.

                  sometimes?

                  [–]noossab 1ポイント2ポイント  (0子コメント)

                  First year in law school in FL so take with a grain of salt but we're doing a research project on negligent infliction of emotional distress (she's intending to call the police but I'd say that she is not intentionally trying to cause emotional harm) and Florida is one of just a few states that still use the impact rule, which is a bit dated from when courts first started allowing emotional distress cases but were hesistant to "open the floodgates," so they ruled that you can only sue for emotional distress if the emotional harm was a direct result of a physical harm (an impact), or at the least that your emotional harm has developed physical symptoms (they have to be pretty severe problems). The only exception to the impact rule I know of is you have to first hand witness a close relative get killed or severely injured (like almost killed or lost limbs). I'm not giving advice and I don't really know anything else relevant to this matter, but I wanted to share how limiting the statute is for emotional distress is in Florida.

                  [–]tomato_paste 13ポイント14ポイント  (0子コメント)

                  Have you contacted a lawyer? Police won't know what is going on.

                  [–]faithle55 63ポイント64ポイント  (3子コメント)

                  This is ridiculous.

                  Having to deal with being removed by CPS and facing questioning by police - even if it is only at home - twelve times is not 'unharmed'. Are the police where you are so stupid that they think only actual wounds are harmful?

                  [–]TaichX 28ポイント29ポイント  (0子コメント)

                  It is where I live. If a person repeatedly reports false crimes, they can be held accountable. Get an attorney and file a restraining order.

                  [–]goeatyourselfFATTY 26ポイント27ポイント  (0子コメント)

                  Fuck. That. If she's too unwell mentally to be charged with filing a false report then she's too fucking crazy to have the same bullshit claim taken seriously over and over, not to mentiom dangerous enough to have a restraining order against her. Your local PD is a paragon of incompetence and a good attorney should have more than enough to make a winning case agaimst them.

                  [–]The_Original_Gronkie 5ポイント6ポイント  (0子コメント)

                  I would argue that her repeated harassment is harming your son.

                  [–]99problemslawyeris1 4ポイント5ポイント  (0子コメント)

                  How is randomly accusing a nine year old of rape not harm? I genuinely don't understand the logic. Can she prove that she believes the crime happened or disprove that she's doing the reporting maliciously and knowingly? Why can't they arrest her for filing a false police report?

                  [–]Choppin_Brokkoli 23ポイント24ポイント  (8子コメント)

                  The police say it's not illegal to report a crime that she believes happened.

                  But it is though.

                  False reports of commission of crimes (FLA. STAT. § 817.49)

                  No more than 1 year imprisonment; No more than $1,000 fine

                  [–]Tercept 31ポイント32ポイント  (1子コメント)

                  The problem is that the neighbor is ill and believes the crime has happened. This reads to prevent false reporting of fake crimes like prank calls.

                  [–]Choppin_Brokkoli 2ポイント3ポイント  (0子コメント)

                  After 30 reports is something it also protects against

                  [–]jgzman 2ポイント3ポイント  (4子コメント)

                  A "False Report" probably requires you to lie to the police, not just to be wrong.

                  [–]Choppin_Brokkoli 1ポイント2ポイント  (3子コメント)

                  Ok let me explain this to you since you seem to fail grasping it. This women is reporting that a 9 year old raped her and fathered her 20 year old son. That by definition of the law is a "false report".

                  [–]jgzman 0ポイント1ポイント  (1子コメント)

                  The police say it's not illegal to report a crime that she believes happened.

                  And she's apparently as crazy as a loon, and (according to the police, who, frankly, shouldn't be making this decision) she relives it happened. If I reported that George Bush was stealing my milk, and I was crazy enough to believe it, would that be a "false report?"

                  [–]WarKittyKat 0ポイント1ポイント  (0子コメント)

                  The trouble is legally a "false report" is only if someone knows it's a false report. If she's crazy and really thinks that a 9 year old raped her and fathered her 20 year old son, then it's not legally a false report. Stupid report, yes.

                  [–]circuitology 1ポイント2ポイント  (0子コメント)

                  Mens rea

                  コメントをもっと表示する (6 返事)

                    コメントをもっと表示する (1 返事)

                      [–]BabaOrly 149ポイント150ポイント  (15子コメント)

                      Have you talked to her son about this? And at some point, surely the cops would stop taking her seriously.

                      [–]cypherreddit 235ポイント236ポイント  (14子コメント)

                      as OP's son gets older, they will take the crazy woman more seriously.

                      [–]BlackHumor 49ポイント50ポイント  (7子コメント)

                      If she keeps accusing him of the same crime, it doesn't get any more possible.

                      [–]cypherreddit 78ポイント79ポイント  (6子コメント)

                      depends on what details she is giving

                      right now it is a bit unrealistic for a 9 year old to rape any adult, but what about when he becomes a teenager or older? Maybe someone new will be working on the case and not have the full background, maybe from a different department or government branch, or maybe it will be a civilian organization or the media.

                      [–]BlackHumor 59ポイント60ポイント  (5子コメント)

                      But accusing a 20 year old of having sired a 30 year old still isn't a possible thing.

                      [–]EntropicalResonance 95ポイント96ポイント  (2子コメント)

                      She may drop the fathered bit and youre left with an old lady claiming she was raped.

                      [–]BlackHumor 34ポイント35ポイント  (1子コメント)

                      If she's lucid enough to alter her case to make it look more plausible, she for one probably wouldn't have said the impossible bit in the first place, but more importantly that would be evidence of malice and make this potentially prosecutable.

                      [–]IwantTHATonetoo 5ポイント6ポイント  (0子コメント)

                      That is a very interesting interpretation and I really like it for this situation.

                      [–]cherylannmarie 11ポイント12ポイント  (1子コメント)

                      His nephew is 9 and she's accusing him of fathering her 20 year old. I don't know about these cops or CPS employees but this is pretty simple math. Clearly her allegations are ludicrous not to mention impossible so I don't understand why they are even bothering this young boy. Something doesn't seem right here.

                      [–]EarthBoundMisfitEye 4ポイント5ポイント  (0子コメント)

                      I totally agree- I cant see any sane cop following through as if they believe the nutter even a little. I understands crimes can happen against the mentally ill- but this is obviously crazy is as crazy does shit and that cps even entertained the idea it was remotely possible makes ZERO sense

                      [–]BabaOrly 12ポイント13ポイント  (3子コメント)

                      Her son will also get older and it will be just as impossible. But I feel like the son needs to know that his mom is not taking her meds or otherwise receiving he care she needs.

                      [–]MinisterOf 11ポイント12ポイント  (2子コメント)

                      She can come out with a different set of claims, which could end up being less obviously implausible, if only by accident.

                      [–]BabaOrly 2ポイント3ポイント  (1子コメント)

                      Sure she can. But a decade of accusing someone of rape starting when he was nine makes her less than believable.

                      [–]MinisterOf 3ポイント4ポイント  (0子コメント)

                      Less than believable means that he's unlikely to be convicted, but she'll still be able to drag him some distance through the system, and given the nature of the allegations, perhaps cost him a job or two.

                      コメントをもっと表示する (2 返事)

                        [–]promnesiac 62ポイント63ポイント  (1子コメント)

                        In a situation like this would calling APS be useful?

                        [–]bobby3eb 21ポイント22ポイント  (0子コメント)

                        if it'll eventually lead to civil commitment which is tough and may not change much. unless her home is unsafe in itself but the police would have called aps about thay

                        [–]FRE802 139ポイント140ポイント  (2子コメント)

                        I'm sorry. You're in a tough situation because CPS and the police have a duty to investigate to make sure your child isn't being abused, and because your neighbor isn't violent they are limited in they can do to stop her.

                        You might be able to get a restraining order against your neighbor, although I'm not confident you would qualify if she hasn't threatened or physically harmed you or your nephew. You might also want to talk to CPS and the police and make a record for them about what's going on. Talk to management, not just the front desk person. The police may also consider pursuing charges for making false statements. You can ask them about that. Another option might be hiring a lawyer - someone who specializes in family law preferably - to help you communicate with the various government agencies. Finally, is moving an option, even temporarily? It seems like this woman has fixated on your nephew so some time away might help.

                        [–]dimmidice 60ポイント61ポイント  (1子コメント)

                        I'm sorry. You're in a tough situation because CPS and the police have a duty to investigate to make sure your child isn't being abuse

                        You may have misread the title. The crime reported isn't the 9 year old being abused, it's the 9 year old doing the abusing.

                        [–]ferretface26 67ポイント68ポイント  (0子コメント)

                        But OP also said CPS had taken him twice (briefly). Even if the neighbour says he raped her, all CPS is hearing is 'adult and 9-yo had sex, we need to investigate'.

                        [–]CriminalMacabre 20ポイント21ポイント  (0子コメント)

                        harrasing a minor is pretty good grounds for a restraining order

                        [–]fallen243 130ポイント131ポイント  (8子コメント)

                        Fhave a lawyer send her a cease and desist then immediately file suit for defamation under florida's defamation per se law.

                        Also call adult protective services

                        [–]tomdarch 29ポイント30ポイント  (4子コメント)

                        Is there anything explicitly in the law regarding mentally ill people and defamation? You'd think that because crazy people say crazy stuff, it wouldn't make sense to hold them to the same standards regarding defamation as sane people.

                        [–]clabberton 31ポイント32ポイント  (0子コメント)

                        Most laws require you to knowingly spread false information, so if she truly believes it (because she's delusional) then it may not qualify.

                        [–]DeweyCheatamAndHowe 5ポイント6ポイント  (0子コメント)

                        insanity is not a defense to intentional torts such as defamation.

                        コメントをもっと表示する (2 返事)

                          [–]MismatchCrabFellatio 5ポイント6ポイント  (2子コメント)

                          What's that suit going to accomplish? If she is schizophrenic she probably lives on disability (can't be garnished?) and there's no way to get any money from her. It will probably just make the problem worse.

                          [–]GaryEarlJohnson 7ポイント8ポイント  (0子コメント)

                          Well if she can't pay the mortgage that will get her out eventually.

                          [–]fallen243 6ポイント7ポイント  (0子コメント)

                          The suit will force the issue of her mental health to the front, if she tries to use mental competency as a defense then you now have a determination of her mental health on the record, which you can take to APS.

                          [–]UPCI_Minister 73ポイント74ポイント  (1子コメント)

                          Social worker here. Former CPS worker, currently family crisis intervention specialist.

                          What state do you live in?

                          Also, how much are you willing to throw at this problem? You might wind up in a situation where it's more expensive to be right than it is to move.

                          EDIT: I just saw that you prefaced your post with "FL" I assume that means Florida. I have never worked in Florida before, but I would start with the department of mental health. State that she believes that she is living next door to a person who raped her and that she also has seen the police not do anything. You fear that she will become even more unstable. Get ready for a lot of short phone calls from people who are to busy putting out fires to deal with your potentially a problem in the future problem.

                          [–]sugarmagzz 1ポイント2ポイント  (0子コメント)

                          FL is the state postal code abbreviation for Florida, just FYI. Each U.S. state has one.

                          [–]akdong 59ポイント60ポイント  (6子コメント)

                          Not a lawyer and this isn't even advice, but if an adult is saying they had sex with a 9 year old, why isn't the adult being charged/investigated for pedophilia and statutory rape? Is it even possible for a 9 year old to legally rape an adult?

                          (I realize that a 9 year old fathering a 20 year old son is also impossible either way.)

                          If the two did happen to have sex, isn't the adult, even if schizophrenic, still the party at fault here?

                          [–]RegularSpaceJoe 29ポイント30ポイント  (0子コメント)

                          She's claiming she was raped, not that she willingly and knowingly had sex with him.

                          [–]UnluckyLuke 3ポイント4ポイント  (0子コメント)

                          If a 9 year old manages to overpower you with a weapon, or molests you while you're unconscious, I don't see how you could be blamed for raping them.

                          コメントをもっと表示する (4 返事)

                            [–]bluethreads 8ポイント9ポイント  (0子コメント)

                            I would also suggest the extra security of cameras around the entrance ways of your home. In this way, certain potential future accusations may be disproved.

                            [–]bone420 10ポイント11ポイント  (0子コメント)

                            How is this not harming the child? Can you not file charges for knowingly filing false charges against your child? At the very least this sounds like harrasment .

                            [–]VLXS 42ポイント43ポイント  (1子コメント)

                            9 year old's right to peace trumps schizophrenic adult's right to not take their pills. The police need to either fill her up with some good medicine or take her in custody or some shit.

                            [–]queenmab776 11ポイント12ポイント  (0子コメント)

                            I wish it were that easy. Having lived with a neighbor like this as a kid, I know it's not. Maybe the advent of cameras and being able to film the harassment will help people in this day and age. For us, the police would investigate that she was screaming out her Windows at us, but she wouldn't answer the door, and she would stop when they pulled up so they couldn't cite her. For us, ultimately consistent reporting that she would not cut her lawn got her a lien on her house from the township cutting it. The lien got her evicted, but she still walked, drove or even rode a bike to come back to our street.

                            [–]dani_bar 4ポイント5ポイント  (0子コメント)

                            You can file an Ex Parte with the courts. She'll likely be held only temporarily though. Which part of FL? There may be a mobile crisis team? Source: work at baker act receiving facility (involuntary commitment center) as therapist/supervisor.

                            [–]i_am_k 3ポイント4ポイント  (0子コメント)

                            The police say it's not unreasonable to imagine that she will become even more unstable.

                            [–]Username321123 2ポイント3ポイント  (0子コメント)

                            I wonder if you could get a reporter from the local newspaper interested in this story? I'd think your community would be outraged to learn how police are handling this.

                            [–]Walker_ID 4ポイント5ポイント  (0子コメント)

                            move. she is a danger to you and your nephew

                            she has fixated him in her delusions. it's a small step from accusing him of raping her to stabbing him in the backyard because a voice in her head told her to do it to stop him from raping her

                            [–]Eat_The_Muffin 8ポイント9ポイント  (4子コメント)

                            Why are the police even investigating a rape committed 20 years ago by a 9 year old?

                            [–]WyoVolunteer 10ポイント11ポイント  (0子コメント)

                            His name is John Conner.

                            [–]JustAnHuman 2ポイント3ポイント  (0子コメント)

                            Because common sense is dead?

                            [–]lkjhgfdsamnbvcx 0ポイント1ポイント  (0子コメント)

                            Obviously it's corruption.The kid's been paying the cops off the whole time.

                            [–]Happymack 0ポイント1ポイント  (0子コメント)

                            We can't tell the future dude we might have time machines

                            [–]Squeaky-work-account 2ポイント3ポイント  (0子コメント)

                            OP, how is this not harming your child? It's a pattern of sexual harassment against a child to my eyes, and a threat to his innocence. Can CPS help you to protect him?

                            [–]iokona 5ポイント6ポイント  (1子コメント)

                            How the hell can a 9 year old father a 20 year old in the first place?

                            [–]redminx17 15ポイント16ポイント  (0子コメント)

                            Obviously they can't, but the neighbour's not in her right mind so she believes it. At least it means the police can immediately see the lady is off her rocker & making accusations of the impossible.

                            [–]I_Murder_Pineapples 1ポイント2ポイント  (0子コメント)

                            OK, looks like you've tried the obvious things, and your nephew/son already has a serious history with CPS and police due to this woman's actions. You will need a private lawyer for this, and let me caution that this remedy is not for every time a neighbor meddles or pisses you off. But in this case, I would:

                            FILE A DEFAMATION ACTION. Or at least seriously propose one.

                            Your neighbor has zero basis for asserting that a nine-year-old fathered her 20-year-old son. That's the kind of baseless, patent lie that can succeed in a defamation action. You have actual damages, due to the reputational injury with the public and enforcement agencies. It's a cut and dried defamation case for a private figure.

                            So let me again point out that you need a lawyer, to handle the complexities which are substantial, and to sort out local law on insane people. And I'm not your lawyer. But this is basically how I'd do it, hypothetically:

                            • Draft up a civil claim for defamation, asking for substantial damages such as $3 million or more. Yes, obviously this woman has no money. And you don't want money. The damage claim is simply to underscore how serious this is.

                            • You may also be able to add a claim for malicious prosecution and/or abuse of process.

                            • In addition to asking for damages on the defamation/etc. claim, either in the same suit or a concurrently filed petition, depending on your local law, ask that a legal guardian be appointed to care for this woman. Yes, I know that you may not have the classic form of standing to do that. But both of these things, put together, will command the attention you need to shake local law enforcement and CPS out of its complacency. And there is a non-frivolous argument for standing - I've done similar ones before, not exactly like this, but if you're injured, the law gives you standing equitably, and a statute restricting who can ask that a guardian be appointed can't take that away.

                            • In conjunction with all three, consider making a report to Adult Protective Services. Yes, I know, normally CPS would pass information on from a situation like this. But no one is doing anything now.

                            Now let me say again, since I normally don't go into this kind of detail: I'm not your lawyer, and you should consult one with all the details. Depending on that advice, your lawyer will likely want to draft up a pre-suit letter and send it out to this woman, basically a cease-and-desist letter. Now again, she's crazy - everything that you're doing is basically a wake up call to other people who can fix this problem. But she may well cease and desist if she gets a convincing, well-crafted letter signed by a local attorney, usually with a clearly marked "DRAFT" complaint attached that you propose to file if you can't solve the problem pre-judicially.

                            [–]not2cr8iv 1ポイント2ポイント  (0子コメント)

                            But she IS harming others, specifically your adopted son, by inflicting this anguish on him. Sounds like she's harming you too.

                            [–]Endigi 4ポイント5ポイント  (0子コメント)

                            Hasn't harmed anyone? Yeah she's definitely harmed your son considerably. I was accused of rape when I was a preschooler totally fucked me up. I'm still afraid of women.

                            [–]shazbadam 4ポイント5ポイント  (2子コメント)

                            Why do you keep letting the police talk to your son? That seems like the first thing to do, is say no next time.

                            [–]OTipsey 8ポイント9ポイント  (0子コメント)

                            Given the situation, it's probably the easiest route since they have to investigate.

                            [–]magicdragonfly 1ポイント2ポイント  (0子コメント)

                            Why do you keep letting the police

                            Perhaps this is far too obvious, but because they have a badge and a gun and the power to arrest people.

                            [–]_coast_of_maine 0ポイント1ポイント  (0子コメント)

                            Restraining order?

                            [–]hurdsauce 0ポイント1ポイント  (0子コメント)

                            I would consider writing a letter to the District Attorney's office in your county advising asking it to charge her with filing a false police report or something like that. It's illegal to falsely accuse people of crimes.

                            [–][削除されました]  (1子コメント)

                            [removed]

                              [–]thepatmanQuality Contributor[M] 0ポイント1ポイント  (0子コメント)

                              Your post has been removed for the following reason(s):

                              Advocating Breaking the Law

                              • Any and all posts advocating breaking the law are subject to immediate removal. Users who post such advice are at risk of a summary ban. DO NOT ADVISE PEOPLE TO BREAK THE LAW, LIE UNDER OATH, OR OTHERWISE DO ILLEGAL THINGS.

                              If you feel this was in error, message the moderators.

                              [–][削除されました]  (1子コメント)

                              [removed]

                                [–]thepatmanQuality Contributor[M] 0ポイント1ポイント  (0子コメント)

                                Your post has been removed for the following reason(s):

                                Advocating Breaking the Law

                                • Any and all posts advocating breaking the law are subject to immediate removal. Users who post such advice are at risk of a summary ban. DO NOT ADVISE PEOPLE TO BREAK THE LAW, LIE UNDER OATH, OR OTHERWISE DO ILLEGAL THINGS.

                                If you feel this was in error, message the moderators.

                                [–]curiousowlkitten 0ポイント1ポイント  (0子コメント)

                                I do not find OP's story plausible at all.

                                Police are not going to interview a 9 year old twelve times for this, and CPS most certainly wouldn't remove the child. At most, this would have been investigated once, and subsequent complaints ignored.

                                OP is either exaggerating or outright lying for karma.

                                [–]shingdao 0ポイント1ポイント  (0子コメント)

                                As is always the case in these accounts, we're likely only getting a small portion of the whole story here. Even so, surely in the great state of Florida, local LE and CPS are able to ascertain fairly quickly that a 9 year old could not father a 20 yr old. The fact that LE has interviewed the boy on 12 separate occasions leads me to believe there is much more at play here that the neighbor's accusations.

                                [–]anthym29 0ポイント1ポイント  (0子コメント)

                                So what am I missing that CPS and the cops are treating the child like a criminal rather than dealing with the known schizophrenic? I understand interviewing the child once to be sure there is no substance to the claim but after a while they have to realize oh it's just the fucking schizophrenic making crazy claims again let's not continue to mar this poor kid by acting like that's not the case. I'm so sorry you're having to deal with this. I don't have any legal advice, but I hope you can find some good answers.

                                What does your nephew understand of all this? Surely it's got to be confusing for him.

                                [–][削除されました]  (2子コメント)

                                [removed]

                                  [–]Sammiesam123988 0ポイント1ポイント  (0子コメント)

                                  Okay, do NOT encourage that jesus fucking christ.

                                  [–]thepatmanQuality Contributor[M] 0ポイント1ポイント  (0子コメント)

                                  Your post has been removed for the following reason(s):

                                  Bad Advice

                                  • This post is being removed because it is, frankly speaking, bad legal advice. Either it is inapplicable for the jurisdiction in which OP resides, or misunderstands the fundamentals of the applicable legal issues.

                                  If you feel this was in error, message the moderators.

                                  コメントをもっと表示する (57 返事)