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Forum: Victims and Survivors Corner

Thread (Discussion): Wondering about charges attempted sex abuse3? - Hey I can sympathize with your confusion

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Message 133720
harrasment and attempted sex abuse 3


Posted by momofmany on May 15, 2004 03:05 AM | Also by momofmany
Gender: Female, Age Bracket: N/A, State: Oregon, Country: United States
My soon to be exhusband had began to have incredibly detailed sexual talk with my 13 year old daughter. He exposed himself to her, had his hand on himself at the time. He touched her breasts, buttocks, sucked her toes, begged her to put on clothing to show him her private areas. He told her about sexual toys, offering to show them to her.

His charges are only 2 counts harrassment, 2 count attempted sexual abuse.

I am in shock. We live in Oregon. I cant seem to find any information on these charges. I dont think he will even be a registered sex offender, which worries me. Can anybody tell me more about these particular charges?

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Message 133737 (In Reply to Message 133720)


Posted by stepmom on May 15, 2004 06:55 AM | Also by stepmom
Gender: Female, Age Bracket: N/A, State: N/A, Country: United States
In every state the laws are different. He should not be facing a charge of "attempted" sexual abuse, he should be looking at a sexual abuse charge. What he did to your daughter was definitely sexual abuse. He does not have to have intercourse with her for it to be considered sexual abuse. If you have an attorney, I would question them about that. He for sure needs to be a registered sex offender. My husbands crimes were very similar and he was put on probation for 10 years with a charge of sexual misconduct with a child. He is a registered sex offender as it should be. Hope that helps...

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Message 133748 (In Reply to Message 133720)
momofmany


Posted by orolan on May 15, 2004 02:48 PM | Also by orolan
Gender: Male, Age Bracket: N/A, State: N/A, Country: United States
Can anybody tell me more about these particular charges?

Hopefully I can help you out with some insight.

I'm not sure what the harrassment charges are, unless they fall under the definition of "stalking", which is common in some states.
The attempted sexual abuse charges most likely fall under ORS 163.427, Sexual Abuse in the 1st Degree, partially defined thus:
(1) A person commits the crime of sexual abuse in the first degree when that person:
(a) Subjects another person to sexual contact and:
(A) The victim is less than 14 years of age;
(B) The victim is subjected to forcible compulsion by the actor; or
(C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or


I have a hard time understanding the "attempted" part, because by your description he did in fact complete the crimes. The ORS defines "sexual contact" in this way:
“Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

Pretty obvious that sexual contact occurred. If it is possible for you to obtain the actual statute numbers he is charged with we could further clarify. As shown above, they always start with "ORS" or "O.R.S.".

Sexual abuse in the 1st, 2nd or 3rd degree is a registerable offense. More importantly, so is an "attempt" to commit sexual abuse. What you and your daughter have to be careful of is the District Attorney allowing a guilty plea to a non-registerable offense.

There are a few things you and your daughter need to know about Victim's Rights in Oregon. You and your daughter have the right to:
...receive, upon request, information about the defendant’s custody status, potential release from custody, criminal history, conviction and sentence.

...refuse an interview, deposition or other request for information by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant.

...be consulted, upon request, regarding plea negotiations involving a violent crime.
This is VERY important! Be sure you tell the District Attorney, in writing, that you MUST be consulted about plea negotiations.

...be present at, to be heard at, and upon specific request, to be informed in advance of any critical stage of the proceedings where the criminal defendant is present, including trial.


Sexual assault crimes are defined in Chapter 163 of the Oregon Revised Statutes. You can read them all here:
http://www.leg.state.or.us/ors/163.html
Sex offender registration is covered in Chapter 181, starting at around Section 585. It would look like this - 181.585. It would be found here:
http://www.leg.state.or.us/ors/181.html

My heart goes out to you and your daughter. If I can be of further assistance, feel free to ask.

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Message 133884 (In Reply to Message 133720)
Hey I can sympathize with your confusion


Posted by greatdad53 on May 17, 2004 02:38 AM | Also by greatdad53
Gender: Male, Age Bracket: N/A, State: Oklahoma, Country: United States
I would definitely talk to the DA. Ask him questions. You have the right to know, and to have the DA explain it to you. Be persistent!!! Dont give up, and pester the heck out of the DA.

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Thread


133720, momofmany, May 15, 2004 03:05 AM [harrasment and attempted sex abuse 3]
      133737, stepmom, May 15, 2004 06:55 AM
      133748, orolan, May 15, 2004 02:48 PM [momofmany]
      133884, greatdad53, May 17, 2004 02:38 AM [Hey I can sympathize with your confusion]
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