TDCAA Community
Corpus Delicti

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August 13, 2009, 09:28
John Greenwood
Corpus Delicti
Suspect masturbates in bed with his child and step-child on either side of him, thinking they are asleep. As he finishes, step-child wakes up and, fearing she may have seen him, he picks her up an moves her across himself to get her to watch TV. Thinking that she got semen on her, he tells her to change and washes clothing and bed sheets.

We know all this because a week later the suspect attempts suicide and in the midst of the attempt calls his wife describing the above as a reason for the attempt. He repeats the confession to his preacher and later gives a written statement to police. The children are interviewed at the CAC and describe getting into bed, but deny seeing anything unusual. No physical evidence is found.

I have a SCOTUS opinion that states the Federal Corpus Delicti rule applies to statements made "to an official charged with investigating the possibility of wrongdoing."

Am I worried about nothing or am I wasting my time even thinking about filing an indecency?
August 13, 2009, 09:43
jws
How old are the kids? Can you give it some time, maybe get the kids into therapy? Maybe they'll make an outcry if given enough time to get more comfortable with telling. Our CAC has an extended forensic program, particularly useful for very young children who maybe don't make an outcry at the initial interview.
August 13, 2009, 09:55
John Greenwood
4 and 7