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Can I put my rapist brother back in jail?

by Anonymous
(Arizona, USA)




I was raped and sodomized from the time I was 4 until I was 12. The rapist was my brother. He recently got out of prison and moved in with my sister a block from me. We live in a small town, and I am afraid of what he might do to me while my husband is away. The guy was never charged with rape because my parent's refused to let me testify. They tell me all the time that they love him more than me, and it doesn't seem to matter what I do, that won't change, yet still I help them whenever I can. My brother admitted to this in a court room and I have debated on getting that judge to testify for me and put my brother back in jail. I'm worried about what will happen if my plan backfires. Any advice on what I should do?

Note from Darlene: My answer to this Ask Darlene question "Can I put my rapist brother back in jail?" can be found below.

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Can I put my rapist brother back in jail?

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Feb 14, 2008
I understand your fear...
by: Darlene Barriere - Webmaster

It's obvious that your family has chosen your brother over you. Your parents' betraying statements and your sister's actions (taking your offending brother in) all show this only too clearly. I sincerely hope you have a support system other than your family members. You definitely need that. And for goodness sake, if your parents consistently tell you that they love your brother more than they love you, walk away! You don't have to put up with that kind of crap! You're worth more than that!

As for your question, I do not know if there is a statute of limitations in the state of Arizona for child abuse and/or rape, so I do not know whether or not you even have the option of taking this to court. Also, the circumstances behind the original court case against your brother may prevent you from taking further action.

As for subpoenaing the judge in the original case, if going back to court on a charge of rape against your brother IS an option, it's possible that purchasing a copy of the transcript of the first court case will be enough to enter into evidence. But I'm not a lawyer, and therefore cannot offer legal advice. Contact an attorney to learn what your legal options are.

I hope you are either in, or have received, counselling for what your brother did to you. You need help sorting through all the emotional trauma of the sexual abuse, AND the abandonment issues with your parents.

Darlene Barriere
Violence & Abuse Prevention Educator
Author: On My Own Terms, A Memoir

Nov 26, 2009
Unspoken Secrets
by: Anonymous


I really understand what you are dealing with. My sister who is now 47 was sodimized and beaten for years by my brother, who also raped another female family member. This went on for years and nothing has been done about it to date. I atempted to have him put away through the courts the judge told me the information was to old yet the victims have a lot of mental and emotional issues. You know what the clincher is most family members know about this person and no one has tried to have him put away.

Dec 14, 2009
At a loss
by: Jill

I too was battered,beaten, sexually humilated in front of people and continually harrassed, from the age of 12-16 by my brother. (I then left home) At 12 he also tried to have sex with me, I refused and so the beatings began. I am now 42, and the moemories take over my life every now and agin. My mother tells me she knew nothing. She tells me I should try to forgive him so we can get on with our lives. She has told me that because I and my husband (who are in pain) are just too grumpy to spend Xmas with and so will spend it with my brother. While I struggle to make it through the day without crying, she tells me she needs a break, and leaves on holiday for a few days. This is the first letter I have read where a brother has abused there sister, and I understand how you feel. I too want my brother to pay for what he has done to me. I am at a loss. I dont know what to do. I dont want to sweep it all under the carpet again, like I always did. Just to please everyone else.

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