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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

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