Are Our Children Safe From Rape in North Carolina

To All Who Will Listen,



MY name is RC from Leicester, NC. I am the stepfather of 2-15 year old twins, but they call me their Dad so I will use myself as that reference for the sake of simplicity. On 6-19-2002 my little girls life was shattered and will never be the same again. She went to one of her friends houses to visit with them like she sometimes does. The friends mother told us that she had to go to church, but the Aunt was at the house and would be with the kids until she returned, so we said OK and I took her over to the house. Shortly after I dropped her off the Mother left, but the Aunt never arrived and was not there when she had left like we were told. So her and her friend started playing on the computer while they waited. Her and her friend (Kristie) were playing on the computer when Kristie's boyfriend (Brandon) came and knocked on the door. She answered the door and let him and his friend (Chris) inside. My daughter went back to play on the computer since she did not know these people. Kristie and Brandon got into an argument about Kristie kissing another boy and Brandon called the boy up and threatened him. My daughter got up and went to the bathroom to use it and when she stepped out of the bathroom Kristie asked her if she would like to kiss Brandon, she said No. So Kristie grabbed her and pushed her into the bedroom where her boyfriend was and stood in front of the door where she could not get out and ask her if she would like to sleep with him, my daughter said no and turned to leave. Kristie said you are Brandon's Anniversary present from me.

When my daughter tried to leave the room Kristie would not let her out. Brandon grabbed her pushed her down on the bed pulled off her pants and underwear, and then he got undressed and got on top of her and held her down. While he touched her and kissed her on her upper body and mouth. Then he pushed her legs apart and forced his way into her. Kristie had gone out to the kitchen to cook dinner for them once he had grabbed her and threw her on the bed. She cried out to him many times NO--STOP-- I don't want this let me go. He ignored her and continued to do as he wished. Once he was through with her he let her go and she grabbed her clothes and ran out of the room and into the bathroom with the phone and tried to call us, but I was on my way to pick her up at 8:00 pm as I said I would. So she called a friend of hers to tell them what had happened to her. She then hung up the phone and started for the door to meet me as we planned. Kristie called to her and asked her if she enjoyed that, my daughter just looked at her with tears in her eyes and walked out the door as I was coming to get her. I asked what was wrong and she just said, "Please take me home Dad I want to get out of here." I asked her again what was wrong and she asked again, "Please take me home I want to leave here."

On the way home she was quiet and I told her that I had to unload a few tools in the shed before we went home and I asked her if that was OK. She said yes. When I was unloading the tools she asked me, "Dad what is Rape". I said what did you say, and she repeated it again. I told her that it was when someone forced you to have sex against your will under any circumstances. She then told me that she had just been Raped. I asked her by whom, and she said Brandon, Kristie's boyfriend. I asked her where the Aunt was while this was going on and she said that she was never there and never showed up. I picked her up at 8:00 pm and the rape occurred at 7:50 pm. We immediately called the Police and they were dispatched to our house. We told them the story and my other daughter went with them to identify the boy because she could recognize him. I took my daughter to the hospital to start the rape kit while this was happening as instructed by the police. While I was filing out the paperwork for the hospital for her they took my daughter back to get her ready for the test. When I finished and went to be with my daughter, the detective was already beginning his interigation of her without myself, my wife, or any legal representation present. This seems to be a direct violation of her constitutional rights and ours as her parents. They should have no right to interigate one of our children without us present. Brandon and Kristie both were questioned at the home where the incident occurred and taken downtown for further questioning on the incident. They were both released later because of lack of physical evidence, even though he admitted to having sex with my daughter who is 15 years old. The Detective and the District attorney both said that they believed it was consensual. How did they come to that decision? On the weight of Brandon and Kristie's word, and the word of my Raped Daughter means NOTHING! I cannot understand how that can be. When I talked to Detective Michael Murphy on Saturday afternoon to ask him about the case and what was being done he said he had talked to the District Attorney-Kate Dreher and that they felt that it was consensual so no further charges would be pressed after he told my wife and I that he would be charged for statutory rape because he was an adult and my daughter was a minor. Then on Saturday he said that there had to be a 4 year age difference between them for it to be statutory rape otherwise it is not statutory rape. When I did research on this in the Law Books it states, "...concessions are made to the frequency of sexual intercourse among minors in modern society. So long as one minor is not more than 3 years older than the other minor, in this instance statutory rape is often treated as a misdemeanor offense rather than a felony." What I do not understand is this law applies to 2 minors, Brandon was an adult not a minor. This is in direct conflict to the definition of rape by law, which states, "Rape is unlawful (nonconsensual) sexual intercourse, often consisting of unwanted intercourse accomplished by means of force or fear. Sexual intercourse is defined as the moment of sexual penetration, "however slight". " In the police report that was taken from the officer it clearly states that she was forced by Brandon, kept from leaving by Kristie, and penetrated by Brandon after she repeatedly told him NO--STOP. By any interpretation you wish to use according to the law she was RAPED. What frustrates and angers me the most is that the decision to drop the case and press no charges was made by Kate Dreher without ever seeing the actual police reports and statements that were taken from my daughter or from Brandon or Kristie. And the fact that we put a law into actual legislation that says it is OK for minors (under the age of 18 in most states) to have consensual or nonconsensual sex with another minor as long as the difference in age is 3 years or less to accommodate "modern society" is ludicrous and unimaginable. They have basically given any minor under 18 the right to have sex, forced or willing with any other minor and the law cannot do anything. And if they do prosecute it is only a misdemeanor offense. How little do we protect our children with laws like this that protect the offender and not the victim? And who gives the right for a case to be idly dismissed without even talking to the victim and hearing what she or he had to say and what she or he wants to do about it, and worse yet without even viewing the statements and evidence if any to make an informed and intelligent decision. Are our District Attorneys and Police Officials now allowed to open and shut cases because of how they feel and what they think and ignore the law that clearly states--"RAPE IS FORCED SEXUAL INTERCOURSE! When a woman or man says NO, it should mean NO, and if they are still forced the law should be there to protect them and there rights, not take them away. Please pass this on and share it with everyone you can so that we can get these laws changed to protect our children and there rights. And to bring the perpetrators of this act to justice. Do not let my daughters offenders go free, Please Help Us FIGHT BACK. Do not let your child be the next victim; it could have been you writing this letter with legislation and interpretation like this. It is our responsibility to protect our children, and when they are wronged to defend them. I need everyones help in getting this out in the newspapers, radio, television, internet, e-mails, ...etc. The only way to rectify what has happened is make enough people aware of it and demand protection for their children and justice for mine. Please sight the PETITION at http://www.petitiononline.com/4victims/petition.html Thank You for your help and support.



Thank You For Your Help,



RC and Shirley Constant, Sr.