Legal Question in Criminal Law in Kentucky

Harrassment

My Grandfather is almost 80 years old. His ex wife asked him to meet her in a park cause she needed to talk to him. He got there and sat on a bent to talk to her and 3 other people came up behind him while they were talking I guess as a scare tactic. While there they said that his ex-nieces were accusing him of rap. This is the craziest thing I have ever heard, he is the nicest man alive. Heck I lived with him while I was going to High School and he never was inappropriate in any way. How can my papaw protect himself? He is scared to death and wanting to make sure that he does the right thing in the instance that something starts. His Ex told him that the girls were in counseling and the truth would come out. Oh and that he might want to leave town. Any advice would help. We didn't know if talking to a lawyer is the step we needed to take or if we should wait to see if anything comes of it.


Asked on 3/31/09, 11:47 am

2 Answers from Attorneys
E. Brian Davis Davis Law Office

Re: Harrassment

You absolutely need to have your Grandfather hire a criminal defense lawyer right away.

Sometimes, poorly-trained counselors (or those with an "agenda") put "memories" in the minds of the people they are counseling. Sometimes, such things are an attempt to get money (i.e. extortion). Sometimes the memories seem real, but are not. And, of course, sometimes the memories are real.

A criminal defense lawyer can help prepare your Grandfather for what may be coming and can keep him from inadvertently putting himself in greater jeopardy.

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Answered on 3/31/09, 2:50 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Harrassment

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

From the way you describe the situation, this appears to be another case of the discredited "repressed memory syndrome" theory. Bogus counselors convince women that all their emotional problems stem from sexual abuse, usually at the hand of a close male relative, which their memories have repressed.

These cases usually evolve into a civil lawsuit for money, and a criminal prosecution. By the time they get to court, the "victims" are psychologically convinced by their therapists that something terrible happened to them when they were children.

Your grandfather needs to talk to an attorney as soon as possible. He needs to break off all contact with his ex-wife and nieces. In no event should he discuss this matter with any therapist, social worker, or investigating law enforcement officer.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 3/31/09, 5:43 pm


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