I want to file a civil lawsuit against my aunt for mental abuse and anguish if that's even possible.

Asked about 2 years ago - Pearland, TX

In 1947, my mother was 14 years old. She raped two little boys and was sent to a youth farm for two years. From 16 to 18 she lived with my aunt and molested/raped her sons during that time. When my mother was 19 she raped an underaged boy and got pregnant with me. I don't know who or what my father is but I believe my aunt knows and she keeps telling me to just get over it.

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . Not telling you who your father is not a cause of action that I can think of. It's a sad situation for you but you may have to go another route in locating your biological father. I'm assuming the criminal records have this guy's name sealed?

  2. 2

    Lawyers agree

    Answered . I agree with the other attorney that you're not going to get anywhere on this. However, one possibility did occur to me that might explain your aunt's reluctance to talk about this. Is it possible that they changed up the dates of all this a little and that one of her sons (your cousins), is actually your father? It would be understandable that she might not want to dwell on that herself and might also not want you to feel there's something "wrong with you" if you are actually the product of an incestuous relationship. Also, it might be nothing other than the fact that people just didn't used to talk about that sort of thing, and I'm guessing your aunt has to now be at least in her seventies. If your mother was prosecuted for the offense that resulted in your conception, you might try researching the court records and possibly petitioning the court for disclosure of his name if the records of it are sealed.

  3. 2

    Lawyers agree

    Answered . My colleagues are correct that there doesn't appear to be a colorable claim against your aunt here. At any rate, such litigation would serve only to deepen your wounds and would get you nowhere anyway. Through helping some of my clients try to investigate their unknown fathers, I've learned that there are procedures available to compel the Bureau of Vital Statistics to disclose information regarding one's possible paternage. I assume your birth certificate lists the father as "unknown". There may have been some game-playing with the birth records back then; it may be a shot in the dark but you might want to talk to an experienced, ex-law enforcement (ex DPS or ex FBI) private investigator about possible avenues of research. More worth your money than suing your aunt. Many families have some skeletons in their closets--you're not alone, and if it's causing you distress I hope you have someone supportive to talk to about it. There are some very good therapists in the area who could help you deal with this too.

    The information provided by this attorney is for general guidance only, and is not to be considered as advice... more

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