Posted on 03/22/2023 6:35:27 PM PDT by nickcarraway
Maggie Cruz, 36, says she was a child born from rape. Now, she's fighting back to right the wrongs she says her mother faced.
Cruz filed a lawsuit on behalf of her mother, who is described as a severely developmentally disabled woman, against New York's Office of People with Developmental Disabilities.
Cruz claims that while her mother was under the state's care in 1985, she was raped by a caretaker. Cruz alleges that the Office of People with Developmental Disabilities failed to report the rape or "seriously" investigate her mother's pregnancy.
The lawsuit says Cruz was able to positively identify her father with the help of police and an Ancestry.com DNA test.
The criminal statute of limitations has elapsed, preventing police from pursuing the case. However, New York passed a law in 2022 that gives survivors the option to file a civil suit even if the criminal statute of limitations has expired.
“My mother has had a hard life, and I hope this lawsuit will help her get the care that she deserves after OPWDD failed to protect her from her attacker 37 years ago," Cruz said. "I live a blessed life and I thank God for my amazingly supportive husband and five kids, who give me the strength to lead with compassion and grace every day.”
The Office of People with Developmental Disabilities has not publicly commented on the lawsuit.
Editor's Note: This article has been updated to reflect that Cruz is 36 years old, not 33 years old.
So they are not suing the father, but the state agency ?
Office of People with Developmental Disabilities failed to report the rape”...
Maybe a good thing for HER!
In most states, abortion is legal due rape...
One at a time.
The agency has the deepest pockets AND should be held accountable for its people.
We don’t even know if the “father” is alive. Again, not enough information. If he’s alive I would guess he’s in the crosshairs. Assuming he can be found.
If her Mom is severely disabled, that is not going to add much credibility to her mother’s very serious accusation.
Don’t get too caught up in trying to avenge what supposedly happened in the past.
Sometimes your father is the rapist. Yikes!
If they matched DNA it’s a 3 pointer. The guy may not know he has been found out. Hey, remember back in 85?
It might be automatic rape because of his position and the woman’s mental health and her status under the agency’s protection as a patient.
Even if the father is alive, a former caretaker probably has limited to zero assets.
If her mother is developmentally disabled she is legally not able to form consent. Therefore ANY sexual activity was rape under state and federal statutes.
CC
A DNA result is not in and of itself conclusive proof of guilt.
It goes pretty Damn far. Especially when the victim has intellectual deficits.
CC
It is of he was a caretaker for people with developmental disabilities!
Someone should ask her what she thinks of the Dims always saying she should have been aborted because her momma was raped.
The father was in the employ of the state agency. Who do you think has the deeper pockets?
“If her Mom is severely disabled, that is not going to add much credibility to her mother’s very serious accusation.”
DNA! The father was a “caregiver”.
The mother was “severely disabled”. Could not legally give consent.
No need for her to testify to ANYTHING. SLAM DUNK WIN!
Taking advantage of a developmentally disabled person under institutional care is statutory rape. There is no chance this is just an accusation, given the DNA evidence leading the plaintiff to a complete stranger who, after research, turned out to be a caretaker at the institution where her mother was in care.
Wow, so true! She has had life, Christian identity, a husband, and five kids who would not have been here if her mother had been pressured to abort. Those mysterious ways...
Her mother is severely mentally disabled and was raped while under their care, they didn’t even report the incident to law enforcement. Damn straight she should be suing the agency.
Yep.
This is open and shut as they get.
Not only that, but if her allegations are true the agency NEVER EVEN REPORTED IT TO POLICE?
Her existence is pretty much evidence that her mother was raped.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.