Wednesday, August 27, 2008
CIVIL STATUTE OF LIMITATIONS
For your states statue of limitaions on child sexual abuse,please go to www.napsac.us.
CIVIL STATUTES OF LIMITATION
Why? By some estimates there are over 39 million survivors of childhood sexual abuse in America today. It is very likely that as many as 90 percent of those survivors never reported the abuse to law enforcement, and more than 30 percent will never report the abuse to anyone. It has been clearly established in the mental heath field that latent injury from childhood sexual abuse may not manifest itself for a long time. As a result of this silence, the psychological and fiscal impact on the individual and our society is immense. It is in this environment that many perpetrators remain anonymous and are allowed to continue to offend even into their 70’s and 80’s.
Why? Because criminal prosecution of childhood sexual abuse is difficult and rare., prosecutors are often supportive of civil actions as a way to expose predators, and institutions who allow the abuse, as an additional tool in preventing further victimization.
Delayed discovery of injury: A victim of fraud may not know they are “injured” for some time after the actual crime; and therefore, the statutes of limitation on fraud do not commence until the victim actually discovers their “injury” is a result of the fraud.” The same should apply to a child who is sexually abused. As a result of the trauma suffered by the child he or she may not discover their injuries—and that their injuries are a result of the sexual abuse—until much later in their lives.
The result: Some say this law will result in “never ending claims” that are so old that it would be impossible to defend. There is no honest basis for this claim. Most states have strict rules covering frivolous lawsuits and it is the plaintiff who must prove their case. Therefore, the age of a case is a natural impediment to the plaintiff. Indeed, if there are no records, or no credible memories, there should be no worry.
The real result: The exposure of pedophiles and sexual predators who often avoid criminal prosecution because of the lack of reporting to law enforcement and the lack witnesses and physical evidence even if it is reported.
Prevention: With more offenders identified there is less opportunity for further victimization. In addition, with the threat of exposure of civil claims more and more institutions will pay extra attention to hiring practices and other preventative measures to lessen opportunity for predators to groom victims.
Project Walk Across Oregon – Eliminate Oregon’s Statute of Limitations on Child Sexual Abuse
Month-long Walk Event to Raise Awareness and Funds for Wintre’s Wishes Foundation and Goals to Eliminate Child Sexual Abuse in Oregon
PORTLAND, Oregon -- Join or support Project Walk Across Oregon, beginning Monday, September 1 in Ashland and ending Sunday, September 28 in Portland. Project Walk Across Oregon is raising awareness and support to eliminate Oregon’s statute of limitations on child sexual abuse. Detailed itinerary schedule is listed on Wintre’s Wishes Foundation website.
Presently, Oregon is 1 of 34 states in the nation that sets statutes of limitations on sexual abuse crimes. That means unprosecuted perpetrators are allowed to continue their abuse to a mostly young and silent group of victims – children without legal recourse. Project Walk Across Oregon is part of an effort to pass a bill in the 2009 Oregon Legislature that will eliminate the statue of limitations for criminal prosecution of sexual abuse.
"The Project Walk Across Oregon is one way Wintre’s Wishes Foundation is raising awareness about a dark, silent epidemic," said Matthew Nees, co-founder of Wintre’s Wishes Foundation. "Our goal is to bring individuals and families together to break down the stigmas associated with sex abuse and to leverage a platform where our voice stands against perpetrators and offenders. Wintre’s(cq) Wishes Foundation is dedicated to SUPPORT, PREVENTION and ADVOCACY for survivors and their supporters. We want the Oregon public to know there are people and organizations in their community working together to make Oregon safer for children and put an end to this heinous crime."
Wintre’s (cq) Wishes Foundation, an Oregon organization dedicated to raising awareness and support survivors of sexual abuse, and NAPSAC (National Association to Prevent Sexual Abuse of Children) are sponsors of the walk. Donations are accepted and supporters are welcome to join the walk at any point along the way.
For more information, contact:
Matthew NeesCo-founder, Wintre’s Wishes Foundation (http://www.wintreswishes.org/)6107 SW Murray Blvd, #406Beaverton, OR 97008503.780.1965mattn@wintreswishes.org
BACKGROUND:
Child sex abuse is a crime that usually stays hidden until the victim is old enough or strong enough to speak out about it. Approximately 95% of victims of child abuse are 18 years old and younger; 51% of them are under 12 years of age. The mean age for reported sex abuse crimes is 9 years old. At least 90% of reported crimes are by someone close to the family, and yet 88% of sex abuse crimes still go unreported. Because of the nature of these crimes, victims often don’t come forward with information about them until they are adults. By the time they are reported, if a state has a statute of limitations for the crime, such as Oregon, there is no recourse for the victim.
The effects of child sex abuse do not stop when the actual abuse ends. The repercussions are often life long and debilitating. Consequences of child sex abuse on the survivor manifest in health and behavior problems. Victims experience PTSD, school and learning problems. They may develop more anxiety disorders and are more likely to develop depressive disorders as adults. It is often difficult to make the transition to adulthood. Many seek out self-medication or inappropriate sexual behaviors. They may become abusers themselves, and commit other crimes, as well.
Child sex abuse advocates note that murder has no statute of limitations and believe that child sex abuse is equally heinous and should not be restricted by a statute of limitations. It is to this end that Project Walk Across Oregon and Wintre’s(cq) Wishes Foundation is dedicating its efforts to pass a law in Oregon that would eliminate all statute of limitations for sexual abuse crimes.
About Wintre’s Wishes Foundation (http://www.wintreswishes.org/):
The Wintre’s Wishes Foundation is an organization developed to raise awareness[and eyebrows] of child sexual abuse in Oregon. Wintre’s Wishes Foundation is dedicated to SUPPORT, PREVENTION and ADVOCACY for survivors and their supporters. Our goal is to bring individuals and families together to break down the stigmas associated with sex abuse and to leverage a platform where our voice stands against perpetrators and offenders. All money raised through this foundation goes to support survivors and prevention of further sex abuse.
Through the Wintre's Wishes Foundation, we seek to:
Educate adults on the techniques used by sex offenders to identify and groom children, and techniques they use to avoid getting caught and prosecuted.
Make a difference for Oregon's children by eliminating the statute of limitations on reporting and prosecuting sex offenders.
Work with other victim's rights groups to ensure victim's and families of victims voices will be heard in our courtrooms.
Raise money to help cover some of the therapy costs for survivors who do not have the resources.
Contact:b
Matt Nees, Wintre’s Wishes Foundation, www.wintreswishes.org mattn@wintreswishes.org, 503.780.1965
Tuesday, August 26, 2008
Disbelief
AFGHANISTAN: Little support for victims of child sexual abuse
KABUL - Ten-year-old Sweeta still remembers the most painful moments of her life when a bulky 35-year-old man raped her in his office in the town of Sheberghan, Jowzjan Province, in northern Afghanistan.
"The three men in the car grabbed her and drove to an army barracks where the commander raped her in his office. She [Sweeta] was threatened that if she told anyone about the incident they would kill her parents."
At around 10am on 31 January 2008 a vehicle with the markings and number plate of the Afghan National Army (ANA) stopped near a water-point where Sweeta was filling her buckets, according to the Afghanistan Human Right Organisation (AHRO).
“The three men in the car grabbed her and drove to an army barracks where the commander raped her in his office,” said Lal Gul Lal, chairman of AHRO, who has provided legal support to the victim’s family.
The child was semi-conscious when the rapist dropped her home with some gifts, lying to her elder sister that she was hit by a car and was experiencing abdominal bleeding.
“She [Sweeta] was threatened that if she told anyone about the incident they would kill her parents,” Lal told IRIN in Kabul.
But it soon became clear that the girl had been raped, and this was later confirmed by local doctors.
For a whole week after the incident Sweeta’s father knocked on various government doors, trying to obtain justice, but only received verbal sympathy.
The situation changed when he approached AHRO and local and national media got wind of the story. Despite strong opposition from some influential figures, the rapist was arrested and brought to court in Kabul.
“Many cases are unreported”
Sweeta’s is not an isolated case: Some children are exploited for sexual purposes but their misery is rarely talked about in public.
“Many cases are unreported,” said Hangama Anwary, a commissioner for the rights of children with the Afghanistan Independent Human Rights Commission (AIHRC).
At least 31 cases of child sexual abuse were registered by the AIHRC in 2007. So far this year only four cases have been reported, though it is estimated by the AIHRC and other human rights organisations, that there are hundreds of cases every year.
“Some parents think by reporting sex offences against their children they will only bring dishonour on their families,” Anwary said.
On 19 September 2007 seven young men gang-raped and tortured a 13-year-old girl in the northern province of Balkh, according to the two rights watchdogs, the AHRO and the AIHRC.
“A government official released all the accused rapists two days after they were apprehended, saying there was a lack of evidence,” said Lal of AHRO.
“The offenders are still at large and the victim is roaming around various government departments with her petition for justice,” he added.
According to Lal, many of those involved in sex offences are able to escape justice due to the weak rule of law and corruption among judges and government officials, and/or have the support of powerful militia leaders.
Link with human trafficking
However, some measures to tackle sexual offences against children have been taken: On 6 June a court in Takhar Province reportedly sentenced to death a man accused of raping and strangling to death a seven-year-old girl.
In early May, judges in Kandahar Province gave the death penalty to a man who reportedly raped and buried a six-year-old girl.
“Afghanistan is a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and involuntary servitude,” found the 2007 Trafficking in Persons Report of the US Department of State.
The report said Afghan children were trafficked internally and to regional countries for “commercial sexual exploitation, forced marriage to settle debts or disputes, forced begging, debt bondage [and] service as child soldiers”.
The AIHRC also said there were strong linkages between human trafficking and child sexual abuse. However, a major obstacle in tackling child trafficking is the lack of specific legal and judicial tools.
“Human trafficking has not been defined in our legal system so far,” the AIHRC’s Hangama Anawary told IRIN. “We also do not have legal clarity on issues related to child sexual abuse.”
Rights watchdogs have repeatedly called on the Afghan government to immediately enact a comprehensive anti-trafficking law and increase law enforcement efforts against human trafficking, particularly the trafficking of children.
No victim support
Although the man who raped Sweeta in Sheberghan has been sentenced to 15 years by a court in Kabul, her post-trauma suffering has not diminished - neither the government nor the rapist have paid any financial compensation to ease the victim family’s difficulties, and Sweeta has not received any rehabilitative and/or mental support to help her return to a normal life.
“The government does not run a formal victim support fund to assist victims like Sweeta,” Lal Gul Lal said.
Afghanistan’s legal system envisions individual compensatory mechanisms in which only offenders - not the government - must pay financial compensation to victims.
Friday, August 22, 2008
Canadian sentenced in Thai pedophile trial
BANGKOK, Thailand (AP) -- A Canadian schoolteacher who pleaded guilty to sexually abusing a 13-year-old boy was sentenced Friday to three years and three months in jail in Thailand.
Canadian Christopher Paul Neil arrives at court in Bangkok, Thailand, on Friday.
Christopher Paul Neil, who taught in several Asian countries, was arrested last year following an international manhunt after hundreds of photos of him allegedly engaging in sex acts with young boys were discovered on the Internet.
The Thai court also imposed a 60,000 baht ($1,780) fine on the 32-year-old man who had pleaded guilty May 12. His initial sentence of six years, six months was reduced by the court because Neil pleaded guilty.
Neil still faces similar charges, to which he has pleaded not guilty, involving the younger brother of the 13-year-old victim. In that case, he faces up to 20 years in jail for charges that include sexually abusing a minor, videotaping the alleged abuse, taking a child without parental consent, and holding him against his will.
The child who was 9 years old at the time claims Neil paid him $15 to $30 to perform oral sex in 2003. That trial resumes on Oct. 7.
"OK," was Neil's only comment to reporters after the verdict was read. His interpreter said Neil, dressed in a prison uniform and wearing ankle chains, would not appeal. After the trial, the grim-faced Canadian was taken straight to a Bangkok prison where he will serve his sentence.
Reading out the verdict, the court said Neil was guilty of sexually abusing a boy of less than 15 years of age, distributing pornographic photographs, and illegally taking a child from its parents.
During the trial, the victim, now 18, testified he went to Neil's apartment in Bangkok where the crime was committed. Photos that allegedly showed Neil engaging in sexual acts and playing with naked or partially clothed young boys were also presented.
Neil was arrested in Thailand on Oct. 19, 2007, after the international police agency Interpol unscrambled swirled digital images from about 200 Internet photos, which allegedly show Neil engaging in sexual acts with young boys. Neil admitted through his translator that he took the photos but said he did not post the pictures online.
Hundreds of tips were received and Neil was arrested 11 days after the Interpol appeal was launched.Thank you
Texas man gets life sentence in swinger sex case
Defense attorneys say Patrick Kelly had nothing to do with the Mineola Sex Club case.
Defense attorneys say Patrick Kelly had nothing to do with the Mineola Sex Club case.
Patrick "Booger Red" Kelly showed no emotion after the verdict. Jurors deliberated about two hours before finding him guilty of engaging in organized criminal activity. They took just 15 minutes to sentence him to prison for life. Defense attorneys had sought a suspended sentence of less than 10 years so Kelly could be placed on probation.
Prosecutors said Kelly was a member of the so-called Mineola Swinger's Club, though Kelly has maintained his innocence. They contended Kelly helped set up a "kindergarten" where children learned to dance provocatively. To help perform at the club, prosecutors say the children were given Vicodin-like drugs the adults passed off as "silly pills."
"As we stand here, I still absolutely believe that my client is innocent," Kelly's defense attorney, Thad Davidson, said outside the courtroom after the trial.
During closing arguments, prosecutor Joe Murphy accused Kelly of having sexual contact with five children tied to the case who, he said, showed signs of sexual abuse.
"Why is it that every child that comes into contact with him is broken?" Murphy asked.
Davidson questioned why the children didn't remember details about the club and why they weren't examined by medical personnel trained to detect sexual abuse.
Davidson contended the lead investigator had little experience handling sex crimes, said he didn't conduct a thorough investigation and accused him of being improperly influenced by the foster mother of three of the children, Margie Cantrell, who brought the original complaint.
"So you got these incredible suggestive, tainted ... interviews. And who takes over the interviews? The woman who has custody of the three children," Davidson said.
Kelly, 41, testified during the trial that he has no knowledge of "silly pills" and never made children do any kind of sexual dancing or touched them inappropriately. He said he has never even been to the Mineola Swinger's Club.
Other witnesses called by Kelly's attorneys have said that while swinger parties took place in the building, children were never present.
"I thought things would go the justice way, but justice is fickle I guess," Kelly's mother, Linda Kelly, said in a telephone interview with The Associated Press. "I honestly don't know why it went the way it did. This is the first time I've heard all this stuff that the D.A. is putting out -- that is not my child."
Cantrell sparked the investigation by the Texas Rangers when she reported that her foster children told her of having being forced into sex some 18 months earlier inside the windowless rooms of the former day care center.
Two other alleged participants, Jamie Pittman and Shauntel Mayo, already were convicted and sentenced to life in prison. Three other defendants are awaiting trial.
Wednesday, August 20, 2008
Shamed rocker Glitter denied Hong Kong entry
Gary Glitter has refused to board a flight to England from Bangkok.
Gary Glitter has refused to board a flight to England from Bangkok.
Glitter flew to Hong Kong Wednesday night after staying in the transit area of Bangkok's international airport for several hours.
"The Chinese authorities have informed us that they have refused Paul Gadd entry into Hong Kong," a spokeswoman for Britain's Foreign Office said. Glitter's real name is Paul Francis Gadd.
"It's a matter for the Chinese authorities what happens next," she said.
A second Foreign Office spokesman said Glitter was interviewed by Chinese immigrations officials after arriving in Hong Kong.
Glitter was turned away "as a result of those interviews," the spokesman said. Both officials spoke on condition of anonymity, citing official policy.
In a statement, the Hong Kong government said it doesn't comment on individual cases but that immigration officials would "take into consideration all relevant factors and circumstances when processing applications."
It was the third country to bar Glitter in the last two days.
On Tuesday night, Glitter was taken from his prison cell to a flight out of Ho Chi Minh City in Vietnam. He had been booked to change planes in Bangkok en route to London.
He refused to board a flight to England, however, complaining of an earache. Thai authorities would not allow him to pass through immigration, leaving him in limbo.
Don't Miss
Lt. Gen. Chatchawal Suksomchit, the chief of Thailand's immigration police, said Glitter was denied entry because under Thai immigration laws those convicted of child sex abuse in a foreign country can be barred.
But another officer said his department received a note from Vietnam and Interpol requesting that Glitter not be allowed entry into Thailand. The official spoke on condition of anonymity since he was not authorized to speak to the press.
Col. Voravat Amornvivat of Thailand's Immigration Police division said officials turned Glitter over to the custody of Thai Airways Wednesday afternoon, after he agreed to travel to a third country.
Glitter, 64, was convicted in March 2006 of committing "obscene acts with children." He served two years and nine months of a three-year sentence, which was reduced for good behavior.
The incidents involved two girls, ages 10 and 11, from the southern coastal city of Vung Tau. The verdict said he had molested the girls repeatedly at his seaside villa in Vung Tau and in nearby hotels.
Although Glitter proclaimed his innocence, he was sentenced to three years in prison.
Glitter's fall from grace began in 1997, when he took his computer to a repair shop and an employee there discovered he had downloaded thousands of hardcore pornographic images of children. Two years later, British authorities convicted him of possession of child pornography, and Glitter served half of his four-month jail term.
The news hit as British Home Secretary Jacqui Smith announced a raft of new measures to tighten controls on people convicted of sexual offenses against children.
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If Glitter ever returned to Britain, he would be met placed on a sex offenders registry, which already lists about 30,000 people.
In his 1970s heyday, Glitter performed in sparkling jumpsuits, silver platform shoes and bouffant wigs. He sold 18 million records and recorded a string of British top-10 hits.
Child Sex Abuse Cases Tops List Of Convictions
Cases of sexual abuse of minors and child abuse comprise the top three categories of convictions in the Northern Marianas for the past eight years, the Marianas Variety reports.
The findings are based on a study of sexual abuse cases handled by the commonwealth Attorney General’s Office between 2000 and May 2008, the newspaper said. The research was conducted by Samantha Healey Vardaman, director of programs for Shared Hope International, a private group that has been focusing on sex trafficking cases involving minors in the U.S. and its territories.
Vardaman’s review found that there were 25 cases of sexual abuse of minors in the second degree in the review period. There were 13 cases of child abuse and neglect, which comprised the second largest group of convictions. And in third spot, with 11 convictions, were cases of child neglect.
The study also found that there were three convictions were reported for sexual abuse of a minor in the fourth degree, and one conviction each for attempted sexual abuse of a minor in the second degree, kidnapping involving a child, and sodomy on a child
Saturday, August 16, 2008
Dedication Makes Child Molestation Case
"Unselfish dedication...a high standard of professional and personal ethics" are terms Public Safety Investigator Alton Brock used to describe the people that helped put all the pieces together for a child molestation arrest. "These are people who truly care for their fellow human beings." Investigator Brock declared.
Twenty one year old Santos Gomez Ortiz has been known to prey on young hispanic girls. In the past, Santos Ortiz has unscrupulously used the language barrier that exists in parts of the hispanic community to avoid being reported to authorities. Hopefully this ended on Wednesday with his arrest for child molestation.
On Monday at about 6 pm, a very concerned hispanic mother reported her daughter had not attended school that day and was missing. Speaking in very broken English, Public Safety Officer Collin Hastey was helped by Decatur County school employee Nancy Ruiz, who translated between the mother and officer.
Officer Hastey ascertained the 13 year old girl may have been taken by an older man. Investigator Brock stated that only through Officer Hastey's fortitude that this investigation began.
Now at the end of his shift, Officer Hastey worked four more hours on his own time, and a 16 hour day, to enter the missing girl's details into the Georgia Crime Information Center (GCIC). Decatur-Grady E911 then issued a "BOLO" (Be On the Look Out) for the missing girl.
On Tuesday morning, Decatur County Sheriff's Deputy Humberto Dean stepped into the equation. Deputy Dean began a search within the hispanic area where the girl lived, speaking with residents and gaining information. Deputy Dean and Officer Hastey maintained their communication throughout the day. They were assisted by Nancy Ruiz and Esther Gomez, both employed as translators with the Decatur County Board of Education.
Deputy Dean's exhaustive determination paid off at about 5 pm. He located the missing 13 year old girl and the suspect. He arrested Santos Ortiz. Investigator Brock praised the perseverance of Deputy Dean saying his efforts were crucial to helping make the child molestation case.
Investigator Alton Brock took over and quickly learned this was not a typical missing girl case. The legal issues of the case were complex and Investigator Brock turned to District Attorney Joe Mulholland. As details were sorted, DA Mulholland advised the investigator by phone late into the night.
On Wednesday, it all needed to come together. Investigator Brock utilized translators Anna Baker, Nancy Ruiz, and Esther Gomez who worked tirelessly through the day by his side. He pieced together the time line and the history that led to a man being charged with enticing a child for indecent purposes and child molestation.
Every arrest made for child molestation is typically a slow and painstaking process. Many man hours are required to put all the pieces in place to assure a conviction after an arrest is made. As far as that goes, this one was no different. Investigator Brock expressed his gratitude for the help from the Decatur County Sheriff's Department, Decatur County School System, the City of Bainbridge and the South Georgia Judicial Circuit.
Why do victims wait so long to report child molestation?
People who haven't lived with the horrors of child molestation may find it very difficult to understand why someone would wait twenty or thirty years before reporting the crimes to authorities. Victims have stayed silent for many reasons, often a combination of factors.
They are told not to tell Child molesters convince their victims to "keep our little secret" in a number of devious ways. The victims are told that they'll get into trouble, that no one will believe them, and sometimes more heinously, that the abuser will harm another family member if the child tells. Small wonder that the young victims become such good keepers of secrets.
They don't know they can get help
Today, many children are educated early-on to report "inappropriate touching" to a parent, teacher, school nurse, or the police. In the 1950s and 1960s, however, children were not encouraged to talk about "such things." They lived in a "don't ask - don't tell" society, and buried their feelings, in order to survive.
They are afraid they will not be believed
Sadly, especially when reporting incest to another relative, a child is often not believed. Mothers simply do not want to hear of such vile deeds perpetrated by a husband or son. Unless the child victim goes on to report the crimes to someone outside the family, they simply give up, thinking "no one really cares."
They assume the shame for themselves
Child molesters are manipulative and take advantage of the burden of self-guilt and shame that most victims of pedophiles grow up with.
They repress or dissociate
Memories of the abuse thrust upon the victim are so horrific that the young mind can't deal with them, and "zones out." These memories are repressed, and often do not surface until many years later, if ever.
They "transcend" their abuse
Unfortunately, many victims of child sexual abuse become drug and alcohol users, or relive their abuse through promiscuity - thus "transcending" the abuse by another into self-abuse. The resultant psychological problems, such as PTSD or Bipolar Disorder become so severe that the victims become paralyzed to act, if they remain untreated.
They are embarrassed to come forward
Adult victims who have survived do not want to "rock the boat" of their relatively normal lives by risking the publicity of a trial. They fear the smirks and knowing looks some people still give when the subject of child molestation arises, and it is easier just to continue with the "status quo" of their lives.
They are prohibited from reporting by outdated statute of limitations laws
Ironically, many victims, once they have reached the psychological and emotional stage where they feel comfortable in reporting those old crimes against their innocence, find that old dinosaur statutes of limitations prohibit them from doing so. It was exactly this reason that compelled the California legislature to revise its laws governing the prosecution of cases involving sexual acts against children. Other states have also relaxed statutes of limitations for such crimes.
research shows that child molesters rarely serve `serious time'
Child molestation, like other capital offenses such as murder, carries a maximum sentence of life behind bars. But few people in Rhode Island charged with sexual crimes against children serve significant amounts of jail time, according to Ross Cheit, professor of political science and public policy.
An electronic analysis by Cheit of the outcomes for those charged with child molestation from 1985-1993 revealed that 70 percent of those found guilty did not serve jail time. "Most people think that if found guilty of a felony sex offense against a child you'll serve serious time, but that is rarely the case," said Cheit.
Past studies of people convicted of sexual crimes against children have shown that the average jail sentence is five to six years, a conclusion that Cheit says "is absolutely not true." Cheit contends that those studies are not comprehensive and therefore do not provide an accurate picture of punishment rates for those convicted of child molestation. For Cheit's analysis, "we said let's take a look at every person in a given year" who was charged with child molestation. "Other studies have only picked the worst cases," he noted.
In addition, past studies have been flawed, Cheit says, because they did not distinguish whether the individual was charged with multiple offenses. "The heaviest sentences went to those who had additional charges," he said. "In Rhode Island it appears that only first-degree child molestation cases [in which penetration occurs] are taken seriously."
Many child molestation cases are hidden from the public with the help, ironically, of the law. Rhode Island law requires all records involving cases of child molestation to be sealed. The law is intended to preserve victims' privacy, but it also has led to protection of criminals.
Cheit surveyed newspaper coverage of people charged with child molestation in Rhode Island. The study revealed that only a small percentage of people accused ever had their names published. Fewer articles detailed actual cases. "Most articles are about arrest and arraignment. Very few are about actual outcomes," Cheit said.
Because the laws are designed to protect the privacy of those involved in the cases, the media depend upon the police and state's attorney general's office for information. The attorney general's office seeks publicity for long-term punishments it secures for offenders, Cheit says. "They aren't going to call up and say, `We had two more probations today.' So what you get is coverage that leads people to believe that [defendants] who are convicted of child molestation are getting long sentences."
Cheit is not only challenging widely accepted beliefs about punishment for child abusers; he also is turning an analytical eye toward the reportage of sexual crimes against children in the United States.
"Some people cite numbers that indicate two-thirds of the sexual abuse cases are unfounded or two-thirds are false accusations," he said. Actually, two-thirds of the cases are unsubstantiated, "which means social workers thought the actual abuse happened, but don't think not enough proof," Cheit said.
A child's first complaint of child molestation often remains unsubstantiated, Cheit said, but later complaints are often substantiated. Therefore, if a social worker substantiates a child's third complaint, the public record of data would show two reports of unsubstantiated abuse, then a report of substantiated abuse. "I could say one claim is substantiated and you could say two-thirds are unsubstantiated," said Cheit. "So unless you count by child and not by charge, you are going to miss the problem entirely."
In addition, most studies of child abuse do not separate the charge by type: sexual, physical or neglect. "Most neglect cases go unsubstantiated, so this creates a false image that most sexual abuse accusations are false," he said. "But if you separate sexual abuse cases from all other forms of child abuse, two-thirds of the cases are substantiated."
Although most cases of child molestation have not received widespread media attention, the issue of repressed memory and child abuse has. And Cheit, having remembered his own abuse by a camp counselor only later in his adult life, believes too much emphasis has been placed on memory issues when discussing child abuse.
Cheit said he would like to see a change in state laws that provide a statute of limitation on the prosecution of cases of child sexual abuse. "I have found some instances where murder cases were brought to trial 44 years after the fact. ... Additionally, there are a number of states that have no statutes of limitation on such crimes as arson and misuse of public funds. All are capital offenses. Why should crimes committed against children have a statute of limitations?"
Some states do allow for criminal charges to be brought when an individual first remembers the crime. "But for most people it is not an issue of memory, but cognition and comprehension," said Cheit. "To take legal action [by age 18] is somewhat unrealistic. In many cases the person who has been violated is probably still living at home and financially dependent on the person who may have committed the crime. So let's be realistic. I think the first realistic opportunity this person has to bring charges is after they've left the home and college."
Cheit hopes that by bringing his research and his own experience with child abuse to the attention of the nation, sexual crimes against children can be dealt with more effectively.
"I'm willing to talk about things that are very unpleasant," he said. "But it needs to be discussed because much of what is being contributed comes from people who are concerned with false accusations. Meanwhile children continue to be abused and many criminals get away with it without serving any jail time."
Friday, August 15, 2008
Child Sex 'Cult' Leader Freed From Prison
On Friday, after serving 33 years for sex crimes against children, George Feigley, 68, will exit prison and reenter society.
Convicted sex offender and cult leader George Feigley completed prison term.
Because of the timing and the nature of his crimes, he is not subject to Megan's Law restrictions.
He will not be ordered to check in with police or with a parole officer. He will not wear a tracking device.
He is expected to return to his house at 1316 Derry St. in Harrisburg, the residence where in 1975 prosecutors say he sexually abused children while acting as the charismatic leader of a sex cult and advocating the use of children for sexual gratification, according to police reports.
Feigley, who used aliases such as "G.G. Stoctay Ph.D." and "the Angel of Light," has long maintained that his Neo American Church was never a cult. But he had a group of devoted followers who risked life and limb for him.
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In 1976, he engineered a daring escape by scaling a prison wall and fleeing to West Virginia where he'd started a commune and school. Police and FBI caught up to him in 1978, but he escaped again less than a month later while awaiting extradition. Nabbed again by the FBI in
Tennessee, he was behind bars again in two months.
In 1983, according to newspaper reports, two of his followers died in what was believed to be another attempt to spring him from prison. A man and a woman crawled into a sewer line close to the Western Penitentiary only to drown when the Ohio River swept in.
In 1994, Feigley and his wife, Sandra, were back in court. Prosecutors said Feigley had been orchestrating the abuse of a minor from prison. While speaking on a prison phone, Feigley gave commands to his wife and another man on work release to have sex with a 14-year-old girl.
Feigley was found guilty and sentenced for conspiracy to commit involuntary deviate sexual intercourse. Because of problems with the search warrants, Feigley's wife and the girl's mother were able to plead guilty and receive probation.
In the 1970s, everyone in Harrisburg knew the name of George Feigley and the Neo American Church, which prized sexual pleasure above all else, on Derry Street.
Commentary: A sex offender's scarlet letter
Sunny Hostin is a legal analyst on "American Morning."
NEW YORK (CNN) -- I'm cool under pressure. Cool as a cucumber, actually, eerily so. My friends and family comment on it. I think I get it from my father, the quintessential smooth operator.
Sex offender Leroy Schad, 72, has been ordered to post warning signs in his yard and on his car.
But child molesters get me riled up. I get angry, sad, hot whenever I hear a story about a child being hurt. Even other criminals get hot under the collar about child molesters. Child molesters in prison often have to be segregated from the general population lest they be beaten, raped or killed by other inmates.
But other than locking them up for life in some prison, what do you do with a child molester? I have often wondered what we can do to keep these creeps away from our children.
Of course, parental awareness is the first line of defense. That is why I have been a proponent of sex offender registries. I check http://www.familywatchdog.us/ to see whether a molester is living or working near where we live or where my kids go to school or play.
But having prosecuted these crimes, I have always thought that it isn't enough. What about those families that don't have computers or televisions? Don't they deserve to know where the molesters are?
So when I covered the story of Leroy Schad, I thought, "Someone has finally figured it out: scarlet letters for child molesters." Schad, who admitted molesting a boy, was ordered by Kansas District Judge Ron Svaty to post signs on all four sides of his house and a decal on his car, proclaiming to all that he is a sex offender.
The house signs are hand-painted in scarlet letters (yes, really) and read "A Sex Offender Lives Here." His car has a large decal with bright yellow letters (I like the scarlet better) reading "Sex Offender In This Car."
Schad, 72, was originally charged with four counts of taking indecent liberties with a 9-year-old girl and an 11-year-old boy in 2005. He was allowed to plead guilty in March 2007 to a lesser charge of aggravated indecent solicitation of a child, and the original charges were dismissed.
Instead of three years in prison, the judge sentenced him to five years of probation and house arrest, and ordered him to post the signs during his punishment.
Schad is appealing the sign requirement and stated, "I know that I deserve something for that, but I don't think I deserve what I got."
"That's exactly what he deserves, isn't it?" I asked my friend Rich, another former sex crimes prosecutor.
I generally agree with Rich. He is smart (Harvard Law) and was a hard-as-nails prosecutor. But he surprised me when he said, "Actually, Sunny, I'm not so sure about that. Statistically, offenders that have a place to work and live and are reintegrated into society typically don't reoffend. It's when they are unmoored from society that they are at a higher risk of hurting a child again."
Then, he went on to say: "This scarlet letter thing encourages people to engage in vigilante-style justice and would make it impossible for offenders to live in our society. So you have to balance warning the public so they can take precautions to protect themselves and the possibility of vigilante justice and allowing offenders to integrate into society."
What? I stood there dumbfounded. Maybe he isn't so smart after all. But maybe he has a point.
Now I'm not so sure about the scarlet letter signs or the license plates identifying child molesters.
But then he said, "Bottom line is, these guys that hurt children; the serial offenders -- I think they are just wired wrong. And nothing can fix that. They should just spend the rest of their lives in prison."
Now that's the Rich I know. We argued the issue up one side and down the other with no real resolution, because that's how lawyers talk to each other.
Child molester hasn't served single day of 43-year prison term
(CNN) -- For nearly two years, the South Florida middle school art teacher forced the boy to have sex in a classroom supply closet.
Aaron Mohanlal, here in his sex offender registration photo, was allowed to stay out of prison on bond.
Sometimes, Aaron Mohanlal would call in sick to work, take the boy to his home for sex and drop the seventh-grader back off at school at the end of the day.
To keep the abuse secret, Mohanlal bought the 13-year-old a cell phone and created nicknames for their genitalia. When police arrested him, the teacher was caught on hidden video trying to destroy letters threatening the boy if he ever told.
Last summer, a Broward County jury convicted Mohanlal of 13 counts, including child abuse, molestation and lewd battery, and a judge sentenced him to 43 years.
But a year later, Mohanlal has yet to spend a day in prison.
"I can't understand why he isn't behind bars," said the victim, now 18. The network is not disclosing his name because it doesn't identify sexual assault victims.
"I want to move on with my life. I'm trying to graduate high school and forget about this," he said. "I try not to think about it, but it's hard, because all I can think about is, what if he's out there around other kids?"
Weeks after the trial, Broward Circuit Judge Marc Gold, who presided over the trial and sentenced Mohanlal, granted the teacher a rare bond that allows him to remain free while his case is tried on appeal, a process that could take years.
During the two months CNN has investigated this story, Mohanlal has been working a construction job in Broward County and spending time at a house in Sunrise, Florida, 15 miles from where the boy and his family live, according to the Broward County Sheriff's Office.
He resigned from his teaching job in 2005 after his arrest.
"The idea of that monster being that close to my family again is outrageous," said the boy's father, who is often so overwhelmed with rage and sadness that he drives to a park, leans against a tree and sobs.
"What did we go through a trial for?" he said.
A man who identified himself as Mohanlal hung up on a CNN reporter who called his home in Port St. Lucie, Florida, his address on record with the state's sex offender registry.
Mohanlal's appellate attorney, Tom Odom, refused to comment on the case beyond saying,
"Everyone has a right to a first appeal."
Gold gave Mohanlal the right to live, work, travel and attend church in South Florida, according to numerous interviews and documents CNN has obtained. The judge ordered Mohanlal to wear a GPS device, register as a sex offender and surrender his passport.
He stipulated that Mohanlal cannot contact the boy and his family but did not order him to stay away from children, according to a transcript of the July 2007 bond hearing.
Mohanlal was allowed to post the $610,000 bond using his relatives' properties as collateral, the transcript shows.
Post-conviction bonds are rarely given in criminal trials, but judges occasionally grant them if there was a procedural error during trial that would make a conviction reversal at the appellate level likely, legal experts say.
But there were no procedural mistakes during Mohanlal's trial, both prosecutor Anita White and defense attorney Steve Rossi said.
Under Florida statute, defendants without prior felonies are eligible for post-conviction bond unless they have committed first-degree murder or sexual battery. Mohanlal wasn't convicted of first-degree sexual battery. He was convicted of second- and third-degree felonies, and he had no prior felony record.
Gold refused to talk on record about why he granted the bond. He would only give this statement: "The simple truth is that I had to rule based on what was presented to me during that hearing. And I took everything into consideration and felt a bond was appropriate."
"For a judge to delay jail is highly unusual, but it's especially unusual when you have someone convicted of a serious crime like sexual molestation of a child," said CNN legal analyst and criminal attorney B.J. Bernstein. "One of the concerns is that you have someone who commits a sex offense who, by their employment, seeks to be around children. They have abused that trust between a student and teacher."
A dozen legal experts, including criminal attorneys based in Florida, said they agree with Bernstein. None could recall a single case of a violent offender receiving the same kind of treatment.
Information on how many offenders are out on post-conviction bonds in Florida is difficult to find. There is no entity in the state, including the Florida Department of Corrections, that keeps track.
Last year, the boy's family won $300,000 from the school district after a civil claim that the district failed to protect the student.
Other students in Mohanlal's class testified that their teacher handed them fliers, with the boy's picture and phone number, that falsely accused the teen of having sex with animals. Caught on surveillance camera at a grocery store copying the fliers, prosecutors say Mohanlal had become a disturbed lover scorned when the boy entered high school and began rejecting his advances.
And there was evidence that Mohanlal was grooming other children. One middle-schooler told police that Mohanlal rubbed his arms and back during class; another testified at trial that his teacher gave him his cell phone number, money and hair conditioner.
"This was one of the most disturbing cases I've ever worked on, and there's no doubt in my mind that Aaron Mohanlal is a dangerous person," said Miramar Police Sgt. Jeff Armiento.
The investigator learned that Mohanlal was released on bond when he randomly searched for him on the state's correctional Web site.
"I was astonished, flabbergasted," Armiento said. "I called the state attorney's office to see if it was some kind of mistake. I don't see what would stop him from doing this to other kids."
Mohanlal's GPS device is monitored 24 hours a day by the Broward County Sheriff's Office, meaning his location appears on a computer screen. Otherwise, there is no police agency watching him.
Kristina Gulick, who oversees the electronic monitoring system, said Mohanlal gives the agency weekly itineraries to help police follow his whereabouts.
But 70 days of itineraries from March to June that CNN obtained from the Broward Sheriff's Office are not detailed; for example, some say Mohanlal intends to leave his home at 6:30 a.m. and return at 9:30 p.m. but do not say where he will be or what his plans are.
"We are confident that he is doing what he's supposed to be doing," Gulick said. "We have had no reason to think otherwise."
Because Mohanlal was required to register as a sex offender, he must provide the Florida Department of Law Enforcement with his home address. That home is in Port St. Lucie, about two hours from Broward County. See Mohanlal's sex offender registration
The St. Lucie County Sheriff's Department is required to make four visits to the home each year and verify that Mohanlal is living there based on what he tells deputies, according to department spokesman Mark Weinberg.
"This guy has all the reason in the world to take off," said Tom Blomberg, dean of the College of Criminology and Criminal Justice at Florida State University. Blomberg conducted a 2006 study of sex offenders who are monitored by wearable GPS devices.
"He's looking at prison for the rest of his life," Blomberg said, "and child molesters are almost always victimized in prison. He has to know that.
"This is not effective monitoring. In fact, it's a little bit beyond imagination what's going on here," Blomberg said. "The [GPS] technology works; that's not the problem. Police can only do so much. The question is whether this guy should be out of prison.
"This seems like a system failure on down."
Sunday, August 3, 2008
Opening up my Soul
1 in 4 girls is sexually abused before the age of 18.
1 in 6 boys is sexually abused before the age of 18.
1 in 5 children are solicited sexually while on the Internet.
Nearly 70% of all reported sexual assaults (including assaults on adults) occur to children ages 17 and under.
An estimated 39 million survivors of childhood sexual abuse exist in America today.
My story begins from when I was seven years old and ended around when I was 9 or ten years old. At that time as a kid I was told that its okay its what my mommy and daddy do all the time, that if I told my parents I would get in trouble, told that I needed to keep it a secret and that I was a big girl if I did. I did, Idid keep that secret even after my tomentor died, i didn't break our secret vow until I was 21 years old. So for years I walked around with my shameful secret while he got to live the life girlfriend, kids and all. Walking around as if he didn't have a care in the world.
Sexual abuse can occur at all ages, probably younger than you think
The median age for reported abuse is 9 years old.
More than 20% of children are sexually abused before the age of 8.
Nearly 50% of all victims of forcible sodomy, sexual assault with an object, and forcible fondling are children under 12.
My best friend and God were the only ones that knew what happened to me, and for my sake neither one looked at me like I was dirty or that I must have did something to deserve that. They never saw me as I had saw myself inside as a slut like in the videos I was forced to watch, no they never thought of me as that I could always escape to both of them when I was feeling closed in.
Most children don't tell even if they have been asked
Evidence that a child has been sexually abused is not always obvious, and many children do not report that they have been abused.
Over 30% of victims never disclose the experience to ANYONE.
Young victims may not recognize their victimization as sexual abuse.
Its funny my abuser went to his grave with that secret, and for me to this day I just feel like he got the easy way out he never had to face a judge, my parents, or anyone. The day he died was one of the best days of my life, I unsually happy all day for Friday the 13th I was at completely peace. I asked God that evening why am I so happy and he revealed to me my tomentors death, and in my mind that night praised God and said "Thank you" loudly in my mind. I've said everyday since then and I even said at his funeral.
Even within the walls of their own homes, children are at risk for sexual abuse
30-40% of victims are abused by a family member.
Another 50% are abused by someone outside of the family whom they know and trust.
Approximately 40% are abused by older or larger children whom they know.
Therefore, only 10% are abused by strangers
The sad thing is that this person was no stranger to me or my family, he was at my house almost every single day to check up on me when my mom either worked late or was at night school. It was usually right when we got home from school, as both our schools usually got out around the same time. He was the one that gave the scar that's in the middle of my forhead cause he was in such a rush to get to my house that he pushed the to hard right as I was opening it.
Teenage Pregnancy and Promiscuity
Children who have been victims of sexual abuse exhibit long-term and more frequent behavioral problems, particularly inappropriate sexual behaviors.
Women who report childhood rape are 3 times more likely to become pregnant before age 18.
An estimated 60% of teen first pregnancies are preceded by experiences of molestation, rape, or attempted rape. The average age of their offenders is 27 years.
Victims of child sexual abuse are more likely to be sexually promiscuous.
More than 75% of teenage prostitutes have been sexually abused.
For me even after his death, my abuser had marked a brand on me and that brand followed me into adulthood. Sex was the keyword for every single relationship that I had since I was 18
and for along time I didn't know how to tell the difference between real love and sex. Since I had been exposed to sex at such a young age I thought that it was love because that what my tormentor had showed me.
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