True or False:

In order for a person to be arrested on charges of sexual assault by force or fear to a child under 14 and continuous sexual assault on a child under 14... there must be concrete evidence, right? Some sort of proof other than hearsay?

I have no idea how the system works with that but I DO know i'm glad my family is not close to this person.

By Kaye on Saturday, July 19, 2008 - 10:38 pm:

Honestly I would like to think yes. But the reality is, someone would have to complain. The child in question would be talked to. I think to be arrested is very different than being found guilty. but really if someone is being accused of that, there is something definitly wrong in the picture. Could be with the offender or the child's family. I do think a child's testimony goes a long ways. Really most kids just don't make that kind of stuff up.

By Ginny~moderator on Saturday, July 19, 2008 - 10:55 pm:

What hearsay? Did the child make the accusation, and to whom?. Did an adult say the child told the adult and this adult then made the accusation?

The "rules" when the charge is sexual assault on a minor are a lot looser than in most other criminal cases. I don't mean that the actual, constitutionally based rules are different, but the rules of evidence do get stretched in this kind of case, because of the nature of the case. If it has become public - and because you are asking I am guessing it has become public - things get a lot more difficult. There is great pressure on the police - from one perspective, to make a case no matter what; and from another perspective, to find the accusations false, and publicity won't help anyone, especially the police.

Unhappily, as our children know more and more about sexual things in general and this kind of thing specifically, sometimes false charges are made for a variety of reasons. Equally unhappily, where such things do happen, all too often the child speaks to a trusted adult who disbelieves the child or blames the child, and the child doesn't tell another adult until much later, if ever.

Generally in a case like this, adult seduction of a minor over a period of time (and yes, I agree, that is rape), the police won't have the kind of evidence that is presented in a case of forcible rape (body fluids, for example). Nor are there witnesses, other than the child and the accused adult.

So a lot of questions come up. Does the child, or the adult to whom the child spoke and who then made the complaint, have a reason to dislike the accused or to want to "get even" with the accused. Did the accused have access to the child - private access over a period of time where the child and the accused were alone together, and for what reason were they alone together? Does the child have physical signs of sexual activity (though, with a 14 year old, that is not uncommon enough). Has the child exhibited signs of change of personality? Does the adult have access to children generally (a teacher, scout leader, priest or pastor or youth group leader) and, if so, has someone talked to the other children to ask what they observed about a possible relationship between the accused and the child, or between the accused and any other child? These are just some of the questions a good psychologist and a good investigator or prosecuting attorney would ask.

These are tragic cases. If the accusation is true, the child will need extensive counseling if s/he is ever to be able to overcome what has happened and to be able to enjoy normal relationships. Even if the accusation is true, it will be difficult to prove without a confession or other credible accusers to show a pattern; a prosector may, for lack of convincing evidence, decide against a criminal trial; or the child's parents and the child may decide that testifying would be too traumatic for the child. And there will always be some who won't believe the child and will blame the child for ruining someone's life. If the accusations are false, someone's life is indeed ruined and the accused adult will never be able to recover, personally or professionally, from that kind of accusation - and again, there will always be some who believe it even if it isn't true.

By Anonymous on Sunday, July 20, 2008 - 01:54 am:

Did the child make the accusation, and to whom? Yes, to his sister (who is of age).


Does the child, or the adult to whom the child spoke and who then made the complaint, have a reason to dislike the accused or to want to "get even" with the accused. I don't believe there would be any reason to "get even" from what I know of them.


Did the accused have access to the child - private access over a period of time where the child and the accused were alone together, and for what reason were they alone together? Yes, the accused would be the "adopted" father of the child. (I don't know if it were ever a legal adoption or if he were acting as a foster or something else. But he was solely responsible for the child.


Does the child have physical signs of sexual activity (though, with a 14 year old, that is not uncommon enough). I am not sure but these allegations go back to when the child was 7-8 years old.

A member of the family has always told me he thinks that this man has touched children inappropriately. This goes back to before this child was in the picture. I've never questioned why he thinks that and i've just always kept my distance.

By Anonymous on Sunday, July 20, 2008 - 09:09 am:

1st Anon, I am in no way sure of laws, either state or otherwise, regarding this. I DO know that my grandchild was sexually *assaulted* by my DD's then-fiance, and when DD discovered/realized and confronted him, she immediately called the police and he was arrested. However, he quickly bonded out. Then began years of therapy for my grandchild, both group and individual (she was VERY young when it happened-between 2 and 3 years of age, AND even though DD tried to follow the legal proceedings as closely as she could, she found out the State ended up dropping the charges against him - she was NEVER contacted by the prosecuting attorney and informed that this was taking place.

I know that in many states, sexual assault is referred to as child abuse: "Sexual assault occurring in childhood also is defined by most states as child abuse. The National Center on Child Abuse and Neglect defines childhood sexual abuse as "contact or interaction between a child and an adult when the child is being used for the sexual stimulation of that adult or another person" (10). Childhood sexual abuse may be committed by another minor when that person is either significantly older than the victim (often defined as more than 5 years) or when the abuser is in a position of power or control over the child (10)." (10) = National Center on Child Abuse and Neglect. Child sexual abuse: incest, assault and sexual exploitation. Washington, DC: U.S. Government Printing Office, 1981

I know Ginny is a lot more knowledgeable about this than I am, even with what touched our family.

By Ginny~moderator on Sunday, July 20, 2008 - 05:11 pm:

No, Ginny is not more knowledgeable, except that I read a lot about legal issues and have a somewhat freaky memory. And, having no husband or young children, I have more time to read about areas of interest to me.

While it is very upsetting, Anon2, that the offender was released and not tried, it is not surprising. These kinds of cases are extremely difficult to prove without a witness or a confession, especially with a victim so young. It is appalling that the prosecutor's office never contacted your daughter. I know in the Philadelphia area and I think in Pennsylvania generally there are strict guidelines about "victim support", and I believe it is required that a victim always be notified (though I know from my readint these rules are not always followed).

It is really good that your family is following through with counseling for your grandchild - not every parent/family takes this seriously, or has access (for geographic or financial reasons) to this kind of support. From everything I've read, it is invaluable and essential.