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April 29, 2005
Abusers are often known by victims
Children are often told to be wary of strangers, but relatives, friends and caregivers should be of equal concern when it comes to child abuse and molestation, according to a 1998 study in the University of Chicago publication “Crime and Justice.”
In that study, researchers found that three out of five boys and four out of five girls who are sexually molested actually know their abuser.
“It is, by far, a high percentage that either know or have a close relationship with their perpetrator,” said Warren County Commonwealth’s Attorney Chris Cohron. “It is a grooming process in which (the abusers) put a lot of time and effort into molesting that child. They develop a relationship with their victim.”
A child who has been abused – whether sexually, physically, verbally or otherwise – may show signs of nervousness around adults, aggression toward adults or other children, an inability to stay awake, sudden and dramatic changes in personality, frequent or unexplained bruises, low self-esteem and poor hygiene.
Cohron said child sex abuse cases are among the most difficult to prosecute for a variety of reasons, but primarily because of the time lapse typically seen between when the abuse occurs and when it is reported.
“Very rarely do they disclose the abuse instantly,” he said. “For children aged 4, 5, 6, 7 and 8 years old, it’s a horrific thing for them to come and testify at a jury trial because many times it was someone they knew and they don’t want that person to get in trouble.
“It is very difficult for them to tell. Forensic evidence is gone by that time and the medical evidence is no longer present, in some cases.”
In the recent case of Russellville resident Roy Gill, 63, who received a four-year sentence after pleading guilty to three counts of “indecent or immoral practice with another,” the victim, Dr. John Mengleberg, did not press charges until 36 years after the abuse occurred.
In fact, Mengleberg, Gill’s nephew, said he kept the abuse secret for 23 years, allowing it to have a “devastating effect” on his life.
More often than not, a child’s abuse allegations lead to family turmoil – especially when the information slips out accidentally, said Dawn Long, executive director of the Barren River Area Child Advocacy Center.
“Then you’ve got a kid who is very clearly a victim, but they refuse to talk because their family is going to shut down on them,” she said. “I’m amazed that kids talk at all, really.”
As first-degree sexual abuse is a class D felony, punishable by up to five years in prison, many cases result in a plea bargain, Cohron said.
Higher-level class A felonies, such as rape or sodomy of a child under age 12, have a greater chance of going to trial, he said. The penalty for such an offense ranges from 20 years to life in prison, with the possibility of parole arising only after 85 percent of the sentence has been served.
“The stakes are so high, the plea bargain process is very tough,” Cohron said.
Of the 19 people charged with first-degree sexual abuse within the past five years, at least 13 knew their victims, according to police reports.
The offenders, all male, each pleaded guilty to sentences ranging from five years of supervised release to as much as 35 years in prison, when combined with charges such as first-degree rape or sodomy.
Most were listed on police reports as being retired or unemployed when charges were filed, but some were employed in such professions as car salesman, retail manager and factory worker.
Police reports show the men – average age of 35 – were the fathers, brothers, grandfathers, uncles, cousins, babysitters, neighbors or friends of the children they abused.
“Two-thirds of the time or more, strangers aren’t the ones who hurt kids,” Long said. “It’s those who have power over them, have control and have influence on them.”
Long said that, although a child’s allegation of abuse is often enough for a social worker to intervene, it may not be enough to secure a conviction against the abuser.
Whether or not children’s accusations are deemed valid in court may depend on their memory, age and maturity or their ability to express themselves, Long said.
“If they tell different stories, that’s used against them,” she said. “We put an enormous amount of pressure on kids to prove to us that they were abused. In our culture, if you’re not physically injured, it’s hard sometimes to see you as a victim.
“Fondling does not normally injure a child, so fondling can go on for years. The issue becomes, ‘How do you prove the child is abused?’ and that’s where the system kind of gets turned upside down, in my opinion.”
Posted by Nealus at April 29, 2005 04:26 PM
