Question RE: dealing w/ abuse cases

[RJW]

Question: so if a crime is reported, charges aren't automatically filed unless the victim chooses to press charges. In case of a minor, if crime is reported, and investigation is done, but minor child denies (out of fear) that crime has occurred. . does this mean no charges can be/are filed?

[Jenni]

I was a bit confused at the beginning of this thread, but I understand better now that I've read everyone's responses.

An adult is always obligated to report abuse to the authorities, especially if that adult is a teacher, counselor, nurse, etc. The question of whether or not to prosecute, though, is a whole 'nother issue. Those who have spoken up already understand how much of a mess reporting abuse can be. And it does become a "he said, she said" type of debate, especially since abuse is not reported right after the fact, so it's not like anyone has had time to collect evidence. And sometimes it just causes a lot more hurt to the abuse survivor to have to deal with a frustrating legal system that more often than not allows abusers to go free with little more than a slap on the wrist.

[Dude]

(06-10-2011 01:29 PM)RJW Wrote:  Question: so if a crime is reported, charges aren't automatically filed unless the victim chooses to press charges. In case of a minor, if crime is reported, and investigation is done, but minor child denies (out of fear) that crime has occurred. . does this mean no charges can be/are filed?

Assuming here that the child is the only witness and there is no other evidence of a crime, yes there would be no charges. In some cases, police can prove a case with a "non-cooperating victim." As an example, in one of my cases the child was unable to discuss what occurred and essentially denied anything happened. While serving a search warrant, however, I found a recording system that the suspect used to record the molestations. We prosecuted the suspect without ever needing the child to testify. The suspect now lives in a state penitentiary and will until he dies or is granted geriatric parole (which is unlikely). So you don't always need a victim statement to press charges.

[RJW]

So, if I am understanding correctly, even if a victim told a pastor or counselor he/she had been abused, no charges could be filed and no one could be arrested, unless the victim himself/herself was willing to cooperate with authorities and say "this happened to me". Charges could not be filed based on what the victim had told the pastor or counselor? And even if they could, if the victim got scared and denied everything, then no charges could be filed anyway.

So, unless a victim is willing to testify, the abuser will go free? (unless as stated in the post above, there is some type of evidence like a tape recording, etc)

This really makes you wonder what good the mandatory reporting laws are (a lot of victims would deny based on wanting to remain anonymous and not be hurt further).

[Dude]

(06-10-2011 02:09 PM)RJW Wrote:  So, if I am understanding correctly, even if a victim told a pastor or counselor he/she had been abused, no charges could be filed and no one could be arrested, unless the victim himself/herself was willing to cooperate with authorities and say "this happened to me". Charges could not be filed based on what the victim had told the pastor or counselor? And even if they could, if the victim got scared and denied everything, then no charges could be filed anyway.

So, unless a victim is willing to testify, the abuser will go free? (unless as stated in the post above, there is some type of evidence like a tape recording, etc)

This really makes you wonder what good the mandatory reporting laws are (a lot of victims would deny based on wanting to remain anonymous and not be hurt further).

My experience has been that the victim is frequently very relieved when the detective shows up to speak to them. The number of mandatory reporter cases in which the victim won't speak or is too traumatized to speak is pretty low. The issue for these children is typically that they don't know who to tell or how to access the system. Hence mandatory reporting. The child tells most any "community authority figure" and they can gain access to the system. They don't have to know who the "right" person is to call.

[grace2live]

Quote:Assuming here that the child is the only witness and there is no other evidence of a crime, yes there would be no charges. In some cases, police can prove a case with a "non-cooperating victim." As an example, in one of my cases the child was unable to discuss what occurred and essentially denied anything happened. While serving a search warrant, however, I found a recording system that the suspect used to record the molestations. We prosecuted the suspect without ever needing the child to testify. The suspect now lives in a state penitentiary and will until he dies or is granted geriatric parole (which is unlikely). So you don't always need a victim statement to press charges.

Dude, you're not talking about the Bradley case in Delaware, are you?

[Dude]

(06-10-2011 03:38 PM)grace2live Wrote:  

Quote:Assuming here that the child is the only witness and there is no other evidence of a crime, yes there would be no charges. In some cases, police can prove a case with a "non-cooperating victim." As an example, in one of my cases the child was unable to discuss what occurred and essentially denied anything happened. While serving a search warrant, however, I found a recording system that the suspect used to record the molestations. We prosecuted the suspect without ever needing the child to testify. The suspect now lives in a state penitentiary and will until he dies or is granted geriatric parole (which is unlikely). So you don't always need a victim statement to press charges.

Dude, you're not talking about the Bradley case in Delaware, are you?

No, ma'am. I'm in Virginia.