Sexual Abuse Support Group

Sexual abuse is a relative cultural term used to describe sexual relations and behavior between two or more parties which are considered criminally and/or morally offensive. Different types of sexual abuse involve: Non-consensual, forced physical sexual behavior such as rape, incest or sexual assault, or psychological forms of abuse, such as verbal sexual behavior or...

3,544 Members
16,257 Posts
0 Online
Personal Challenges
/ Sexual Abuse Support Group

New State Laws make it more difficult to prosecute

Refuse2quit
Refuse2quit
I have just finished reading an article in our local newspaper that is SO discouraging. In the state I live in, Indiana, the courts have just passed rulings that make it more difficult to prosecute child molester. Three cases in the last 4 years are really making it VERY difficult to prosecute such cases. In 2009 a Supreme court ruling stated that if a child is going to testify in person at the trial, no previous tape or video recording testimony of the child could be entered into evidence against the offender; a similar Supreme Court ruling in 2010 strengthened this ruling. In other words, if a child is recorded telling a 911 operator that his/her father/ mother or other adult has molested them. if the child is going to testify in person in court, the tape is inadmissible! Now the latest blow is from a case involving a man who was convicted of molesting his 6 year old daughter and her friend. The daughter described the molestation to a nurse at a sexual assault treatment center. The man's conviction involving his daughter was overturned because the child may not have understood that she had to tell the nurse the truth. In this case, the child recanted when she went to court to testify and her father AND MOTHER (who is supportive of her father!) were present and staring her down. The child was 8 years old in a room of strangers AND HER PARENT'S and she recanted. Duh! So now, the testimony of emergency or sexual assault doctors and nurses will be harder to admit as they now say it is "hearsay" - these professionals were exempt from hearsay rulings in the past due to the nature of abused children.
I just can't believe that, in this day and age our justice system is so unjust to children. There are SO many reasons children do not report, and now if they do, their reporting may not be admissible. They say it "balances the scales" so that innocent adults are not sent to jail for something the child "made up" - I AM FURIOUS!
Just wanted to let you all know that Indiana is taking a HUGE step back in it's defense of children.
This is SUCH a screwed up system!
Refuse2quit
Refuse2quit
Refuse2quit
BTW - the man is still in jail for molesting the daughter's friend, but if it weren't for that, he would be out scot free!!!!
AAAARRRRGGGGHHHH!
Refuse2quit
deleted_user
deleted_user
I cannot put in words how stupid it's that, it's so unfair! But it's the same in my country (Mexico) or worse. Once I was walking downtown with my mother and a guy grabbed my crotch, just like that, my mom called the cops, they got them, went to the police station and the first question the officer asked me was what I was wearing, I was wearing jeans, but even if I would be wearing a mini skirt it's no excuse, then he asked me what this pig did, told the officer what happened and his response was "but he only touched you? that's not a crime"
So basically, everyone can touch and grab any part of my body and I should be ok with that, it's disgusting and I hope all those kind of people suffer a horrible dead and burn in hell, I know it's wrong, but that's how I feel.
deleted_user
deleted_user
We are about the same up here (Canada). An example is a person up here will do more time abusing an animal than a child. Well we shouldn't abuse animals, but there's just no logic within the system. Often most perps only get probation. In one highly publicized case the judge felt the perp "suffered" enough by all the ridicule he had to endure, the public outcry was incredible, an appeals court later overturned this decision and gave him 5 years, but with good behaviour he'll probably be out after serving 18 months, there were 4 victims, his hockey players and others who wouldn't come forward. Most everyone here is serving a sentence of bad dreams, triggers and horrid memories which will last a lifetime in most cases. I'm currently 48 years into my sentence, so much for "what comes around goes around". It really makes me wonder who the courts are truly trying to protect, after all child exploitation (on all levels) is a very big money making industry, globally. I do wonder who's lining their pockets, obviously they control the court system too and keep the punishments lax, just in case they are ever caught. It makes sense to me, but what do I know....
chris1976
chris1976
I have said it many times. it's a mistake to rely on the law for closure. In no way I'm saying to take matters in our own hands, but the legal system is not something that survivors can count on. Even if the person gets prosecuted, the process of getting the abuser into jail can be as traumatic.

Why the system is like that? My theory is that many people who have something to hide have the power to influence the system. I mean, why on Earth does a law have to change? What possible reason has to be there for protecting abusers and further traumatize survivors?

Abuse stops with us. I have yelled at mothers in the bus that mistreat their children, I report anything I see is inappropriate to the authorities, and of course, I don't abuse people. That's all I feel I can do. When I can advocate for better laws I do. But the process is beyond ridiculous, especially in corrupted cities like mine.
deleted_user
deleted_user
Also reminded other part of the mexican "justice" system, we are really new to the whole trial thing, the most used thing is something called "careo", you could translate that to "facing", what happens then it's horrible, you go into the prision facilities with your lawyer, and then you will literally face the person you're accusing, the only thing separating you from them it's some prision style bars, you have to stand there, in the abuser's face and say what they did to you, they will defend themselves right there, in front of you, can you imagine how horrible and traumatic that is for a sexual abuse victim? for any kind of victim actually, it's worse than a trial, because you're not only seeing your abuser at 10 feet, it's literally in your face, 1 feet from you, and you have to tell them what they did to you, and exactly the same process applies for children.
Shai
Shai
the justice systems are protecting the perpetrators and not the victims. it's just that simple. wouldn't it be easier to prove your innocence than your guilt? or is my thinking backwards?

in my mind, it would be easier to prove innocence. plus....if you're innocent, you'd fight harder to prove it. the way the system is...you can commit the crime and not get arrested until you're caught or some type of evidence is found....but even when there is evidence...there may not be "enough"....and you walk.
deleted_user
deleted_user
Shai, in theory and when it comes to sex crimes I think I agree, but in my country that's how it works in general, you are guilty and you have to prove your innocence (except when it comes to sex crimes, if you're a woman, you must have done something to provoque it).
But when it comes to all the other crimes, you wouldn't believe all the innocent people that are in jail just because they cannot afford a lawyer, or because of the corruption in the government, police, in the whole country in general, it's easier to get a scapegoat just to keep people happy and let them think they catched the real criminal instead of actually doing their job and get the real criminals.
It's just so sad to see how the world works.
Shai
Shai
Wow....that sucks.....I dont like the justice system....lazy...
notalone00
notalone00
ifeel bad for posting this, but also to add to the horror of abuse ( part of the reason i never pushed anything that happened to me( plus beinga boy in that day and age, but thats something different...)) there are "advise" sites that say if you are being acused of hurting a child sexually, take it to the jury, do not plea it out...you have a better chance of "winning" if you take it to trial, than if you plead out.... im so sorry to post this, but here in the state, its really getting messed....no, correction...it IS messed up. and strangly, boys are still "not victims" in any sexual crime... he must have "enjoyed" it, cause boys "show" thier excitment (trying to be polite here)...and girls cant be victims cause they dressed, looked, sounded, or any number of things...girls did it to them selves, they "desearved" it...

i did know of a female in one of our small towns that was well known for claiming rape... she would get the guy to go to prison, then recant again...time after time...not saying that they didnt rape her, but she would claim it just for laughs ( i was friends with one of her friends...my friend would come to me and tell me who she was doing itto again...plus she knew it was unfair to the teen boy so she talked to me...)....

wow, i AM long winded...(its going to get to the point no one reads my comments..if anyone is reading them now....)
annieoakley75
annieoakley75
This is part of the reason why I have no faith in the justice system. Oklahoma courts are just as bad. Ours are geared toward drug busts. And as sad as it is to say, that takes precedence over child molesters every day. You can be a known child molester and be ok as long as you can turn some people in for drugs.
Refuse2quit
Refuse2quit
Yes, our justice system is screwed up - and the victim is often revictimized by the system; but, the more that people speak up and the more public outrage we show, someone has to hear and take note! Again, in the US you are innocent until proven guilty and molestation is so hard to prove in many cases - especially if the abuse happened for a long period or has ended sometime before the charges are filed. But to just accept this is not acceptable. We elect our officials and we should be talking to them about this. I will be writing my congressman and sending them a letter they will not forget anytime soon. Let me urge other US citizens to do the same. First they cut the funding to our Child Protective Service programs and then make it even more difficult to prosecute - NOT acceptable in my book.
All my best to all of you - I will do what I can, and I urge you to do the same - it can be very powerful in healing!!
Refuse2quit
Bandmom5
Bandmom5
Here's a very comprehensive site that has tons of info about child sexual abuse http://www.mosac.net/ for anyone interested in learning more about it--causes, reactions, effects, etc.

???Balances the scales for innocent adults because of something the child may have made up??? The child had to be exposed to this SOMEHOW!!! They don't just come up with this stuff all on their own!

I'm in NJ and we have some of the more strict laws in the US regarding child sexual abuse. My son's offender had an aggressive lawyer with an aggressive private detective who made it fairly difficult for us to do anything but accept a plea, so he basically got a slap on the wrist because the judge felt he was just immature--at age 24 in a teaching position! The many comments in response to the newspaper articles in favor of the offender and against my son were horribly abusive and disgusting. Our justice is in the fact that the offender can't be a teacher like he dreamed about forever and my son just graduated summa cum laude -- with a degree in education!
Refuse2quit
Refuse2quit
Bandmom:
I am SO glad that your son has been able to make his life one of a positive example - it just goes to show that yes, a person CAN overcome the negative effects of abuse.
And to all the others - our justice system is messed up and again, I can't stress how important it is to support and push tougher legislation for abusers. And It is true - no child "makes up" the details of abuse, especially if they are too young to even understand what is occurring - just boggles the mind doesn't it?
Anyway - keep badgering your legislature to get tougher on child abuse and let them know we do not accept failure in this area!
Refuse2quit
Posts You May Be Interested In
  • Community LeaderSunCloudJD

    Hey All!!

    Posted by: SunCloudJD
    Last Reply: malibumark
    4
    Middy is off for a bit so if anyone needs a CL please just give me a shoutSending a big hug...xo
  • ButterflyLover

    He ruined my life

    Posted by: ButterflyLover
    Last Reply: ButterflyLover
    6
    I was sexually assaulted as a kid.  I find it hard to accept that another person's actions caused me so much harm.  He made bad choices and now I am paying the price.  Stupid PTSD!