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Technicalities, Suppression, and Brokered Deals Disrupt Justice

July 16, 2021

Due process under law is one of the great rights we are afforded as American citizens. The discussion of policing, prosecution, and penalties is at an all-time high, and the legal basis for criminal prosecution is garnering unprecedented attention. Yet, time and again in our nation, the prosecution of sexual crimes and crimes against children, as well as the rights of victims and survivors, has been overlooked and misunderstood.

The recent release of Bill Cosby from prison was a blow to sexual assault victim’s rights advocates and a gut shot to many survivors. The revelation that his due-process rights had been violated through a technicality does not exonerate Cosby of wrongdoing; it only suggests that the legal basis for his prosecution could be overturned. However, a man convicted by a jury of his peers walks free. This case has received a lot of public attention due to Cosby’s celebrity status, much like the Jeffrey Epstein case, arrest, and death in prison.

Despite the heinous circumstances and information revealed in Mr. Epstein’s last arrest, it is his indictment in 2007 and plea deal in 2008 that is so incredibly concerning. As reported by the Washington Post, “Federal prosecutors detailed their findings in an 82-page prosecution memo and a 53-page indictment, but Epstein was never indicted. In 2007, Acosta signed a non-prosecution deal in which he agreed not to pursue federal charges against Epstein or four women who the government said procured girls for him. In exchange, Epstein agreed to plead guilty to a solicitation charge in state court, accept a 13-month sentence, register as a sex offender and pay restitution to the victims identified in the federal investigation.”

In 2007 and 2008, there was more than enough evidence, witnesses, and testimony to charge and convict Mr. Epstein for numerous counts of sexual assault with minimal penalties of 10 years. However, he was able to work in prison six days a week, and travel to an office unsupervised for the entirety of his mere 13-month sentence. The identified victims who filed the complaints leading to Mr. Epstein’s indictment only found out about the deal when it was too late to contest it; they were never consulted by the prosecution. Once released, Mr. Epstein returned to the commercial sexual exploitation of children until his subsequent arrest and death.

Similarly, Larry Nassar, the now-disgraced former USA Gymnastic national team doctor, was arrested and sentenced to consecutive life sentences only recently, despite the numerous reported accusations, red flags, and victim and parent testimony to law enforcement and institutions for nearly 20 years. Additionally, in a now completed and released report, it was found that even when there was significant reports and evidenced submitted to the Federal Bureau of Investigation (FBI) the lack of investigation and action allowed a situation where “Nassar  continued working with athletes for more than a year while the investigation languished. The report said that ‘according to civil court documents, 70 or more young athletes were allegedly sexually abused under the guise of medical treatment’ during that time. However, an attorney for survivors said Nassar molested at least 120 more women and children.”

The sheer magnitude of victims stunned the nation already on the leading edge of the #MeToo movement, but the damage from gross negligence of systems spanning states and time was already done.

While the cases of Bill Cosby, Jeffrey Epstein, and Larry Nassar are notorious and have come to the public light only after the last few years, they are endemic of a system that doubts survivors and favors ease of prosecution. These three cases are a drop in the proverbial bucket of sexual assault, sexual abuse, and commercial sexual abuse cases in our nation. Much like the conversation of racial bias in policing and prosecution, we still have a long, long way to go for the greater public and legal systems to understand the neurobiology of trauma in children and the credibility of survivors of sexual assault and abuse. With increased education and exposure, we can change public perception and the way cases are investigated and prosecuted, removing barriers and allowing for adequate legal representation for victims.

One of the regular questions we get from a community perspective when detailing the investigations we support is: “Do children have to testify in court?” and the answer to that is: yes. The follow-up question is usually, “Well, what if they are 5- or 6-years-old?” And the answer is still: yes. “What if the alleged abused is a family member, or a parent?” Yes.

It is often that because of all of these “yes” answers, when a family or child is asked if they want to continue with prosecution, the answer is “no.”

In a time when we are discussing the full extent of the law, legal process, due process, investigations, and prosecution as a country and a community we should also be asking: how are victims of crime being represented? Are they being represented enough? In the public eye, we are often seeing that the answer to that is “no.” What about outside of the public eye? How many more instances of abusers walking free on technicalities are there? How many more reports are going uninvestigated? How many more deals are being made without the voice of the survivor involved?

At Children’s Cove, we work collaboratively with multidisciplinary partners to ensure that children have a voice that is heard. We work to empower survivors and support them in finding the healthiest outcome in their lives. At times, this comes at the expense of seeing the individuals who abused or exploited them receiving a fitting consequence for their actions. Other times we do see it. For all these instances, it is a long and difficult process for survivors.

We can do better for justice.

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Are we back to “Normal?” We hope not.

June 10, 2021

In Massachusetts, the COVID-19 pandemic state of emergency is over. For those who chose to get vaccinated, this means much of life can return to normal: dining out, shopping, visiting with friends and family, and giving hugs. As we move forward into this post-pandemic world, it’s not uncommon to hear, “I’m so glad things are getting back to normal.” However, it would be unwise to assume that everything is going to return to the way that it was. Technological innovation, for example, has permanently changed the way we work, go to school, socialize, and connect. And this integration of technology into our everyday lives will continue to expand—along with the associated risks.

This year, we have been diligent in addressing the increased risk of online sexual exploitation, as our children—and sexual predators–have spent more time online now than ever. The numbers of newly reported cases of child sexual abuse by the National Center for Missing and Exploited Children, as well as the Federal Bureau of Investigation, have only continued to climb since the onset of COVID-19. There has also been a surge in childhood exposure to internet pornography and unsolicited child sexual abuse material in their online interactions. These issues will pervade during what we had dubbed the “new normal,” and we urge you to keep the conversation open and ongoing.

One of the amazing things we at Children’s Cove experienced during the stay-at-home order was the sense of community online and a willingness to reach out for help. In response to this significant call for action, we launched our #IU2U, It’s Up To You, campaign, which included a commitment that parents and children discuss together to focus on the importance of their online safety, called The Pledge. We also started a new video series, kicked off by our Virtual Block Party event on April 27, during Child Abuse Prevention Month, which can be found on our YouTube channel. We have implemented these programs and resources because we know there is a demand for them. The risks for children online and in their digital lives are only going to increase. Just like body safety, discussing online safety is equally important for children now, and setting that tone for the future as well.

Please, take the time to have the conversation with your children about body safety AND online safety. Have these conversations early and often. We are excited that we can reconnect and reengage with our community, but there are some elements of returning to normal that we do not want back. We do not want to continue to be reactive to abuse after its happened. Instead, we hope to make the shift to being more proactive in the prevention of the child sexual abuse and advocating for our children’s health and safety, both in-person, and online.

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Summer Planning Safety and Prevention

May 17, 2021

It is May; birds are singing, the bees are emerging and buzzing, flowers are blooming, and spring is more than in the air. However, what is beginning to creep into the minds of parents is: summer break! Last year guidance from the state made many summer camps and programs either unable to open or offer day programming only. With many parents working from home, a lot of children did not go to programming over the summer. With the successful roll out of vaccines increasing, reopening plans emerging, and many aspects of life returning to “normal”, the opportunity for increased summer programming for children also seems to be a reality. Whether you are looking into programs and activities for your child, or if you are a friend or family member of someone who is, we ask you to invite a question in your search: “how seriously does this program take the safety and prevention of child sexual abuse?”

Yes, we know, this is probably not on your top 10 list. Price, hours of programming, overnight vs day, are there swimming or sailing lessons are typically more in the minds of parents and caregivers. However, how an organization responds to emergencies should be part of this decision making, and discussed by camps and programs. But rarely do organizations openly discuss their prevention strategies, protocols, and procedures regarding child sexual abuse. There are many reasons this happens; the belief that it doesn’t happen, the increased pressure for focuses elsewhere, the excessive requirements for compliance from oversight boards in other areas, and stigma. However, this should not detract from an organization’s responsibility for the protection of the children in their care.

As we discussed in March, we believe that every child serving organization has an inherent responsibility to address child sexual abuse. However, without the pressure beyond required minimums there is no other force to ensure organizations are following through on the prevention of child sexual abuse: except for the parents and caregivers who send their children to their programs. As with many other instances in our society, the power of the consumer of services and products share a collective voice. If there is a large enough voice addressing the need for safety, prevention and dialogue about child sexual abuse, we will make a community that is safer for children and deny the ease of opportunity for predators to work in child serving organizations.

When looking into summer programs and camps this year, here are some questions you could add as a part of your process:

• “What type of training does your staff receive to recognize and respond to possible sexual abuse?”
• “What are your reporting guidelines for alleged sexual abuse involving a staff member?”
• “Do you allow staff members to be alone with children?”
• “Do you have a copy of the staff handbook I can review for your procedures and guidelines?”
• “What background checks do you have in place for your staff during hiring?”
• “How are children kept safe and given privacy during times they may be changing, showering or using the restroom?”

These questions are no different than inquiring about protocols around sports, swimming, archery, working with animals, or science: they are about safety. Parents and caregivers cannot take the risk of not knowing what child serving organizations are doing to keep their children safe, as much as the organizations themselves cannot take the risks of making it easy for predators to enter their employment. Mutual accountability, transparency and discussion is how we reduce the stigma and increase the safety for children. These approaches are how we will create a community where children are free of abuse, have a voice that is heard, and where they enjoy healthy, safe, and empowered lives.

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