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Sexual assault charges dropped cuz autistic victim cant testify

post #1 of 9
Thread Starter 
http://www.theoaklandpress.com/stori...80311387.shtml
Where's the justice? Isn't it society's job to protect the helpless???

I am hoping and praying that the poor girl stays safe after she is returned to her parents' custody; she had told her teachers that her father has been raping her and her mother wouldn't help her. During the investigation the father was in custody, and she and her brother (who claimed to have knowledge of some of the abuse but he's got Asperger's Syndrome) were in foster care . Now the state has no choice but to drop charges....some other web sites have blogs blasting the state for even arresting the man, but they agree with the defense lawyers, that the girl's method of communication is ineffective and that the injuries to her genitals could be "self inflicted" As if that child would give herself 3 different tears-- I doubt that she would hurt herself that way - where would the "jollies" be in it for her
How traumatic for that girl to appear in court - I have seen witnesses who are normally very articulate flail on the stand- one can only imagine how difficult for the victim in this case
We have a similar case in our county, except the daughter is 'normal'. Our CPS is denying a visitation between mom and child until after the trial because the alleged culprit, the mom's boyfriend, calls the mom everyday from jail and she plans to reunite when he gets released. Guess those "Stand By Your Man" types still exist....
post #2 of 9
Thread Starter 
As a side note on the local case, the mom took the girl's cat to the shelter and it was placed before the CPS worker could retrieve it (I had volunteered to foster it). So much for the kids' heeding the advice "If you're being hurt, tell an adult"...
post #3 of 9
It sounds terrible, and terribly sketchy.
Non acute (not recent) hymen tears are incredibly common among teenage girls, and can happen from normal activity as well as masturbation.
I do not see this as evidence of any assault, not by a long shot.
I also have no belief in facilitated communication. Especially in this case where when the girl was questioned without the facilitator hearing, and then answered with the facilitator, the answers were completely non-sensical. Only when the facilitator was present were logical answers and abuse allegations made, and used "feelings" and emotional approaches VERY uncommon to autism. Very sketchy.
I cant believe they were even ever able to lay charges in the first place. I hope this was all a big mistake, and it seems likely it is. However, if there is any truth behind this story, Lord hope it's in the past and the girl and her brother will be safe and protected from now on.
post #4 of 9
Quote:
Originally Posted by Februa View Post
However, if there is any truth behind this story, Lord hope it's in the past and the girl and her brother will be safe and protected from now on.
If it IS true, and they are still returned to their parents' home, the girl might be in more danger than ever. She claimed she was too scared to testify, afraid her father might hurt her. If the case is dropped, he might get worse (IF it is true) with the feeling that he can get away with it.

It's a scary situation.
post #5 of 9
Asperger's Syndrome is not like other forms of autism.

http://www.bchealthguide.org/kbase/t...8/overview.htm

I'm surprised at the ruling because a person with Asperger's Syndrome are high functioning and it's most often a social disorder than anything else. The ones who decided to not pursue the case need to have their heads examined.
post #6 of 9
Quote:
Originally Posted by Natalie_ca View Post
Asperger's Syndrome is not like other forms of autism.

http://www.bchealthguide.org/kbase/t...8/overview.htm

I'm surprised at the ruling because a person with Asperger's Syndrome are high functioning and it's most often a social disorder than anything else. The ones who decided to not pursue the case need to have their heads examined.
The brother who may or may not have known about the abuse had asperger's, not the girl.
post #7 of 9
This is a very hard case to examine without more information. I can't understand why this girl would make it up. The part about her brother corroborating with her assertions leads me to believe that she was being abused. From what I have learned about Aspergers is that her brother is very capable of telling the truth and is less likely to make up such a lie.
However there are exceptions to everything.
I really don't know what to believe but I think she should never be returned to her parents. It does seem like the mother was playing some hardball underhanded tactics to get the children to recant their accusations.
Something is up here but just what it is, I don't know.
post #8 of 9
Quote:
Originally Posted by CC12 View Post
This is a very hard case to examine without more information. I can't understand why this girl would make it up. The part about her brother corroborating with her assertions leads me to believe that she was being abused. From what I have learned about Aspergers is that her brother is very capable of telling the truth and is less likely to make up such a lie.
However there are exceptions to everything.
I really don't know what to believe but I think she should never be returned to her parents. It does seem like the mother was playing some hardball underhanded tactics to get the children to recant their accusations.
Something is up here but just what it is, I don't know.
I guess what I was saying is that all evidence points to it not being her making it up, but her facilitator making it up (very likely subconsciously). As said before, when facilitator could not hear the questions, the girl did not give the same story. Did not even give coherent responses. Story did not hold up with a different facilitator. I again seriously question the emotional language and implorements used by a low functioning non-communicative autistic. It just doesn't fit. The APA has issued a statement on facilitated communication, that does NOT support this technique, and states it threatens the individual and human rights of the person with autism or severe mental retardation.
see http://www.apa.org/divisions/div33/fcpolicy.html
Never once has facilitated communication held up under scientific study. When facilitators dont hear the questions, subjects do not answer appropriately. When facilitators have been presented with different questions than subject, the facilitators questions have been answered. IMO, it is absolutely deplorable that they ever removed the girl from the home if this is the evidence they had. What psychological distress has caused on this family?
So, I strongly disagree with the last poster. I think she should be returned to her family right away, and I think they deserve a serious apology at the very least. Im not saying its 100% that nothing happened, Im just saying I haven't heard a shred of credible evidence incriminating the parents at all in this case, and plenty to discredit it.
post #9 of 9
Wow, now I am really convinced this was all a tragic error, and horrible violation of that family. I point interested readers to a series of articles
http://www.freep.com/apps/pbcs.dll/a...0316_DICKERSON

There is horrifying detail about how the brother's testimony was obtained, and it is likened to child abuse at worst and "reprehensible" at best. He was lied to, coerced, given false information, yelled at, accused of lying, scoffed at, abandoned....This whole case has been an incredible violation to persons suffering from any form of Autism and their families.
DISGUSTING
If I were that family, or anyone who knew them, I would launch the most massive lawsuit in history. Children removed in separate foster homes, dad in jail for 80 days, mom forced to wear electronic tether, son lied to about father coerced into doubting him, all for no reason. None, no evidence. I have already outlined why the facilitated communication is completely invalid. This poor family. My heart and thoughts go out to them.
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