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I am in favor of placing true child molesters in prison for life. I am in favor of the system going to the trouble to prove it's charges, before the destruction of lives and families.
I am not in favor of abuse of children by a government system which supports lies and tips without names.
I favor truth, responsibility and integrity in our court systems.
The Justice Department informed me that 76% or more of all defendants take a plea, make a bargain. Let's stop making deals and put the guilty in prison where they belong and let innocent people live their lives
Guilty Till Proven Innocent
Many families in this country have discovered that when unjustly accused of child abuse, especially sexual abuse… you are Guilty until and unless you can prove your innocence.
The ability to prove your innocence depends on having at your disposal large sums of money, mounting to $100,000 and up. You need the best defense attorney you can afford, you also require experts to test you and then testify that you are not a pedophile.
It generally comes down to your word against the word of a confused child and a social worker.
Many people assume that if you are accused you must have done it. Child Protection Services constantly fill the media with horror stories of children abused in the most horrible manners.
While abuse does indeed take place in this country, it is not the case that 1 in 5 girls and 1 in 6 boys will be sexually abused before their 18th birthday. This is the propaganda used by the Government to continue support for an invasion into American homes and the destruction of families.
Recently we have seen defendants released from prison after having been charged with and found guilty of heinous child abuse. The children pointed to the day care workers and stated that horrible things had been done to them. Yet these decisions are now being overturned as investigations that should have been done during trial are discovering that the children were interrogated and purposely misquoted.
How does this happen? How many people in this country are affected by this horror of false accusations? How many of these defendants end up with a guilty verdict and why would any of them plea guilty when they are not?
In an interview with several attorneys, paralegal and with research help from ADAA I have found that upwards of 75% of defendants plea to guilt. Many of these do so due to their attorney finding that this is a faster, easier way to end the case.
Imagine if you will that you are an average family. Perhaps a stepchild lives in the home with you. You as the stepparent refuse to allow the stepchild to go somewhere, or to have a new stereo. The stepchild remembers all the “education” at school and just to get even picks up a phone and calls CPS hotline. She may or may not intend to destroy her family; she may just see this as a way for a little revenge.
The next day a Social Worker and a few local Sheriff deputies pull into your yard.
Your family is threatened into cooperation. The worker takes the stepchild into the back room and asks her questions.
Has your stepfather ever touched your arm, your leg, has he ever seen you in your underwear, without your clothes? Have you ever seen him without clothes?
If the child answers yes to any of these questions You are arrested and charged with sexual child abuse. If the child answers no, the worker insists this is a symptom of child abuse, the child covers for the abuser.
The child and other children are removed from the home and the battle begins.
Therapy is given with the intention to “prove” that sexual abuse has occurred.
Other children are questioned. Small children generally answer yes; they have been touched. It’s hard to change a diaper, wipe a little behind or conduct a bath without touching a child.
The stepfather finds himself in need of thousands of dollars just to retain an attorney. If he can not afford one, the court appoints him one.
Public Defenders are paid $30.00 an hour for out of court work, $40.00 and hour for in court work. They can apply for an additional $30.00 an hour for additional overhead.
Now how much work do you think an attorney making this small amount is really going to put into defending this man?
Remember too, that most lawyers don’t really want to buck the system. They have to show up in the courtrooms daily. They may also want to run for office one day, and the public does not favor those who defend child molesters.
Our family is now deeply in debt, or saddled with an attorney who does not have his heart invested in the case. The children are in foster care and CPS bills the family for child support and medical support costs. The family also has to pay for tests and counseling.
This case drags on a year or more. The father is not allowed back in the home or the children must stay in foster care. He is working two jobs to keep up two households and the mother is trying to keep the family together while working to help pay the bills.
The children are now all in counseling due to the trauma and stress of court appearances, forensic interviews and the father/step father being out of the home.
At this point even if the step child recants the social worker assures the family court judge that this in nothing more than a symptom of child abuse or worse yet that the Mother is now using the children to protect the guilty child abusing father.
The mother is often threatened that if she supports her husband she will loose not only physical custody of her children but legal custody as well.
As time passes the child grows older, is given therapy, which actually helps to “plant” memories of abuse, and the “evidence” against the accused grows deeper in hearsay. There is no physical evidence, just one persons word against a frightened child and a determined social worker and GAL, court appointed attorney for the child.
When court day finally rolls around the attorney for the stepfather comes in the room and says he has some good news. The DA has offered a deal. If the man will plea guilty, he will receive probation. He can work on restoring his life and his family. He may have to do a little counseling along with family counseling but this beats the real possibility of 30 years or more in prison.
What would you do?
The numbers show that in cases like this it is very difficult to prove your innocence. There is no physical evidence, just a child who most likely will not testify. Her story will be told by a social worker.
Most take the deal… even if they are innocent.
For more information on this subject go to
http://www.profane-justice.org
Donna Devane
I am in favor of placing true child molesters in prison for life. I am in favor of the system going to the trouble to prove it's charges, before the destruction of lives and families.
I am not in favor of abuse of children by a government system which supports lies and tips without names.
I favor truth, responsibility and integrity in our court systems.
The Justice Department informed me that 76% or more of all defendants take a plea, make a bargain. Let's stop making deals and put the guilty in prison where they belong and let innocent people live their lives.
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Good article.
Elizabeth