Reflections on watching a sentencing hearing in a child sex case

Hutz

Trained the prosecutor on this case. He’s about 26 and this is his first case. He’s doing a damn good job. The case is a tragedy. Step-father on daughter, although the daughter grew up thinking he was her bio father.

The victim is now 14. Abuse started when she was about 10. She finally disclosed to her mother last year. Not the best disclosure circumstances- she was ’sexting’ a boyfriend and mom found a compromising picture of her on her cell phone. Girl started crying and said that she felt all screwed up, partly because her father had been doing x, y and z to her for years.

Of course there was a ready-made defense at that point- she made it up to avoid getting trouble for sending pictures of her breasts to some kid. It’s rarely a viable defense; most kids don’t make up sexual assault to avoid getting out trouble, even major trouble, let alone display the ability to concoct text-book grooming behavior and a years long progression of abuse. But it works surprisingly often. And unfortunately, a lot of kids disclose exactly when they get in trouble for something else they did- usually some small thing, and particularly a sexually involved thing. They do so often because a sense of justice kicks in, or they make on some primitive level the connection between what they’re driven to do and what’s happened to them. So they just leak it all out. And it creates a ready-made defense.

Thankfully this guy pleaded guilty and admitted to just about everything. And there was compelling medical evidence and DNA- the last assault was only a day before she finally disclosed. He’s looking at 25 years- we’ll see. I’d have been lucky to get 18 months for this case in the Bronx.


Leave a Reply