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Gap in Child Sex Abuse Law Leaves Victims Unprotected

By Brian Collister
KXAN
February 10, 2016

http://kxan.com/investigative-story/gap-in-law-leaves-some-teens-unprotected/

[with video]

A once troubled teenager claims her church preacher and trusted family friend preyed on her weakness and molested her. But when she came forward, police said it was too late to press criminal charges.

Texas has laws to protect children from sexual abuse and seek justice for their abusers, but KXAN has discovered a gap in one of those laws, leaves some young victims unprotected.

The young woman we met recently says she fell into this gap in the law after she put her trust in a youth pastor at a Pflugerville church 10 years ago. She asked we not reveal her identity because she says the pastor molested her in 2006 when she was just 17 years old.

After troubles at home, she says the pastor invited her to live with his family so he could counsel her.

“I was going to their home to overcome my childhood abuse, and I trusted that he was going to fulfill that," the young woman recounted to KXAN. “The physical touching started with a back adjustment and escalated very quickly to him coming into my room at night and pulling up my shirt, my bra, and touching me on the floor of my room."

It took the victim nearly a decade to come forward, first telling her story to a counselor at the Williamson County Children's Advocacy Center in 2013, who then contacted law enforcement.

According to a Round Rock Police Department report, the victim’s parents secretly recorded a conversation, presumably with the pastor, in May of 2007. The investigator states in his report the man on the tape "did not outright deny the allegations," but said "mistakes were made," and he "did not want to say anything that could be used against him in court."

In the recording, given to KXAN by the alleged victim, the man admits to touching her. “It started with a back adjustment, which is a hobby of mine, and people have seen me do it, and so on, and it moved to a side adjustment because she had a shoulder blade thing and in the process of it, I did touch her breast,” said the man being recorded, who the young woman and her parents say is the church pastor.

“One time?” asked the young woman’s mother. “No, two times. I think it's two consecutive weekends,” the man replied.

At the time, the parents consulted with an attorney who said it would be their daughter's word against the pastor's and that prosecution would be difficult; therefore, the family chose not to notify police.

The Gap in the Law

But this case never went to court because of the gap in current state laws. If there is no penetration, an abuser can only be charged with felony indecency with a child, if the child is 16 years old or younger.

Sexual assault of a child is a felony crime under Texas law when the victim is 17 years old, or younger. But for all other kinds of sexual abuse, the law only covers victims up to age 16, not 17.

Since she was already 17 at the time of the alleged abuse, the only possible charge authorities could charge the pastor was misdemeanor assault, the investigator noted in his report, which has a statute of limitation of two years to report the alleged crime. Indecency with a child has no time limit for a victim to come forward.

"Victims like me can't come out five years later and get the kind of justice that we deserve and that we need to heal and move on," said the young woman.

The idea that there are cases falling through the cracks is being addressed by a local law maker.

"People who are a victim of this sort of crime, my heart goes out to them,” said State Representative Tony Dale, R-Cedar Park, who has worked to pass laws to help sexual assault victims.

"A lot of these folks that are victims of this kind of crime don't report it right away. And we've got to give them more time than just two years, especially for kids that are 17 years old," said Dale.

The pastor declined an interview, but emailed us saying the police report contains: "...grossly exaggerated allegations against [him]. [She] was a guest in [his] home as have dozens been over 20-plus years. She progressively manipulated opportunities... to benefit her, much like she is doing now through her most recent claims."

"The physical touching started with a back adjustment and escalated very quickly."—Victim

We are not naming the pastor because he was never charged nor convicted of any crime.

"I saw him as a preacher. I saw him as a counselor. I saw him as a mentor," the young woman said. "I think the biggest reason I'm sharing my story is one, I want to protect the other future victims out there."

Several states, including Arizona, Maryland, Minnesota, Montana and West Virginia have closed the age gap to protect 17 year olds from sexual assault. Dale says he'll probably take the same approach to give victims a longer time to come forward.

Signs of Child Abuse

The Children's Advocacy Centers of Texas says signs of child abuse can be subtle, and in many cases, nonexistent. For parents, there are some signs that might indicate your child is being abused.

Unexplained injuries

Changes in emotional behavior

Returning to less mature/younger behaviors

Fear of going home

Changes in eating

Changes to sleep patterns

Changes in school performance or attendance

Lack of personal care in hygiene

Risk-taking behaviors

Inappropriate sexual behaviors

 

 

 

 

 




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