The Forensic Nurse

children’s author K.P. Bath  was sentanced to six years in prison for possession of child pornography. The author has written books such as “The Secret of Castle Cant” and “Escape from Castle Cant”.

Authorities found Bath’s collection included images depicting sadistic conduct, rape, sodomy and bestiality.  Prosecutors were originally seeking more serious charges of distribution and transporting child pornography as well, but were later dropped as part of a plea agreement in exchange for the guilty plea.

Many victims of sexual crimes live the remainder of their lives, or a good portion of it, in fear that they will be victimized again. They often want to see their attacker locked up forever as punishment for the torment they experienced.

 Some states actually do have laws on their books to do just that. Most people dont even know such laws exist. They are called civil commitment laws and basically say that when a person becomes and has repeatly shown to be an emminent threat to the community as a whole, the govenment has the ability to incarcerate that individual indefinately.   

“The primary goal is incapacitation, that is, protecting society from people who are predicted to be dangerous in the future,” said Eric Janus, author of “Failure to Protect” and dean at William Mitchell College of Law in St. Paul, Minnesota. “The second goal is to provide treatment to these individuals.”

In 1990, Washington state became the first state to pass a civil commitment law specifically for violent sex offenders. Twenty states now have civil commitment laws.

Indefinate confinement of individuals to mental hospitals or treatment centers for those with severe mental illness has been acceptable in the United States since its close to its birth as a nation. Around turn of the 20th century many laws dealing with sexual psychopaths were passed as women gained more and more rights. But as the century progressed the laws were either repealed or rarely applied.

This week the United States Supreme Court is re-evaluating its position on civil commitment based on an appeal. They have upheld the use of such laws in the past when the goal has been rehabilitation and not further punishment. These laws can mandate indefinate treatment even after their criminal time behind bars has ended. Some argue that these treatments could happen while the person is incarcerated rather than after their sentancing.

The case being heard by the Supreme Court this week centers around a lay that has been used in as many as 77 cases where inmates were held in a federal prison in North Carolina under indefinate commitment.  “The justices will decide whether the program enacted under the Adam Walsh Child Protection and Safety Act of 2006 is constitutional by infringing on a traditional state function”.

Alan DuBois, attorney for the federal prisoners, said it was wrong for the United States to claim a public safety argument when justifying continued incarceration.

“This statute is not written constitutionally,” he added. “It effectively does require no connection between the underlying criminal charge and the subsequent commitment. You can be in custody for any crime whatsoever. ”

Lawyer David Hargett convinced the Virginia Supreme Court that his client had a constitutional right to contest his civil commitment.

“I have found talking with people they are shocked to hear somebody can be sentenced by a judge, serve out that entire sentence and then say, ‘Wait a minute, we’re not going to let you go,’ ” Hargett said, calling it a legal “black hole.”

The full story can be viewed on cnn.com

For well over two hours outside a school gymnasium in Richmond, a 15 year old california girl was allegedly beaten and gang raped while a a crowd of approximately 20 people stood by and watched. The crowd managed to stand by and watch, snicker, and even “tweet” about the incident on twitter, the popular social networking site. Not one of them intervened or called the authorities to report the crime.

The reasoning behind why no one got involved gets a little more complex. Some say there was fear of repercussions from the gang conducting the rape and beating. Others say the crowd was overcome with what is known as the bystander effect. The bystander effect is when individuals in a crowd see that everyone else in the crowd is doing or not doing something, and that behavior becomes the accepted social norm. In essense, because no one else was doing anything, it must be ok for me to do nothing.

Some of you may remember the story of Kitty Genovese who was brutally raped, beaten, robbed, and eventually stabbed to death in Queens New York back in 1964. The story gained national attention when it was later revealed that several witnesses heard her scream during the attack during the night, and no one notified the police. One man shouted from his window to leave the girl alone, and the attacker fled, only to return a few minutes later when the police never arrived, and dragged her into a stairwell and stabbed her again leaving her to bleed out in a stairwell.

California has a law that makes it illegal to witness a crime against a child and not report it to police. But in this case technically the crowd did not violate the law which specifies that age of the minor child is 14 or less. The victim in the California gang-rape case was 15 years old.

  “This just gets worse and worse the more you dig into it,” Lt. Mark Gagan of the Richmond Police Department. “It was like a horror movie. I can’t believe not one person felt compelled to help her.”

To date the AP is reporting that five people have been arrested so far in connection with the crime. Three juveniles and two adults.  Richmond police spokesman, Lt. Mark Gagan said that  the three juveniles will be charged as adults. While the complete list of charges is not final yet, the suspects will be facing felony charges like “rape in concert” which can carry a life sentance.

The police were eventually notified when a person called in who had overheard others who were at the scene of the assault talking about the incident. The girl was found unconscious and “brutally assaulted” under a bench shortly before midnight Saturday 

Police have posted a $20,000 reward for anyone who comes to them with information that helps arrest and convict those involved in the attack.

Ben Roethlisberger, the two time NFL superbowl winner with the Pittsburgh Steelers was named as a defendant in a lawsuit filed by a woman in Nevada.

According to court records, the woman, Andrea McNulty, has filed a civil suit against Roethlisberger. An attorney for Roethlisberger ,  David Cornwell denied Roethlisberger sexually assaulted McNulty. He issued the following statement:

“This weekend Andrea McNulty served Ben Roethlisberger with a civil complaint accusing him of sexually assaulting her in July 2008. Ben has never sexually assaulted anyone; especially Andrea McNulty. The timing of the lawsuit and the absence of a criminal complaint and a criminal investigation are the most compelling evidence of the absence of any criminal conduct. If an investigation is commenced, Ben will cooperate fully and Ben will be fully exonerated,” Cornwell said.

* State only pays for abortions when necessary to protect the woman’s life.

Source: Guttmacher Institute 2009

Source: http://www.ncsl.org/programs/health/aborlaws.htm

Background on the National Sex Offenders Registry Our Crimes Against Children Unit at FBI Headquarters coordinated the development of the National Sex Offenders Registry (NSOR) and continues to lead its implementation.

The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 (Lychner Act) required the Attorney General to establish a national database at the FBI to track the whereabouts and movements of certain convicted sex offenders under Title 42 of the United States Code Section 14072. The National Crime Information Center (NCIC) run by the FBI enables the NSOR to retain the offender’s current registered address and dates of registration, conviction, and residence.

The Lychner Act imposed two major obligations on the FBI that became effective October 3, 1997:

1. To establish a national database that tracks the location and movements of each person who has been convicted of a criminal offense against a victim who is a minor, has been convicted of a sexually violent offense, or is a sexually violent predator.

2. To register and verify the addresses of sex offenders who reside in states without a “minimally sufficient” sex offender registry (SOR) program. Today, all 50 states have minimally sufficient SOR programs.

Under the Act, the FBI may release relevant information to federal, state, and local criminal justice agencies for law enforcement purposes only. Public notification will only be made if it is necessary to protect the public. However, the Act specifically states that in no case shall the FBI release the identity of any victim of an offense that required registration of a sex offender.

The legislation also made it a criminal offense for a registered sex offender to move to another state and knowingly fail to notify the FBI and authorities in the new state. Notification to the FBI and state authorities must be made within 10 days upon moving to a new state and/or establishing residence following release from prison or placed on parole, supervised release, or probation. Upon release, each sex offender is notified of their lawful duty to register with the FBI and appropriate local authorities.

The Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration Program, enacted in 1994, provides a financial incentive for states to establish registration programs for persons who have been convicted of certain sex crimes.

Megan’s Law, enacted in May 1996, amended the Wetterling Program legislation to give states broad discretion to determine to whom notification should be made about offenders, under what circumstances, and about which offenders.

Police in Hollywood Florida today announced that Ottis Toole who had long been the primary suspect in the murder of Adam Walsh. John Walsh the boy’s father came to nation attention back in 1981 as he pleaded and worked with police to find his son.

Fisherman discovered the decapitated head of Adam walsh in a river over 120 miles away from where the boy was abducted. The remains of his body have still not been found to this day.

Police were riduculed for their repeated bungling of the case and the case evidence. The bloodstained carpeting found in Toole’s car that would have provided DNA evidence to tie him to the case was lost.

Following his son’s death, John walsh became obsessed with finding his son’s murderer and helping to be sure that other children and families didnt have to endure what he had gone through. 

He gained national attention when he starred in the America’s Most Wanted television show in the 1980s’. After serveral years of hosting the show and testifying to congress, the Adam Walsh Child Protecion Act was passed.

A 21 year old man in austrailia is claiming that he is innocent of commiting unlawful sexual acts with a 10 year old minor female because the acts were consentual on both of their parts.

The Man, Brodie James Watson  is charged with four counts of sexual penetration of a child under 13, six counts of indecent dealing , and one count of possessing an article with intent to injure.

The defense attorney for mr. Watson, Andrew Parker has asked the local magistrate if Watson could live with a relative if he stipulated not to go near the girl or her mother.

The magistrate has denied the request, stating that the acts commited were serious enough that mr. Watson should remain in custody.

Mr Watson stated during the proceeding: “Can we just sort it out right here and right now … because … I am innocent … it was consensual” The magistrate informed him that  “It can’t be consensual if she’s a 10 year-old girl.”

Its quite disturbing that someone is incapable of being able to see that it would ever be acceptable to engage in such acts with an elementry school aged child. Most children of this age can barely decide what to have for breakfast, let alone be able to give an informed consent to engage in sexual acts. We have an age of consent for a reason.

The Georgia Death Investigation Act (O.C.G.A. 45-16-20) requires that the coroner or county medical examiner of the county where the body is found or the death occurs be notified and that a medical examiner’s inquiry be made in all deaths that occur in this state that meet the following criteria:

1. As a result of violence;
2. By suicide or casualty;
3. Suddenly when in apparent good health;
4. When unattended by a physician; no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31 of the Georgia Code.
5. In any suspicious or unusual manner, with particular attention to those persons 16 years of age and under;
6. After birth but before seven years of age if the death is unexpected or unexplained;
7. As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17;
8. When an inmate of a state hospital or a state, county, or city penal institution; or

9. After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.

The Los Angeles Daily News recently reported that the LAPD is a backlog of more than 7,000 rape kits waiting for processing by the LAPD DNA lab.  Some of these cases are nearing the ten year mark, at which time they become inadmissible as evidence due to the statute of limitations law in california with regard to evidence testing. In California, if the kit is tested within two years of the sample collection date, then there is no statute of limitations for it.

The main reason that these kits haven’t been tested yet, is simply manpower and funding. In just five years the demand for kits to be tested has doubled.  According to the article. “In about 2000, the department ordered analysts to keep every shred of cell evidence in rape cases, just in case they might need to test it. Before the change, rape kits were regularly purged from the property division, with the permission of an investigating officer.”

The City of Los Angeles recently approved the hiring of 16 addtional criminalists, but these positions have yet to be funded.