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Why Have Courts Ignored The Evidence

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Child rape is serious enough, an accusation alone can ruin the life of a person. What if there were a test that can exonerate a man from such a charge? Well there is, and no one is using it. Why? It could also prove, when a child discloses, that the person they are naming has the required predetermination towards pedophilia or the accused is not telling the truth.

I am currently in touch with a woman, Karen, who lives in the Boston area. She has two young sons who disclosed that their father was sexually molesting them. The case is in a Pennsylvania court, near the same courts that were found to be jailing children for money.

The boys were in the custody of their father and living in Pennsylvania. The mother had fled the abusive marriage. Father is an airline pilot and mother is an emigre from another country. She entered this country legally after meeting the father. He had promised to sponsor her for citizenship, but once married, refused to sign the papers. Her passport has now expired and she is forced by the courts to remain in this country illegally, unable to work and support herself or her sons. "The U.S. Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse." [i]

The suspicion of sexual assault was first raised by teachers in their preschool while in the primary custody of the father. The boys were displaying behaviors consistent with knowledge of sexual activities far beyond their ages. The older boy would grab two male dolls and emulate anal sex. The other, younger one, had an prostrate infection at just over one year of age, a condition consistent with sexual abuse. It was only after the attention of the teachers was raised, that the boys, first the older, more verbal one, disclosed to their mother and her new husband. Some time would pass before the younger boy would disclose.

The mother's first reaction was one of disbelief. Surely a father would not harm their own child. She, like most people facing a situation of this type thought these sort of things were done by strangers or near strangers, not by a biological father. Research indicates that 30% of child molesters are an immediate family member.[ii] When the indications from other sources became known to Karen, she did everything right.

She contacted Child Protective Services in Pennsylvania and filed for a change of custody. Child Protective Services investigated the claims of the children and concluded there was enough evidence to substantiate the claims of the boys and recommended to the courts that the children be placed with the mother. The court agreed and that should have been the end of the matter, but it is not.

The District Attorney failed to file criminal charges against the father, leaving the door open for him to regain custody. Under Pennsylvania law, if there is no criminal finding, the records of the charge of sexual abuse of a child can be sealed after one year. Complacent District Attorneys are loath to sullying the name of an identified child molester. After one year, this monster of a father has had his record sealed and has filed to regain custody of the boys.

The reason? He would have to pay child support, which was ordered by the court but never paid by him. It is interesting that, in most states, a noncustodial parent must be in arrears for one year before a claim for arrears can be filed; one year for records sealing and one year to collect arrears. The courts have set up a scramble. Who can be the first to file? Where can the lawyers make the most money? In a custody battle, of course. Another case of the American Mafia making money off the victimized children.

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Cases of this type would never exist if the courts automatically employed technology. But, if they did, the American Mafia would not make money off the bodies of victims. It would revolutionize the business of law and limit the amount of money that can be made by those who would encourage litigants to file cases for financial gain. There are two pieces of technology that could be used in this case, and these two boys would not be put through further trauma.

First, Mt. Sinai Hospital, Toronto, Canada has conducted blind studies of hormone levels involving both known male pedophiles and non-pedophiles. In pedophiles, it was discovered that the presence of two of six hormones were elevated in all of the 26 male pedophiles studied, but not in the 16 male non-pedophiles. These two hormones are Luteinizing hormone (LH) and folliclestimulating hormone (FSH). A blood test after an injection of gonadotropin releasing hormone (GnRH) reveals the elevated levels of these hormones only in pedophiles.[iii] Though this is not an indicator that a crime has been committed, it is an indicator that there is a propensity to commit the crime, which would bolster any case. It could serve as the motive component in the motive/opportunity equation.

The second technological advancement is the fMRI or functional Magnetic Resonance Imaging. Since the first reporting in 1991 ability of the fMRI to measure the oxygenated blood to the brain revealing which part the brain is handling critical functions such as thought, speech, movement and sensation, called brain mapping. To simplify, in the brain of a person who is telling the truth, there are only two centers of activity involving one side of the brain. When a person is telling a lie, six parts of the brain involving both sides, show increased activity caused by the increased oxygenated blood flow to the brain. Lie detectors are notoriously unreliable and can involve variations in results stemming from prepping the participant to drug usage. Results of testing often cannot be replicated. According to the No Lie MRI CEO, Joel Hulzemga, they can accurately predict a lie in 90% of the cases and the results can be replicated accurately in 100% of the cases. More importantly, the results of testing may lay in the ability of the test to detect the truth. The lack of brain activity associated with truthful answers can be used to obtain a not guilty verdict.

In Karen's case, the father had taken a lie detector test which resulted in what is referred to in legal circles as a "yellow screen", or inconclusive results. Lie detectors rely on stress measurement. Karen's ex-husband is a pilot and is trained to control stress in normally stressful situations.

Family courts are the initial courts to hear child abuse charges. These courts do not operate on normal rules of self incrimination. DNA testing is regularly ordered to prove or disprove paternity, though in criminal courts, DNA must be collected either with the permission of the subject or serendipitously. If these courts can use rules that are counter to burden of proof involving one are of investigation, they should not be allowed to reject technology that can be used to protect children from court trauma or sexual abuse. The only reason not to employ these technologies is the money that can be made off these cases.

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Further, the only reason to seal the record of an identified abuser is to insure future earnings. Abusers cannot control their acts of abuse and must repeat these acts, either on a previous victim or on a new, unsuspecting one.

The only way to end the control of the courts by the American Mafia is to end the control they have over the use of technology. The cost of these continuing cases in the courts is enormous to taxpayers, but the cost to victims can never be measured.

[i] U.S. Advisory Board on Child Abuse and Neglect. (1995). A nation's shame: Fatal child abuse and neglect in the United States: Fifth report. Washington, DC: Department of Health and Human Services, Administration for Children and Families, p. 253.

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Survivor of and activist against violence on women. In America, only 5% of rapists are convicted. 32% of women live in domestically violent situations with no way out. Courts are less likely to believe charges of sexual abuse of children made by (more...)

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