BENTONVILLE — A Rogers mother allowed her 13-year-old daughter to have a sexual relationship with a man.
Another mother allowed her boyfriend to sleep in the same bed with her young daughters. The girls eventually disclosed they were sexually abused. The mother may have even been aware of the allegations, but the sleeping arrangements didn't change.
Both of the mothers' actions could fall under the Arkansas permitting abuse criminal statute. However, only one parent was charged with a crime.
Not all parents or adults face criminal actions when it comes to the crimes. Benton County Chief Deputy Prosecutor Stuart Cearley said each case must stand on its own merit.
"Each case is unique and depends on the individual circumstances of the case," Cearley said. "The one case I've dealt with it was clear that the parent was involved in helping to facilitate the abuse."
There's only one active case now in the Benton County Prosecuting Attorney's Office. Prosecutors have not filed a formal charge against Christy Ann Goffe, who was arrested last month. She was arrested in June after telling authorities she suspected her husband was sexually abusing a child but never reported the suspicions.
Prosecutors filed charges in four cases in 2009, four cases in 2007 and three cases in 2005. Washington County could not provide similar statistics.
Permitting abuse of a minor is a crime punishable with a prison sentence ranging from five to 20 years.
Examples Of Cases
Prosecutors are faced with a balancing act at some moments when deciding whether to pursue permitting charges.
Mary Joetta Garland, 33, of Rogers is spending at least the next two years of her life in prison. Her crime? She was aware that her 13-year-old daughter was having a sexual relationship with a 20-year-old man.
Garland admitted she allowed the girl to spend the night in a motel with the man, according to court documents. Circuit Judge David Clinger sentenced her to 12 years in prison in April as part of a plea agreement. She must register as a sex offender, take parenting classes and cannot have contact with her daughter until she is 18.
Garland will be eligible for parole after two years.
In the other case, the prosecutors chose not to pursue charges. According to the affidavit, children told their mother that her then-boyfriend, Michael Dale Harris, was inappropriately touching them while he slept in their bed, but the sleeping arrangements never changed. Harris was sentenced to 50 years in prison on the rape convictions and 20 years for sexual assault in 2004.
Bentonville attorney Shane Wilkinson, then a deputy prosecutor who handled Harris' case, agreed with Cearley that each case had to be decided individually.
Wilkinson said counselors told him charging the mother would probably result in more harm to the children.
"It was determined that the kids were better off if we didn't disrupt their lives anymore by charging their mother," Wilkinson said. "She had been the one consistent thing in their lives and it appeared after the fact that they stuck together."
Wilkinson also said the mother cooperated with the investigation and prosecution of Harris.
Prosecutor's View
Deputy Prosecutor Stephanie McLemore, who previously prosecuted all child abuse cases in the county, said that sometimes tough decisions must be made in deciding whether to pursue criminal charges against a parent for permitting abuse of a child. McLemore would not discuss any current cases.
Parents are not mandatory reporters and are not required to report suspected abuse to the authorities, but McLemore said it is expected parents would protect their children.
"In a perfect world, we could prosecute each one," McLemore said. "It's not a perfect world and there's a lot of ramifications from charging parents."
McLemore said a 15-year-old victim told her that she would not help her prosecute her accused rapists if McLemore proceeded with the criminal case against the girl's mother.
McLemore decided not to purse a felony case against the mother. The case was resolved through a misdemeanor plea. The offender is now in prison.
"In my mind it was more responsible that he was punished and be required to register as sex offender," McLemore said. "It also kept other children safe since he is imprisoned and now must register."
McLemore said there's also time when prosecutors may need a parent or guardian to prosecute the abuser.
In cases involving a young victim, the parent or guardian may be needed to establish a timeline of the suspected abuse.
"That may be way over the head of that 8-year-old or 10-year-old," McLemore said. "They don't wear watches and the time issues may be beyond them."
A parent suspected of permitting abuse still may have custody of the victim. If prosecutors charge the parent then they may have also cut off access to the victim. Someone has to bring the child to meet with prosecutors, McLemore said.
"We don't want to serve a subpoena on an 8-year-old," McLemore said.
Prosecutors have to prove the person was aware of it and allowed it to happen anyway, said Washington County Prosecutor John Threet. That is the biggest hurdle when it comes to prosecuting the cases. "If they tried to stop it or report it, that's a defense," Threet said.
Unaware Of Law
Some parents may be unaware of the specifics of the law, said Janette McKinney, public defender.
McKinney said Garland's case is the only permitting case she's handled, but she saw other cases from her experience with Arkansas Department of Human Services cases.
"A lot of people do not realize permitting abuse is a crime," McKinney said. "They are just not aware of it. They don't know what the statuary age requirements are versus the child's maturity level."
The child may be younger and involved with an older person, but the parent may believe that person is a good person and prefer her with him instead of someone who may be a negative influence or using drugs or alcohol.
"Some parents may have tried to develop a friendship and then the relationship with their children are blurred and they (the parents) are not in a good position to step up in that parent role," McKinney said.
Parents cannot give consent for their underage children to have sex, McLemore said. McLemore said there is a fallacy that if the parents agree to the relationship then it is not a crime.
"They cannot legally give consent," McLemore said. "It's that simple."
In some instances a person could be charged as an accomplice to crime, but according to McLemore it would take more than knowing about relationship to be an accomplice.
A prosecutor could conceivably charge a person as an accomplice for an example, if they assisted in holding down the child or even bought the condoms.
"It's definitely a possibility," McLemore said.
Resources For Assistance
Beverly Engle, the executive director of the Children's Advocacy Center of Benton County, sees education as the key to ensuring that people are aware of the laws and issues dealing with child abuse.
"Sometimes people see red flags and are afraid to acknowledge that there is a problem," Engle said.
Engle said there are resources and avenues for people to see assistance.
One of the biggest issues is helping people overcome a preconceived fear of the Arkansas Department of Human Services.
"Mamas are afraid that they will lose their children if they contact DHS, but their goal really is to keep children with their families." Engle said.
Engle said the DHS also have educational and training programs to aid parents and families. The center also has a training program for parents entitled, "It's Up To You."
"We know parents that let a 23-year-old move into their home," Engle said. "That's not okay. It's a criminal act."
Ron Wood contributed to this report.
AT A GLANCE
Origin of Law
The permitting abuse statute was enacted in 1985 and has been amended several times since.
It states, in part, that a person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.
It is a defense to a prosecution of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.
Source: Staff Report
AT A GLANCE
Mandatory Reporters
Arkansas law requires people in the following professions to report suspected child abuse:
Doctors, surgeons, interns and osteopaths, coroners, nurses, medical personnel engaged in admission, examination, care or treatment of patients, teachers, school officials, school counselors and day care workers, social workers, family service workers, child or foster care workers, mental health professionals, peace officers, law enforcement officers and clergymen.
Parents are not mandatory reporters when it comes to suspected abuse under Arkansas law.
Source: Staff Report