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« The Ivy League Imposter | Main | Tightening Down On Domestic Violence - New Laws »

Sacramento Radio Contest Results In Death

LineUp/WaterDeath

A simple search on the internet for “water intoxication” reveals how dangerous it is to engage people in such a contest.  I understand the contestants may have signed waivers before entering the contest, but I wonder how explicit the waivers were that the consumption of large amounts of water in a short period of time could cause death.  It is possible that the radio station and producers could be facing criminal negligent charges as well as facing a devastating lawsuit.  The producers should have had a doctor present at the studio during the contest in case of an emergency.  Likewise, the producers should have had a medical professional follow up with each of the contestants during the next forty-eight hours.  The failure to take these simple cautionary procedures is likely to cost the radio station big bucks.  Anyone up for a pie eating contest?

Written by Donald P. Schweitzer

Click HERE to watch the video

« Police Find The Missouri Boys | Main | Sacramento Radio Contest Results In Death »

The Ivy League Imposter

LineUp/CoEd_Con

The sophistication of Esther Reed’s crimes caused more loss to her victims than most identify theft cases.  For the past seven years Ms. Reed has been faking her way into universities, using stolen identities.  I’m sure that when the police tally up the amount of money Ms. Reed defrauded others, she will be looking at a substantial prison sentence. 

I question the news report that suggests Ms. Reed was able to flee her apartment without leaving behind DNA evidence.  It is more likely that the police did not have a reason to take samples of her DNA in their investigation. 

Ms. Reed appears to be a bright and clever young woman.  It is a shame she has chosen to use her talents for criminal purposes.

Written by Donald P. Schweitzer

Click HERE to watch the video

   

« It's Not Just About Us - Effects Of Domestic Violence On Children | Main | The Ivy League Imposter »

Police Find The Missouri Boys

Thank god these two boys are alive and physically healthy.  Heaven knows, however, the emotional problems these boys will have for the rest of their lives because of Mr. Devlin.  The horrific crimes Mr. Devlin probably committed on these two boys are almost impossible to imagine, as my mind will not take me there. Based on the kidnapping charges and probably molestation charges, Mr. Devlin will probably receive a life sentence.

Any criticism that may be made against Shawn Hornbeck for not escaping would be naive, as he was likely mentally shackled through terror and domination. 

This case is both a success and a failure on the part of our law enforcement community.  On one hand, the police work we observed after Ben Owenby was reported missing was excellent.  A description of the suspect truck was broadcast to local law enforcement agencies, and shortly thereafter an alert officer saw the truck within an apartment complex.   This illustrates how a quick and energetic response to a missing person complaint can produce good results.

But what about Shawn Hornbeck’s case?  It appears he was found by chance, and only after he volunteered to the officers his identity.  Shawn had been held captive for two years, less than forty miles from where he was abducted.  In this case, we can see how our society is failing to devote enough resources to locating our missing children.

This case also shows how we are not devoting enough of our resources in capturing child molesters.  This year our legislatures have passed numerous laws that increase in punishment for child abuse cases.  What is noticeably absent, however, is new legislation creating task forces to go after would be child abductors.  Unfortunately, we are seeing too many cases like this one, where there have been multiple victims.

Written by Donald P. Schweitzer

« My Neighbor Is A Registered Sex Offender, And I Can't Tell Anyone! | Main | Police Find The Missouri Boys »

It's Not Just About Us - Effects Of Domestic Violence On Children

When thinking about the dynamics and effects of domestic violence, it is easy to focus on the two parties involved. However, even if they are “just” watching, the effects on the children can be just as profound and long lasting. There are six types of domestic violence, and they are as follows:

1.    Physical abuse
2.    Verbal or nonverbal abuse (psychological abuse, mental abuse,   emotional abuse)
3.    Sexual abuse
4.    Stalking or cyber stalking
5.    Economic abuse or financial abuse
6.    Isolation

In all of the above subtypes, children can be witness to, or suffer directly from the actions of the perpetrator. Statistics on abuse are almost impossible to quantify, but looking at child abuse reports and numbers of D.V. cases that are reported through the legal system, a safe estimate is that over 4 million kids each year witness a severe incident of family violence. Statistics also show that between 35-50% of divorcing families experience some minor violence during the break up process.

There are 6 basic tactics used by the abusers when dealing with their children and many children will continue to seek out these types of familiar patterns in relationships if they do not get help to understand the cycle of power and control used in their family.

The first tactic is being an authoritarian parent – “If your children aren’t a little afraid of you, they won’t respect you.” These abusers generally stick to bad parenting decisions even after it becomes apparent that they aren’t working.

The second type of dynamic involves the under involved abuser. This person generally wants the status of “parent”, but tends to lose interest quickly when it comes to the hardships and sacrifices. Initially, this may make the parent a scarce commodity, and more valuable to the children.

The third parental type is that of the neglectful and irresponsible parent. This person’s self-centeredness, disrespect, arrogance and manipulativeness rule the day.  These parents may make and break promises on a regular basis.

A fourth type of abuser is the one who constantly undermines the other parent in a malicious way, even when the consequences are hurtful to the children.

The fifth type of abuser is the parent who demands that the children are just like them. They seek a narcissistic reflection in their children, and do not value them for any individual differences. The last type is the abuser who is omnipotent and believes that he/she knows everything and makes all of the decisions.

Children exposed to these types of parents generally feel more venerable and insecure and that there is nobody to make their world safe. They become use to their parents fighting and arguing rather than reasoning, so the children get involved in more power struggles. As adults, these children may be more hyper-vigilant in social situations. Terrorism, earthquakes or other disasters will impact them more.

This is due to them having a heightened state of arousal.  When they experienced abuse in a violent family that had little cause or warning and was very on and off, these children suffer more than when the abuse was more predictable and ended. If the domestic violence involved physical abuse, these children are more likely to be violent. They exhibit more anxiety, anger and problems with self-esteem. They are more likely to experience school problems and health problems. As teens and adults, children exposed to violence may be more likely to become abusive. Some of these children may become more fearful, inhibited and withdrawn.

This partial list clearly indicates the scope of the problem for children who are in a family where domestic violence is prevalent. Early intervention, having other supportive adults in their lives, outside sports or hobbies and being encouraged to interact with same aged peers are some mediating factors for these kids. Additionally, being in psychotherapy can help children and their parents understand the range of effects and impact on each family member.

National Domestic Violence Hotline: 1-800-799-SAFE
California Alliance Against Domestic Violence:
1-916-444-7163
Bancroft, L. (2004). When Dad hurts Mom: Helping your children heal the wounds of witnessing abuse. New York, NY: Berkley Books.
Stahl, P. (2000). Parenting after divorce: A guide to resolving conflicts and meeting your children’s needs.
Atascadero, CA: Impact Publishing Inc.
Weitzman, S. (2000). Not to people like us: Hidden abuse in upscale marriages. New York, NY: Basic Books.
Article written by Dr. Linda Bortell. Dr. Bortell is a licensed psychologist located in South Pasadena. She has been in practice for 10 years and specializes in childhood trauma and high conflict divorce.

Linda Bortell, Psy.D.
625 Fair Oaks Ave. Suite 270
South Pasadena, CA 91030
626.799.7941
FAX: 626.441.4893
lbortellpsyd@sbcglobal.net

« New California Laws Against Child Abuse | Main | It's Not Just About Us - Effects Of Domestic Violence On Children »

My Neighbor Is A Registered Sex Offender, And I Can't Tell Anyone!

Did you know you can check online for sex offenders registered in your neighborhood? If you haven’t checked the website yet, you might be shocked to see just how many registered sex offenders reside near your home, or around your child’s school.

Have you thought about what you might do if you happened to check the registry and found out your new next door neighbor is a sex offender whose crime included lewd acts with a child? For most of us, our first thought would be to tell our neighbors and maybe even print up flyers for distribution within the neighborhood advising of this person’s presence.

Well, according to the California Megan’s Law website you may only use the information you found to protect a person at risk. Meaning you just can’t go around issuing flyers or telling your neighbors about the offender next door. 

The California Megan’s Law website posts the following:

Legal and Illegal Uses. The information on this web site is made available solely to protect the public. Anyone who uses this information to commit a crime or to harass an offender or his or her family is subject to criminal prosecution and civil liability.

The Megan’s Law website also includes on its FAQ page, the following:

I want to share with others the information I found on the Attorney General's Megan's Law Website. Does the law prohibit me in any way from sharing this information?
A person may use the information disclosed on the Attorney General's Web site only to protect a person at risk. It is a crime to use the information disclosed on the Attorney General's Internet Web site to commit a misdemeanor or felony. Unless the information is used to protect a person at risk, it is also prohibited to use any information that is disclosed pursuant to this Internet Web site for a purpose relating to health insurance, insurance, loans, credit, employment, education, scholarships, fellowships, housing, accommodations, or benefits, privileges, or services provided by any business. Misuse of the information may make the user liable for money damages or an injunction against the misuse. Before using the information disclosed on this Web site, you may want to consult with an attorney or merely suggest to others that they view the Web site for themselves.

So what can you do? Well here are a few suggestions from their site:

First and foremost, suggest to everyone you know that they check the site for themselves. Our site in California is http://www.meganslaw.ca.gov/homepage.htm  

Additionally:
1.         Make sure you know where each of your children is at all times
2.         Make an effort to know the people with whom your child is spending time.
3.         Get to know your neighbors.
4.         Assume preventing sexual assault is everyone's responsibility
5.         Talk to your children about personal safety issues as they relate to child sexual abuse. Do this when you talk to your children about bike safety, crossing the street, or talking to strangers. It is, in many ways, just another personal safety rule about which children need to be aware.
6.         Organize neighborhood block watches, if desired by your neighbors.
The bottom line is to be informed and share the Megan’s Law website with everyone you know. Knowledge is your best defense in protecting you and your family.

Written by Maria Schweitzer

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New California Laws Against Child Abuse

Last year the California legislature was very busy enacting new laws designed to prevent child abuse.  The new laws that went into effect January 1, 2007, were designed to address some of the problems we have seen with the high profile cases over the past couple of years.  However, the actual effectiveness of these new laws in preventing child abuse is questionable. 

 1)  Employment restrictions on registered sex offenders

An amendment to Penal Code Section 290.95 requires disclosure of sex offender status when the person would be working in an accompanied setting and the work would require touching the children “on more then an incidental and occasional basis.”  

In addition, Penal Code Section 290.95(c) was amended to add that someone convicted of a crime against a child under 16 may not work as an employer or an independent contractor in a setting that involves direct, unaccompanied contact with minors “on more than an incidental and occasional basis.”

Comments:  These new laws are not likely to deter child molesters from obtaining jobs that require them to touch children.  After all, child molesters are very manipulative and are known to go to great lengths to fulfill their fantasies.  Remember John Mark Karr, the strange man who the police suspected may have killed Jon Benet Ramsey?  After being charged with child pornography, Mr. Karr reportedly fled the jurisdiction to take on multiple teaching assignments with various schools.  Would this new legislation have had any impact on Mr. Karr's behavior?    

2)  Confidential settlement agreements in civil actions based on sex offenses.  

Civil Code of Procedure, Section 1002 was added to our law, which precludes confidential settlement agreements in civil cases based on actions that could be prosecuted as felony sex offenses.

However, the new statute does not affect the ability of the parties to enter into an agreement barring disclosure of the amount of money paid in a settlement, nor does it preclude an agreement to keep the defendant from disclosing medical or identifying information about the victim.

Comments:  The Michael Jackson civil case must have been in the minds of the legislators who created this new law.  Unfortunately, it is difficult to imagine how this new law will deter individuals from preying on children or assist the District Attorney's office in prosecuting child molestation cases.  In most settlement agreements that I am familiar with, the defendant does not make admissions of wrongdoing.  Thus, preventing these settlement agreements from being confidential would appear to have no value to prosecutors.

3)  Sex offenses against children

Penal Code, Section 288.3 was added, which makes it a crime to arrange a meeting with a minor (or with someone the offender believes is a minor) for the purpose of lewd or lascivious behavior, or the exposure of either person’s genital or rectal areas, if the perpetrator was “motivated by an unnatural or abnormal sexual interest in children.”  The punishment varies depending on prior convictions and whether the perpetrator actually went to the meeting.

Penal Code, Section 647.6 was amended to add that it is also a violation of the statute to engage in sexual conduct (as specified) with an adult if the perpetrator was motivated by sexual interest in children and believed that the adult was actually under 18; the amendment also raised the fine for violations, and added that the statute doesn’t bar prosecution under any other law.  

Penal Code, Section 269 was amended to change the definition for aggravated sexual assault of a child by narrowing the age difference between the perpetrator and the victim (seven rather then ten years) and adding certain violations; the amended statute requires a consecutive sentence for each conviction if the crimes involved separate victims or the same victim on separate occasions.

Finally, Penal Code, Section 288.7 was added, which imposes a prison sentence of 25 years to life for an adult who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger; the statute imposes a 15-years-to-life sentence for oral copulation or sexual penetration (as defined) with such a child.

Comments:  These new laws appear to be influenced by the MSNBC show, "To Catch A Predator," where child molesters are seen attempting to meet minors over the internet, and subsequently arrested in sting operations. 

Obviously, these new laws will be very helpful to the police and prosecutors in obtaining convictions and keeping child molesters away from children once they are arrested. 

However, none of the above-mentioned laws are proactive in nature.    As we have seen on the "To Catch A Predator" shows, it doesn’t take a rocket scientist to catch a child molester.  Law enforcement is capable of capturing child molesters with little effort.  Child molesters are compulsive and leave evidence of their crimes lying around within their homes and workplace.  Indeed, because child molesters are so compulsive they are the easiest types of criminals to catch.  Nevertheless, we are always hearing about cases where a child molester has molested scores of children before getting caught.  

Obviously we are not committing enough money or manpower to go after these criminals before they offend.  What we really need to attack this problem are more sting operations and an army of cops searching the internet for these offenders.  After all, wouldn't our society benefit immensely if there was a significant reduction of child molesters roaming our streets? 

Remember, it is always easy to pass tough new laws that punish perpetrators severely once they have been caught.  But until our legislatures have passed new laws that create special task forces to arrest child molesters before they touch children, we are not seriously addressing this problem.

Written by Donald P. Schweitzer


 

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