Abuse cases create 'a lot of tears'

In her 12 years prosecuting child-abuse cases, Julie Hunter has been, in her words, "fairly successful." But it's the days she didn't succeed that stay with her.

"I've lost a couple of cases that will haunt me forever," the Cape Girardeau County assistant prosecuting attorney said during a recent telephone interview. "... I've had a child collapse on me in the parking lot. I've had a mother collapse."

Child-abuse cases aren't easy on anyone concerned -- victims, investigators, prosecutors or jurors.

"Those are hard cases for officers to investigate. They're stressful; they're high-intensity; they're high-emotion," said Cpl. Darin Hickey of the Cape Girardeau Police Department.

For prospective jurors who have experienced abuse themselves, the jury-selection process can trigger painful memories, Hunter said.

"These are the cases where you get a lot of the jurors coming up to the bench in private," she said.

Abuse is widespread: Beacon Health Center, which provides services to victims, saw about 760 new clients last year, according to its executive director, Kim Williams.

This year, as of Sept. 30, the organization had seen 475 new clients, she said in an email to the Southeast Missourian.

Beacon serves clients in Bollinger, Cape Girardeau, Dunklin, Madison, Mississippi, New Madrid, Perry, Pemiscot, Scott and Stoddard counties.

Statewide, Missouri's Child Abuse/Neglect Hotline Unit responded to 61,765 reports involving 91,812 children from July 1, 2012, to June 30, 2013, according to data from the Missouri Department of Social Services.

In following up on reports of child abuse, investigators have to set aside their emotions and focus on finding out what happened, police said.

"I can tell you that we deal with them on a regular, recurring basis. ... Sometimes we have some really heinous stuff -- children are physically abused, violated -- and other times, it's probably poor parenting skills and things related to that," said Kenneth Kinder, chief deputy for the Scott County Sheriff's Department.

Regardless of a suspect's motives, deputies have to look at the law, compare it to the evidence and make an arrest based on the elements of the crime, Kinder said.

"If the elements are there, that's the crime that we write the probable-cause affidavit on. ... There's no, 'Well, the guy didn't mean to, so we're not going to file the case,'" he said. "That's between the lawyers at that point."

Officers also have to determine whether a report is valid, Hickey said.

"We go into each case with an open mind and try to find out what happened," he said. "... It's so situational, because there are so many variables and factors with child abuse, from a kid being punished to, you know, him being mad and calling 911 and saying, 'My mom's beating me.'"

Hickey said police may work with other entities, such as the state Division of Family Services, to investigate abuse cases.

"A lot of times in these cases, we also seek advice from prosecutors and kind of fill them in on what we're finding in an investigation," he said. "... We have a phenomenal relationship with our prosecutors."

In her conversations with victims, Hunter looks for consistent repetition of details -- for instance, a child gives the same version of events to a parent, an interviewer and a prosecutor, she said.

Many children are willing to lie about small matters, such as who ate the last cookie or who spilled a glass of milk, Hunter said, but they tend to tell the truth about abuse.

"Children generally are not going to lie about being sexually or physically abused," she said.

Still, juries like to see tangible evidence, which may not exist -- especially in sexual abuse cases, which Hunter said she sees more often than physical abuse.

"Everybody expects to see something, some sort of internal injuries, and there just -- there isn't," she said.

That can make a case harder to prosecute.

"You have these charges, and oftentimes, all you have is the word of a child alone," Hunter said. "... They're very difficult. They say these are the most difficult cases to prosecute."

Children's friends often are the first to learn of abuse, Hunter said.

Once abuse cases are reported, victims are referred to Beacon Health Center, where trained forensic interviewers talk to them, taking care not to lead them or say something that could undermine a criminal case, Hunter said.

Beacon then refers the case to prosecutors, who determine what charges, if any, to file, she said.

From there, the case goes through the usual criminal process: preliminary hearing, depositions and eventually a trial, Hunter said.

"I generally like to meet with the children myself and find out what's going on -- what's going on in their family," she said. "Normally, it's going to be somebody that they know -- a family member or a close friend."

Some victims are too young to describe what happened to them, Hunter said.

"I've met with children as young as 3 and 4 years old, and sometimes they aren't able to tell you in words," she said.

In such cases, Hunter may use pictures and ask questions to reach the child's level.

"I normally ask about good touches and bad touches: 'A hug from Mom -- is that a good touch or a bad touch?' ... 'Are there places on your body you don't like to be touched?'" she said.

Hunter may show a child a picture of a boy and a picture of a girl and ask which one looks more like the child, or she may show a child a picture of a person and ask him or her to identify the body parts, paying attention to the terminology the child uses.

"We've heard every name under the sun," she said.

Hunter uses the child's words during both the interview and the court proceedings, she said.

Getting those words can be difficult.

"I've had children crawl under the table in the conference room and whisper things in my ear," Hunter said. "If that's how they have to disclose, that's fine."

Some cases are easier: An abuser confesses, and Hunter can talk him or her into a plea agreement that spares the victim the pain of having to testify in court. Others are more difficult.

"Normally, these cases are going to trial if all you have is the word of a child," Hunter said. "Obviously, if you have a confession of any sort, you're probably going to get the case to plead out."

Taking a case to trial can be hard on everyone involved, Hunter said.

"These cases are emotional from the moment you get into one until the moment you're done," she said. "You see a lot of tears."

epriddy@semissourian.com

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Hotline

If you suspect a child is being abused, contact your local law enforcement agency or call the Missouri Child Abuse/Neglect Hotline at 800-392-3738.