Why so many child abuse cases fail to make court

Wednesday 17th November 2010, 1:00PM GMT.

Deputies Dave Jones, left, and Graham Guille leave yesterday’s meeting with the Law Officers.                                  (Picture by Tom Tardif, 1054739)

Deputies Dave Jones, left, and Graham Guille leave yesterday’s meeting with the Law Officers. (Picture by Tom Tardif, 1054739)

POLICE must work closely with Law Officers in the future to ensure more child abuse cases reach the courts, campaigners have said.

A delegation of States members yesterday met Law Officers to discuss why so few cases of alleged child abuse appear before the courts – and what could be done to change it.

Leading the campaign for answers was Deputy Dave Jones who wanted to know why, when police officers felt they had enough evidence to charge a suspect, it was not deemed enough by the Law Officers for the case to go forward for trial.

‘It was proved that many, many cases fail purely because of a lack of evidence and they will not put forward a case if they think they will fall at the first hurdle,’ he said.

Deputy Jones said the issue was not as black and white as it had first appeared.

  • Read the full story in the Guernsey Press. See below for subscription details.

  • To read Guernsey Press stories in full click here for subscription details. Individual editions are now available online.

  1. 1
    Truth Man

    Of course it isn’t as black and white as it first appeared!!! Deputies never cease to amaze – they grab hold of an idea, decide they can sort it all out by squaring a few people away and then seem surprised to find out that their magic wand isn’t going to work as well as they had assumed!

    There is no doubt, the subject of young people giving evidence in court does need addressing in Guernsey – but it will not be easy to change the legal system’s reluctance to adopt special measures.

    Report abuse

  2. 2
    Truth Man

    Seems you are now an expert in everything Dave Jones: http://www.thisisguernsey.com/2010/10/15/numerous-questions-need-to-be-answered/

    “numerous questions need to be answered” – oh really? Who exactly do you think it is that is answerable to you?!

    Report abuse

  3. 3
    Ray

    Truth Man

    Ease up on Deputy Jones.At least he speaks his mind and is not afraid to call a spade a spade when necessary

    He was acting with other Deputies,not only in self interest,but on behalf of many islanders who couldn’t understand why certain ‘cases’ never reached Court

    The delegation now fully understands that while the investigating officers,who have personal and emotional contact with the victims ‘know’the accused is guilty,the Law Officers, who only deal with cold and emotionless paper reports,have to take into account the age of the victim,the hard evidence available and the tactics of the defence counsel

    A ‘He did this to me’ …’No I didn’t’ type of report will never, and should never, reach Court,but this can be hard for the parent(s) of the victim,who also ‘know’ the accused is guilty, to accept

    It is a most unfortunate fact of life that unless the Law Officers are presented with a case which is as water tight as a crab’s a*rse they will not risk further harm to the victim

    Unless we move to the Labour suggestion that alleged rapists are guilty unless they can prove their innocence we are stuck with the present unsatisfactory situation

    Report abuse

  4. 4
    Mrs Meat

    @ Truth Man – what an unbelievable statement!

    Many people have approached DJ with their stories and he – as a representative of his parishioners – puts the questions to those who can answer them.

    He explains why very clearly on this post: http://www.thisisguernsey.com/2010/09/16/let-courts-decide-who-is-guilty-of-child-sex-abuse/ and as you posted there too I can’t believe you’re now making out that he’s acting for some kind of selfish glory-seeking.

    From the full article in the Press, I couldn’t see that the Law Officers had answered any of the questions adequately, merely reiterated what had already been said, mainly lack of evidence.

    This makes no sense in the case brought to the Press recently (by DJ) about a small girl allegedly raped by her father.

    Why was that father not questioned immediately when the Police were notified, but several days later allowing him ample time to get rid of any evidence? Abusers have a way of finding & protecting each other so was he alerted?

    Medics examined her under sedation and found full evidence of abuse, so why was there considered to be ‘insufficient evidence’? Why did the Police tell the child’s grandmother that they weren’t dropping the case when in fact they were? Where is the justice for this child and others – like the girl who was interviewed in the Press last year after having been raped and pimped out by her own father for years?

    Similar cases get brought before the courts in the UK for successful prosecution and yet not here. Who is really being protected here?

    Those are not just Dave Jones’ questions. Those are the questions that any right-minded individual on this island wants answering. Parents, children, grandparents, anyone!

    Who gives a damn whether it is ‘easy to change the legal system’s reluctance to adopt special measures’? They need to be made to do it by those they represent.

    The ‘legal system’ already let one of their own slide off with scant punishment when he was found to be storing pictures of child abuse on his computer (and possibly worse). How many others have similarly been given a slapped wrist in private simply because they are part of the old boy network or part of a ring of protected abusers?

    Six years ago we were told in the Press that a sex offenders register was being created. Has it?

    Jersey abuse allegations have involved high ranking policemen, politicians and masons. Links have been made to similar things happening here by UK investigators. On that basis I think it’s perfectly fair to ask if certain cases are dropped not because of lack of evidence but because of who the perpetrator is.

    Thank god we have Dave Jones and everyone else who wants to protect our children.

    Report abuse

  5. 5
    Dave Jones

    Ray

    I thank you for your support, the facts are these.
    After being approached by families and other concerned islanders on the subject of Child sex abuse cases myself and other Deputies decided to set up a meeting to talk to the Law officers about what on the face of it appeared to be a lack of support getting these very sensitive cases before the Courts. That is part of our job isn’t it?
    The meeting was very useful and I and my fellow deputies were unaware before this meeting took place that there was a review being carried out in conjunction with the Guernsey police on child sex abuse cases. We were also very impressed by the huge amount of research the Law officers had done in preparation for the meeting. I never set myself up as an expert on this subject and Truth man as an ex police officer will know that there is very little in theses traumatic child abuse cases that is black or white. There were and still are numerous questions to be answered and the Law officers answered many at the meeting on Tuesday afternoon. We now intend to set up a meeting with the Police to see what can be done to improve their resources in terms of gathering the evidence needed to secure a conviction. I and my fellow deputies are grateful for the two and half hours the law officers gave us and I left the meeting with a much different outlook than I had when I first started to look into the issue.

    Report abuse

  6. 6
    Custard of the West

    Special measures are regularly asked for, and granted. People should check the FACTS before making incorrect assertions. You can find this by looking in the media reports.

    The lawyer referred to was unfit to plead, on independent medical evidence, and died of pre-senile dementia some years ago.

    Report abuse

  7. 7
    Truth Man

    You’re right Ray, I was a bit harsh. I am just disappointed that (assuming he has not been misrepresented by the press) he seemed to think he could go in, make some suggestions, and fix the problem – was he being naive or is it that he holds himself in such high regard that he assumed he would do better than the law officers?

    Mrs Meat: What is unbelievable about my statement? I wholeheartedly support Dave Jones in this quest – I am just disappointed that he thought it would be so easy to spot and eradicate the problems. I hope he does not lose track and leave it at “the police need to work more closely with the law officers”.

    Custard of the West: Opportunities to use special measures are often not followed up in Guernsey.

    Dave Jones: Have I ever said I am an ex-police officer?!

    Report abuse

  8. 8
    Truth Man

    Dave Jones:

    The other issue is (and this is where my second post came from) why are you taking part in these meetings? Why are you involved in the review? Wouldn’t it be a better quality review if it was conducted by someone who actually knows what they are talking about? Your lack of knowledge and value that you can add to your review comes out in your comments. I think it is great that you have raised the topic – but I believe you should stop ‘hogging the ball’ and formulate a skilled team that will run the review on your behalf. This would be better for the island, wouldn’t it?

    Report abuse

  9. 9
    Dave Jones

    Truth Man

    First of all I am NOT involved in any review, I learned about this joint review between the Law officers and the Police along with the other deputies who were at the meeting with myself and the law officers. This review has apparently been going on for a little while now. So the remainder of your last post is as inaccurate as many others you have posted.

    Report abuse

  10. 10
    simon

    Dave Jones
    I cant speak of today, but in time past many child abuse cases were covered up by the authorities and staff of the day! Shame on them all! oh and dont go thinking this is a hollow swipe at a bygone time, I could name and shame!

    Report abuse

  11. 11
    Custard of the West

    No – there are no cases, to my knowledge, where opportunities for special measures are not followed-up. I do not know of a case, from what is reported or anecdotally, with youngsters where they have not been applied when requested. If you doubt this ask Home Affairs to supply the FACTS, please.
    And as a general rule, you cannot get convictions without good evidence – nor should we in such nasty matters.

    Report abuse

  12. 12
    bcb

    Truth Man
    Seems your doing exactly what you keep telling others not to do?
    so even you can make comments without getting the facts first. easy done though.

    Report abuse

  13. 13
    Dave Jones

    Truth man

    You did not have to tell me you were an ex police officer, I know who you are.

    Report abuse

  14. 14
    Paul

    simon

    What on earth is stopping you from reporting these sick scumbags then?

    Report abuse

  15. 15
    simon

    Paul

    Some have died, but that aside, I respect the rights of the victims not to go public.

    Report abuse

  16. 16
    Truth Man

    Dave Jones:

    Sorry: “A delegation of States members yesterday met Law Officers to discuss why so few cases of alleged child abuse appear before the courts – and what could be done to change it”. Is this not a review, being conducted by you? If not, what would you like me to call it?

    And as for who I am – your crystal ball is clearly working very very well. Don’t lie Dave, it is not big or clever.

    Report abuse

  17. 17
    Truth Man

    Custard of the West:

    Strange, I have heard of a number of occasions where opportunities to use special measures were not taken up. I will have to check my sources, as BCB says, it does not pay to be inaccurate. If I am being informed wrongly then I will be the first to apologise (by the way – in one case my information came from a law officer).

    Report abuse

  18. 18
    Paul

    simon

    So in essence you respect the abusers much more than the victims then.

    Why else would you allow them to roam free knowing only too well what they are into & capable of?

    You have total disregard & disrespect, towards others, by knowing what you do & ignoring it so they can suffer.

    Evil can only prosper when good men do nothing.

    I am totally shocked why no parent or relative hasn’t batted a satisfying amount of sixes out of these pieces of filth.

    I believe society is far too tolerant & weak. The weakest of all is people like you, Simon.

    You are a coward!

    Report abuse

  19. 19
    SS

    Surely there could be any number of reasons why some cases may not go to court, and if it didn’t go to court, then maybe it was for very good reasons.

    Paul.
    As far as vigilante action goes I don’t necessarily disagree with you – as long as you can guarantee you have got the right person!!!!
    If for example you went out and “batted a satisfying amount of sixes out of these pieces of filth” but you got the wrong person, does that mean we can do the same back to you as your punishment?

    Report abuse

  20. 20
    TL

    Paul – that is an amazingly vitriolic attack on simon when he has clearly said that he respects the victim’s view on this. You do not know the circumstances and it is quite possible that the victims simply do not wish to have to relive the episodes in public and would rather try to get on with their lives. You are in no position to pass judgement on simon.

    Which is more important? the views of the victims, or the views of the mob (as represented by you, it seems)?

    Report abuse

  21. 21
    Paul

    TL

    I am for justice through & through. If the legal system failed to come up with a satisfactory conclusion then I would be more than happy to step up n bat for my family & the good of Guernsey.

    Even after serving a lengthy prison sentence I doubt I would be able to hold myself back from meeting out a hardcore dose of punishment.

    The most important thing that all must consider here is the fact that these filthy animals prey on the young, weak & vulnerable.

    Kids grow up & their confidence matures with them.

    All who have suffered at the hands of these scumbags have a duty of care for their fellow neighbours so this cannot be allowed to be replicated onto others.

    I would be happy to kneecap these animals & brand a large P on their foreheads.

    How many do you think would dare offend, re-offend, after half a dozen of these types of punishment was dealt out?

    I am flabbergasted why people take this live n let live attitude.

    I know those that are close to me & would be confident that if the need ever arises I could make a calculated judgement on what is the truth of the matter.

    It’s when the masses turn the other cheek, the minority see the opportunity to grow.

    Report abuse

  22. 22
    SS

    Paul.

    While I partially agree with what you are saying, you didn’t answer the question. To use your recent example, if you kneecapped someone and branded a P on their forehead, only to find out afterwards you got the wrong person, would you be happy for us to kneecap you and brand a P on your forehead as punishment?

    Report abuse

  23. 23
    SS

    Furthermore, whatever happened to innocent until proven guilty?
    Baying mobs aren’t conducive to reasoned debate. Fair enough some animals don’t deserve reasoned debate, but you have to have that reasoned debate in order to prove guilt or innocence.

    We all want these animals away from the public, but not at the expense of innocent people. Theirs a saying I very much agree with: “Its better that a 100 guilty people walk free than a single innocent person goes to jail”.

    Report abuse

  24. 24
    TL

    Paul – but your last post does not address the situation that simon described.

    Report abuse

  25. 25
    bcb

    Paul
    Simon has already suggested that the authorities have covered things up? so it would seem they are already known, what is the point of him reporting something they already know about?

    I see one of these animals whilst out and about and he is well known to the police, he was done for it many years ago and got a whopping 6 months.

    As for the rest of your post regarding dishing out punishment as long as you know you got the right person i feel the same way.
    The punishment is not even close to being harsh enough, these animals should NEVER be alowed back into society again because they will not stop, they just become more careful not to get caught.

    I do understand why this would make you so angry as is does me and i would imagine most others, but i dont think its fair to have a go at simon.

    Report abuse

  26. 26
    Truth Man

    Paul:

    “Kids grow up and their confidence matures with them” – Are you saying the victims are victims for life?

    Report abuse

  27. 27
    Mrs Meat

    Whilst I agree that severe and harsh punishments are in order, I think it’s unfair to attack Simon.

    When these abusers are well known to ‘the system’ and yet go unpunished, how can one person – who probably has no authority – expect to get justice.

    A similar situation faced Sue Vidamour of Animal Aid. She heard (and saw) some horrific cases. She is no coward. She tried to report person after person – farmers, pet owners, etc – but those who had the money and right friends went unhindered. She should have got a medal for her work. Instead she got an awful lot of stick.

    It’s clear that there are a lot of people who feel strongly about the abuse of the vulnerable and we need to find a way of making our voices louder than those who can shut us up. There are more of us and our power is in numbers.

    Vigilante actions are not the answer. Look at animal rights activists. The worse they behave the less the lethargic majority back them.

    Report abuse

  28. 28
    SS

    I certainly think that persons guilty of committing certain types of crimes are treated far too humanely.

    Any argument to the contrary is wishy washy nonsense. I just don’t agree with vigilante action before the person as even had a fair trial.

    Report abuse

  29. 29
    London Donkey

    As an islander through and through I for one have no desire to see those that abuse children, animals and people that are unable to defend themselves; walk free from justice.

    Justice is exactly that, it is the rule of law laid down over centuries that make humanity who and what we are. There are good and bad people in this world and that will never change. There are people that would take a life at the blink of an eye, abuse children without a care for the consequences of their action on that child and those who violate the rights of others on many other levels.

    Who are we (without mentioning names but from the content of the previous postings it would appear obvious to readers) to decide who should be “batted a satisfying amount of sixes” and who shouldn’t?

    Should these individuals who abuse children be “batted a satisfying amount of sixes” for ‘hands on’ abuse? should they have ‘extra’ if penetration of the child occurs? or should they be “batted a satisfying amount of fours” if they only ‘possess’ indecent images of children? (I apologise if my cricketing terms are not up to scratch).

    I have sat back and read these posts, and others of a similar nature and refrained from becoming involved in such a sensitive subject matter because everyone has their own views. That said when acts of violence in a vigilante manner become a point of ‘reasoned discussion’ there comes a time that I feel I must say my bit.

    In times past I have seen the effect on victims of child abuse and of adult sexual abuse too for that matter. Whilst an element of disgust, frustration and anger may boil away at you when seeing these effects, going out and the issuing of “batted a satisfying amount of sixes” is just not acceptable. The law is there for a reason and should be followed.

    There are times when cases can be taken to court and there are times when they cannot – for whatever reason.

    I commend Dave Jones who, for a period of time was demanding answers and explanations as to why cases were not brought before the Court and ‘offenders’ punished with the full weight of the law without knowing the full facts of why not. Having had a meeting with the Law Officers he, and others are now more aware that there are reasons why some cases simply cannot be brought before the Courts.

    It may be that the evidence is simply not there physically, with only denials from the ‘offender’ and a statement from the ‘victim’ being the available material for life changing decisions to be made on by the Law Officers. Any case of that nature is going to struggle and more so if it is historic. It may be that it is not be in the interest of the victim. By that I mean; if the victim is a young child is it right that the child is made to re-live that awful experience again many times over just so justice can be done or seen to be done.

    I simply cannot agree with a vigilante act or those that suggest it is acceptable. There are miscarriages of justice from time to time, and people have been known to lie in Court. I recall one case in the UK a year or so ago when a ‘reputable female lawyer’ (I use this term as that is how she was described as her identity was withheld by the judicial process and media)invited a ‘male friend’ back home to her house (where acts took place – I’m sure you get my drift). The following day she made a complaint to Police of rape as she maintained she could not remember what happened the night before so he must have raped her. The inevitable followed, arrest, searches, interviews, charging of male for rape and massive public/media attention. He was named and shamed but protested his innocence throughout. He was labelled as a rapist and had to move house two or three times following ‘vigilante attacks’. She retained her anonimity. The outcome was that he was found ‘Not Guilty’ and both she and the CPS (Crown Prosecution Serive – UK equivalent to Law Officers) were heavily ctiticised by the Court, her for being economical with the truth and the CPS for bringing the case on limited evidence. However, by that time the damage was well and truely done. In this case I would ask “should he have been administered vigilante justice” and subjected to “batted a satisfying amount of sixes” (or maybe ‘fours’ as it was an adult case).

    I have also known of young persons making allegations against adults who were ‘disrespectful’ to them and who subsequently made complaints of an ‘indecent assault’ against that individual resulting in the process above being repeated and an innocent man being named as a pedophile.

    Child abuse is an emotive subject and cannot be tolerated in any reasonble and educated society but at the same time vigilante acts cannot be tolerated with either. The Law is there for a reason, for us to follow and not on an ‘as and when it suits us basis’.

    I’ll get down from my soapbox now.

    Report abuse

  30. 30
    Paul

    Truth Man

    Learn the definition of words. Read what simon has written & reread what I have.

    It would appear you are not so much of a truth man in reality.

    I know who you are too!

    Report abuse

  31. 31
    SS

    Still can’t answer the question though can you? I guess you think its ok to go around “kneecapping” people without any trial because in your own opinion they are guilty. That makes you a risk to the general public.

    Report abuse

  32. 32
    Paul

    SS
    I made it clear from the outset I could make a reasoned & calculated decision on the truth of the matter.

    I do think it is just & acceptable to punish those severely so that the message will get back to others considering similar offences.

    I hope that answers your question.

    Report abuse

  33. 33
    Ray

    London Donkey

    You could add to your list of false claims the case of the Southampton? football manager ( must be ten years ago now) who was hounded out of his job by a couple of delinquents who were only after a payout as they thought he was rich enough to pay up to avoid a no smoke without fire court case

    Report abuse

  34. 34
    Truth Man

    Paul:

    You didn’t answer my question. You said to TL “kids grow up and their confidence grows with them”. What is the relevance of this statement? I do not want to ‘read between the lines’ and assume I know what you mean. Hence, I asked you for clarification.

    p.s. – I know who you are too. When are you giving me back that 10 quid I loaned you!!

    Report abuse

  35. 35
    Paul

    Truth Man

    You say:

    What is the relevance of this statement? I do not want to ‘read between the lines’ and assume I know what you mean. Hence, I asked you for clarification.

    Earlier you contradicted yourself by stating:

    Are you saying the victims are victims for life?

    Yes.

    That is exactly what they are by allowing their suffering to go unpunished & the abuser to meet out the same, or even worse, onto others.

    It is a common well known fact that statistically many abusers have been abused themselves. I doubt many of these are those that speak up & do their bit to stamp it out because they know it is wrong & sick.

    All victims have a duty of care & responsibility to protect others. Otherwise their pain & suffering would be for nothing.

    A child does not know the difference between right & wrong. As they develop this comes with experience.

    All victims have to offload their burden, on the abuser, & do all they can to see them punished.

    How could any responsible victim live comfortably with themselves knowing these animals are free to do what they know they have onto others because they have chosen to forget about their past?

    Every link in these chains need to be taken apart. Every one of these pieces of filth should be dragged out from where ever they’re hiding & have the spotlight shone directly on them so all can see “who & what they are.”

    Until this is done they know the system is working for their benefit rather than absolutely 100% against.

    Abusers are weak cowardly people. The balance of strength tips in the abused favour. This fact needs to be cashed in on by all involved once & for all.

    I hope you are now enlightened.

    Report abuse

  36. 36
    simon

    Paul
    Its been as hard to keep quiet as it would have been to make a noise.
    Thanks for your judgement, but you didnt walk in my shoes.

    Report abuse

  37. 37
    Paul

    simon

    No, I haven’t.

    You should not allow innocent others to walk in them, or even try them on for size, because you choose to do nothing about these scumbags either.

    Report abuse

  38. 38
    Truth Man

    Paul:

    Were you a victim of one of these ‘scumbags’?

    Report abuse

  39. 39
    Paul

    Truth Man

    No, I am not. You would have seen the sicko rolling around in a wheelchair with a large capital P branded on their forehead if I were.

    I am just incensed by those that can make a difference & save others from suffering the same but choose to do nothing.

    Are these the abused that will go on to be abusers?

    What other reason could there be for shielding
    these filthy animals?

    So some may not wish to relive the memories. But at the expense of others experiencing what they have, or much worse, simply does not make sense or sit well with me.

    If I was to know an abuser was allowed to carry on with their crimes unhindered because a number of weak cowards could not find the courage to do something about them I would be equally enraged.

    Until society learns to stand strong & demand action for the greater good, there is little hope.

    simon

    Your silence equals misery for innocent others.

    How does that make you feel?

    Report abuse

  40. 40
    simon

    Paul
    It must be good living in your world, where everything is so simple!

    Report abuse

  41. 41
    Paul

    simon

    How about answering my question?

    Report abuse

  42. 42
    CO

    Paul, it’s not simply a case of choosing to do nothing and it’s not Simon who is responsible for covering up these monsters.

    Report abuse

  43. 43
    Paul

    CO

    He is doing exactly that by remaining tight lipped & cloaking their actions.

    I am sure if he is worried about being believed, or whatever reason there may be for his silence, then he could talk to or email Dave Jones about these people.

    Others may have, or will do the same thing, with similar accounts & same names cropping up with historical cases.

    Everything must be done so those responsible are punished & parents & children can live in a safe environment.

    Doing nothing is simply inexcusable & not an option.

    Report abuse

  44. 44
    CO

    Sorry Paul but I have to agree with Simon and respect his wishes regarding the victims on these cases.

    It’s those who turned a blind eye as far as the abusers are concerned that you should be concentrating your efforts on.

    Report abuse

  45. 45
    simon

    Paul
    To answer your question firstly I would need to accept the preceeding statement made by yourself and secondly I would need to decide if I would be interested in offering an answer to someone who has pre-judged me so serverly.
    I think your question is flawed on the first count and therefore I have no answer for you. Had your question any merit I may well have not answered it on the second count.
    Simples!

    Report abuse

  46. 46
    Paul

    CO

    There really is no need to apologise to me.

    Save those for the children & their parents if you come to learn the same abusers have gone on to re-offend when they could have been stopped in their tracks.

    It amounts to aiding & abetting by association IMO. All of you would be quick to speak up if your children were affected.

    Why give these animals the opportunity?

    Report abuse

  47. 47
    Truth Man

    Paul:

    I am sorry, but since you have no experience of the emotions and personal battles a victim goes through your opinion has little credibility. Of course you are entitled to an opinion, but perhaps you could consider that you might not be very well equipped to pass judgement on the choices victims make.

    Report abuse

  48. 48
    Paul

    Truth Man

    Wow!

    Like I wasn’t expecting the bleeding obvious like that.

    It is the pathetically weak apologists, like the many in life, that allow others to take advantage & keep taking it because they will cower in a corner covering their ears n looking at the wall.

    It is true that some people can’t be helped.

    One can only try their best.

    I feel the same way about junky scum too.

    So shocked no parent or family member has not gone all out on those responsible for pedalling their filth onto their loved ones.

    Why are people so willing to let others wipe their feet all over them?

    Report abuse

Campaigns

Voice For Victims Voice For Victims

Voice for Victims is a campaign aimed at promoting the rights of those affected by child sexual abuse.