The Plea Chapter Twenty-Five – Shouting at the Storm

Black Bart, aka Charles E. Boles, aka Charles Bolton, was a highwayman in the Old West.  He robbed twenty-eight stages in a period of eight years and stole more than $12,000.  What led authorities to his arrest in 1883 was the evidence he left behind.  Law enforcement agents found his hat, cuffs, and handkerchiefs labeled with a mark from a laundry in San Francisco.  The owner of the laundry identified the owner of the items.  There were more than a few witnesses at the scene of the robbery who identified Black Bart as the culprit as well.  The preponderance of evidence persuaded a court to find Black Bart guilty of the crimes he was accused.  It would have been outrageous to think a court would convict based on one dubious individual’s account of the crime.

For someone to be found guilty of committing a crime, the individual’s actions and mindset must fit the crimes definition.  For example, if someone is charged with the intentional murder of another person, then for the accused to be found guilty, he or she must have purposely or knowingly caused the death of another human being.

The threshold for proving that someone committed a crime is fairly.  As the saying goes, everyone under criminal law is innocent until proven guilty.  This is true, except when it comes to accusing a person of child molestation.  All you need is an accusation.  Which makes falsely accusing a person of child molestation the perfect crime.

The National Innocence Project has exonerated, based upon DNA evidence, hundreds of persons who were convicted of atrocious crimes including capital murder and/or rape. A large number of those persons had confessed to crimes they did not commit. Considering that most cases of child abuse or child molestation do not involve DNA evidence, one can only guess at the number of people in prison that are innocent. The fact that a person has been accused or charged and, possibly, convicted of the crime does not mean that they were guilty of the crime.

In the large percent of sexual abuse cases, there is no physical evidence or eyewitnesses. Medical exams are routinely “normal”. Yet, people are still convicted based upon a complainant and hearsay/vouching testimony by so-called “experts”. Especially disturbing are the cases where repeated, penile penetration was alleged, yet the medical exam was “normal” with what is considered an “intact” hymen.

The search for the truth regarding a child abuse allegation involves “The Law, the Science, the Myths, the Reality”. No one wants a guilty child abuser to go unpunished. On the other hand, there is a sentiment in the general public that it is “better to err on the side of safety” which translates into that “it is better to convict 10 innocent people to make sure we get the one guilty person”.

My brother’s ex-wife told his youngest daughter that when she was a little girl and her father and her would wrestle around he would “always get an erection.” My brother’s ex-wife accused her father of molesting her and was happy to share all the specifics with the entire family. I was there. I heard her stories. Each time she told the tale it got more and more elaborate. My nieces were under the age of ten when she would tell her story. Her story, down to the most intimate detail was mimicked by her teenage daughter against my brother. I suspect the next generation of false accusers will do the same. I wouldn’t be surprise to find out that my ex-sister-in-law and her daughter were plotting the demise of another unsuspecting man using the same tactic. Together they’ve accused six men of child molestation.

While my brother was in prison awaiting an appeal on the false allegations he was beaten and raped. I cannot adequately describe how he looked after this happened. His face was swollen and he was covered in blood. It was impossible to distinguish his eyes from his nose or his mouth. Everything was one mass of black, bruised flesh. My brother has Parkinson’s disease and his body was shaking so he couldn’t raise his hand to his head. Flecks of vomit and blood were on his clothes. I cried over him like I’ve never cried before. I was outraged and still am. I see this scene every time I close my eyes.

The people who are responsible for this are unrepentant and at peace. I am tormented. How can we live in a world that would tolerate false accusations of child molestation? How can this be okay? How could a person who claims to have been raped more than three hundred times ever return to the place they claim this crime occurred and celebrate anything? How do they live with themselves?

I’m just a fool shouting at the storm.