Sexual abuse of a child is always considered a heinous crime. It is even a more heinous crime when the offender is a person that the child considers to be a parent. When both parents are involved in the victimization of a child in their care, it is more than heart breaking. A child relies on the care and protection of its parent, if they do not have that care and protection, the damage to the child’s mental health is staggering. It is difficult for most people to imagine what a person could be thinking who finds a small child sexually enticing. It is even more disturbing to find out that the mother of the child knowingly assisted the rapist in accomplishing his goal. When the mother hides the offense from the world and attempts to protect the rapist to the detriment of her own child, it is unbelievable. The problem is that it does happen.
On July 31, 1997, an eight year old girl was sleeping in her bed with her four and one half year old sister. Her mother’s boyfriend came in to her room and brutally raped her while his own tiny daughter slept beside them. The rape of the child caused a tear in an internal artery and she began to bleed profusely. She was vomiting and crying in horrific pain. The child’s mother came in and her boyfriend told her that he had raped the child.
The two began to fabricate a cover story for him, waiting to call help for the child while they created their story. Several hours later, the two had removed the blood stained mattress from the bed and cleaned up the soiled linens. They removed the child’s blood stained night clothes and the boyfriend left the apartment. The mother called a taxi and took the child to a clinic on the opposite side of town from where the family lived. They passed several closer hospitals and emergency medical care centers. The mother had put a sanitary napkin in the child’s panties. When they arrived at the clinic, she told the staff that the child was having her menstrual period and that she had fallen over a chair in her bedroom. She claimed that the chair leg had penetrated the child.
The doctor did not believe the ridiculous story that the woman told him and immediately called an ambulance to take the child to the hospital. When she arrived at the hospital, she had lost so much blood that the doctors did not believe that she would survive. She did survive and was diagnosed with posttraumatic stress disorder and major depression as a result of the rape. She has been under the care of a sex abuse psychiatric specialist ever since the incident.
The mother told investigators that there had not been any men present in the apartment at the time of the incident. She continued to maintain that the child had fallen over a chair. The mother stated that she did not think that the police would believe her if she admitted that her boyfriend was in the apartment. When she was asked why she did not think that they would believe her story, she stated that it was because he had been involved in several incidents of this type involving little girls before. Upon in depth consultation, the officers discovered that the boyfriend had been present in 1996, when the mother took her little cousin, who had been staying at their apartment to the same clinic that she had taken her daughter to the day of the rape. That time, they had told a similar story to the medical personnel.
They had told the medical personnel at the clinic that the child had been climbing on a cabinet and had fallen. They stated that she had begun to bleed from her vagina following the fall. The child was only eight years old. Following that incident, a niece of the mother was visiting with them when she reported that the boyfriend had tried to sexually abuse her. He was arrested for that incident, but the charges were later dismissed. There had also been two previous reports involving the child who was raped. In one of the incidents, the pair had come up with the same story that they had used to explain the vaginal bleeding of the small cousin. They stated that the child had fallen off of a cabinet that she was climbing on and had begun to bleed vaginally. In 1994, when the child was only four, child services had investigated a complaint in reference to the boyfriend and the child that he almost killed.
In 1994, the allegation had come from the child’s godmother who stated that the baby had told her that the mother’s boyfriend had touched her personal areas and that he had made her put his penis in her mouth. The godmother stated that at the time of that incident, she had often cared for the child. She stated that the child cried every time her godmother tried to wash her bottom and that no matter how clean she was, she exuded a foul odor from her vaginal area. The godmother stated that the child told her that her mother’s boyfriend had been molesting her. The godmother stated that she had urged the child to tell her mother what she had told her once. The godmother stated that when the child told her mother about the sexual assault, that her mother slapped her so hard across the face that the child fell down. The godmother stated that the mother yelled at the child not to tell lies.
Both of the defendants were arrested following the near death of the child. When the police advised the child’s mother that her boyfriend had confessed to the rape of her daughter, she told the police that she did not believe it. The two were placed in the same police car to be transported to the jail. In the police car, the mother kissed the boyfriend and told him that she would see him later at his mother’s house.
The Department of Child Services, removed all of the children from the home of these two defendants. They were placed in nonkinship foster care. There are no plans to reunite these children with their mother or her boyfriend. The agency has made arrangements for distant relatives to visit the children. The agency has taken proper legal action to sever parental rights of these parents from the children.
The boyfriend pled guilty to rape in the first degree. His prior convictions for kidnapping and other violent offenses made it impossible for him to receive less than a fifteen year determinate sentence. He was also charged with reckless endangerment in the first degree because of the delay in getting medical care for the little girl after the rape severed her internal artery. The mother was also charged with child endangerment for lying about the cause of the child’s injury and for delaying the urgent care of the child. Both persons were also charged with child abuse and child molestation.
At Stephen Bilkis & Associates with its child abuse lawyers there are convenient offices throughout New York State and Metropolitan area. Our criminal attorneys can provide you with advice to guide you through difficult situations. Hiring a rape Lawyers can prevent you from losing precious time with your family.