What about when MOM is the abuser?

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I was reading through a paper (Levine, K. L.(2006). No Penis, No Problem. Fordham Urban Law Journal, Emory Public Law Research Paper No. 05-37.) and wanted to post something from it that chips away at some of the stereotypes:

For example, in a large survey of college-aged women,109 while almost all of respondents had at some point initiated sexual contact with a male, their initiatives often were not benign. More than 30% of the subjects admitted getting their partners drunk or stoned to have sex, just under 30% admitted having taken advantage of a teenager, 28% admitted having threatened physical force, and about 25% admitted having obtained sex by abusing their position of authority.110


109 Peter B. Anderson, Women’s Motives for Sexual Initiation and Aggression, in SEXUALLY AGGRESSIVE WOMEN: CURRENT PERSPECTIVES AND CONTROVERSIES 79-93 (Peter B. Anderson and Cindy Struckman-Johnson eds., 1998). His sample was composed of 461 undergraduate women volunteers in New York,New Jersey, and New Orleans. All students were enrolled in courses on human sexuality. Id. at 87.


110 Id. at 88-89. Note that 20% admit having used physical force to get sex, and 9% admit using a weapon.

The last piece may surprise some.  20% admit having used physical force and 9% admit using a weapon.

I have received a few e-mails asking, in general, if there have been studies done on looking at sentencing male vs female sex offenders.  In response here is one of the newest ones from Australia:

Sentencing of Male and Female Child Sex Offenders: Australian Study

Abstract
Research suggests that, in line with the chivalry hypothesis of female offending, a range of mitigatory factors such as mental health problems, substance abuse, and personal experiences of abuse are brought into play when women who offend against children are brought to trial. This is reflected in sentencing comments made by judges and in the sanctions imposed on the offenders, and as a result female offenders are treated differently to male offenders. The current study investigated this in an Australian context. Seven cases of female-perpetrated child sexual abuse were identified over a 6-year period through the Austlii database. Seven cases of male-perpetrated child sex abuse matched as far as possible to these were identified. Court transcripts were then located, and sentencing comments and sanctions imposed were analysed. All offenders were sentenced to imprisonment, but in general the women were more likely than the men to receive less jail time and lower non-parole periods because their personal backgrounds or situation at the time of the offending (i.e., difficulties with intimate relationship, male dependence issues, depression, loneliness and anger) were perceived as worthy of sympathy, and they were considered as likely to be rehabilitated. Further investigations are needed to support these findings.

While Ms. Huckaby denies that she sexually assaulted the girl according to news reports:


STOCKTON - A newly released court document shows that Melissa Huckaby drugged her 8-year-old neighbor, Sandra Cantu, and sexually assaulted her with a rolling pin before stuffing her body into a suitcase and throwing it into a Tracy irrigation pond last year.

Sandra"s body was found with a blood-soaked cloth knotted into a noose, and her official cause of death was listed as "homicidal asphyxiation," according to court records that had previously been under gag order.

On April 6, after Sandra's body was found, police searched the church and found a rolling pin that had a bent handle and a smudge of blood later proven to be Sandra's. According to the court record, "there were injuries to the external genitalia which were consistent with the diameter of the rolling pin handles." The girl's family and church members said Sandra had never been in the church before. - Read the entire article here


I also think that she continues to try and minimize her actions with her denial and her comments that the little girl "did not suffer".  Sadly this is also another case of a sexual offense being committed but not showing up in the statistics because of a plea bargain. 

A few excerpts from the article on this case:


MARTINSBURG, W.Va. — A former Musselman High School teacher accused of having a sexual relationship with a 14-year-old male student last year pleaded guilty on Thursday in circuit court to one count of sexual abuse by a person of trust.

Stephanie Jo Walters, 28, of Hedgesville, W.Va., is scheduled to be sentenced on June 28 by 23rd Judicial Circuit Judge Gina M. Groh, who “reluctantly” accepted a binding plea agreement in an emotion-filled hearing.

At the onset of Thursday’s hearing, Groh indicated that she was not going to accept the plea because Walters did not appear to take full responsibility for her actions based on a letter the court had received.

Groh said Walters made statements in a letter to the court indicating Walters did not accept full responsibility for her actions, didn’t believe she needed treatment and also lashed out at Berkeley County Assistant Prosecuting Attorney Gregory Jones for being unfair to her.

“This is the worst response from a defendant (that wants probation) I believe that I have ever seen,” Groh said.

It is never a good sign when they blame others and refuse to take responsibility for their actions.  And there was this piece about the teen:

Before his encounter with Walters in a janitor’s closet at the school last year, “he was totally a different child” who had lots of friends and was outgoing, the woman told Groh from the courtroom gallery.

Now, he just goes into his room, and his adoptive grandmother said she struggles to get him to go out and do anything. - Read the entire article here

One of the studies recently added to the bibliography on http://www.female-offenders.com/ is:


Lambert, Sharon and Hammond, Sean (2009) "Perspectives on Female Sexual Offending in an Irish Context.," Irish Journal of Applied Social Studies: Vol. 9: Iss. 1, Article 9.


I would like to post a few pieces here:


A number of key findings emerged. With reference to the prevalence rates of female perpetrated child sexual abuse in Ireland it was surprising that such a large number of respondents reported having contact with the victims of female sexual abuse as this is not reflected in statistics of organisations such as those that fall under the Criminal Justice System. These were interesting findings as it illustrates that Ireland does have women who sexually abuse children and that a large number of victims have disclosed this abuse.

The findings from the section exploring the characteristics of female sexual abusers and their victims revealed that boys and girls are equally likely to be the victims and the abuse tends to be interfamilial. There are large discrepancies between studies. Many argue that in general girls are more likely to be the victims of female perpetuated sexual abuse. Rudin et al.’s (1995) comparative study of male and female sex offenders revealed that 62% of the female perpetrators’ victims were female. Faller’s (1987) study revealed that over 64% of the victims of female perpetrators were female. However, Faller’s (1995) study showed that 50% of her sample of female perpetrators had abused both male and female children, 40% had abused females only and 10% had abused males only.

Participants also supplied information regarding the relationship of the abuser to their victim. The current findings that the abuser was more likely to be related to the victim supports the current literature (Saradjian, 1996; Denov, 2004; Elliott, 1997). Allen’s (1991) comparative study of male and female offenders found that 70% of the female’s victims were immediate family members or close relatives, in comparison to 59% of the male offender’s victims. The Dublin Rape Crisis Centre (2005) reported that where a caller identified their offender as a female it was always a parent or other female relative.

The most significant finding in this section was the rating of typologies. Previous studies of professionals conclude that female abusers are more likely than male abusers to be classed as ‘mad’ or not in control of their behaviours (Hetherton, 1999). Others have argued that training of professionals about the issue would reduce this misconception (Bunting, 2005).

Interestingly, current typologies do not make reference to ‘sexual deviance’ in females but here it was rated higher than the labels of ‘teacher/lover’ and ‘male coerced’, two categories that dominate the typology literature. The category of ‘experimenter’ was also ranked quite highly. It is a problematic category for a number of reasons. If the abuser is labelled an ‘experimenter’ does it have an effect on how the seriousness of the behaviour is perceived and does this have implications for how the abuser is dealt with? In their study of professionals, Hetherton & Beardsall (1988) noted that female offending behaviours were classed as inappropriate as opposed to criminal and argue that this is due to an unwillingness to view female abusers as analogous to male abusers. These findings illustrate the need for debate and development of a new typology that incorporates the full scope of the different kinds of female abusers.

The participants in the current study have reflected Hetherton’s (1999) findings that abuse by females is perceived as less serious and thus difficult to detect. This has implications for current understandings of typologies and prevalence rates as the evidence suggests that this is a significantly under-reported and under-recognised problem. Other researchers have argued that attitudes of professionals also contribute to the lack of disclosures and under-recognition (Denov, 2001). A number of researchers have argued that victims of female sexual abusers have more difficulty disclosing, men are assumed to be the perpetrators and thus they feel a greater sense of stigma and isolation (Elliott, 1997; Denov, 2004).
 
It has been argued in the introduction that adopting an approach where the abuser is primarily viewed as a victim, is harmful to both the offenders and the victims. The minimisation of responsibility may have an effect on the type of treatment an offender may receive. In respect of the victim, minimisation in these cases makes them feel more isolated as the abuse they suffered is viewed as being not as serious as abuse perpetrated by males. The effects of this have been discussed in a study conducted by Denov (2004) who investigated victim’s experiences of disclosing female perpetrated abuse to professionals. Participants reported a number of negative responses including minimisation and disbelief.

Another recent study added to http://www.female-offenders.com/ is this one:


Female Sex Offenders: A Controlled Comparison of Offender and Victim/Crime Characteristics

Abstract The current study was a chart review of 31 female sex offenders (FSO), 31 male sex offenders (MSO), 31 female violent offenders (FO), and 31 male violent offenders (MO) using a 2 (female or male) by 2 (sex or violent offender) design. This is the first known study to employ three control groups when researching female sex offenders. Multiple variables appeared related to gender and crime. However, some variables emerged as FSO specific. They reported the least alcohol abuse history and had fewer admissions of guilt to the crime than the two violent offender samples. More FSOs knew their victim and were biologically related to their victim than MSOs. Lastly, the FSO sample was the least discriminating as to their victim’s gender and had the highest overall rate of sexual victimization.

It is interesting what this small study found that was FSO specific.  Fewer admissions of guilt, knew their victims and were biologically related to their victims more than MSO's and was the least discriminating as to their victim's gender.  This may be one of reasons, but not the only one, why offenses by FSO's are so under reported, even more so than offenses by MSO's.

One of the studies added to the bibliography on http://www.female-offenders.com/ is titled:

"Professional response and attitudes toward female-perpetrated child sexual abuse: a study of psychologists, psychiatrists, probationary psychologists and child protection workers."

Here is the abstract:

Previous studies have suggested that lay people and professionals both tend to deny or minimise female-perpetrated sexual abuse of children. However, such abuse has been shown to have negative impacts on the victims. This study investigated whether professionals who might work with victims or perpetrators of childhood sexual abuse show a bias in processing scenarios and making decisions when confronted such abuse. A sample of 231 psychiatrists, psychologists, probationary psychologists and child protection workers responded to variations in vignettes in which women and men offended against children, and completed a questionnaire assessing attitudes to women's sexually abusive/offending behaviour toward children. All professional groups regarded cases involving female perpetrators of child sexual abuse as serious and deserving of professional attention. However, while there were some differences between groups, female perpetrators were more likely than male perpetrators to be considered leniently, suggesting that minimisation of female-perpetrated sexual abuse of children may persist in the professional arena. As a result, both female perpetrators of sexual abuse and their victims may go untreated, and in the case of perpetrators, their behaviour may go unsanctioned. Training for professionals to enhance their understanding of the seriousness of sexual abuse perpetrated by women is indicated.

This study confirms what previous studies have shown and that is that there is a minimization of female-perpetrated sexual abuse of children by professionals who work with this population.

One of the new studies added to http://www.female-offenders.com/ bibliography page is titled "Recidivism Among Female Child Molesters."   Here is the abstract from it:

During recent years, research about female sexual offender recidivism rates using official criminal justice records has increased. Although informative, rearrest or conviction rates may be insufficient for this population. This study examines two potential outcome measures for accurately studying recidivism among 57 female sexual offenders; a criminal recidivism measure based on formal legal charges and a reported recidivism measure based on child welfare reports. Based on the criminal recidivism outcome measure, 10 (17.5%) women were charged for a subsequent sexual crime. The broader reported recidivism measure identified six additional women with subsequent contact with police or child welfare agencies for sexually inappropriate behaviors. There were no significant differences found between the 41 nonrecidivists and the 16 recidivists. The implications of these findings are discussed.

If my math is correct the recidivism rate for women who were charged with another sex crime is 17.5% and 28% for women who had subsequent contact with police or child welfare agencies for sexually inappropriate behaviors. 

As time goes on and more studies are done it will be interesting to see if these numbers play out when larger sample sizes are used.

In 2004 there was an article written by Michele Elliott that was based upon a chapter in her book Female Sexual Abuse of Children: The Ultimate Taboo.  I wanted to take a small piece of that article and put it here.  That piece talks about why it has taken so long to bring out the problem of female sexual abuse.


Why has it taken so long to bring out the problem of female sexual abuse? Female sexual abuse seems to be more of a taboo because:

(1) Female sexual abuse is more threatening - it undermines feelings about how women should relate to children.

(2) It has taken years for people to recognise that children are sexually abused, but that sexual abuse has been placed in the context of male power and aggression. Women are not supposed to be sexually aggressive and the male power theory eliminates them as possible abusers, unless they are coerced by males. Yet, in the majority of the 800 cases presented here, male coercion was not present.

(3) People find it difficult to understand exactly how a woman could sexually abuse a child. They are not seen to be capable of this kind of abuse.

(4) When adult survivors of female abuse have told their stories, they have often met with the rebuttal that they are fantasising. A child recently told that her mother had sexually abused her, along with the child’s father. The therapeutic team took the view that she was clearly projecting and fantasising. The abuse by the father was never in doubt. Only after a second assessment by a well-known team at a children’s hospital, was the child believed.

 In her conclusion was this piece:
 
The survivors are beginning to provide us with some sketchy details. Ninety-six per cent of the men and women said the abuse they suffered dramatically adversely affected their lives. That is not surprising. Seventy-eight percent of the survivors said they could find no one willing to help or believe. That is profoundly disturbing. Some said they were told that the abuser must have been male and were offered help to remember the ‘real’ abuser.

For anyone who is interested in this area I would recommend they purchase her book,  Female Sexual Abuse of Children: The Ultimate Taboo

A disturbing story:

The VIRTUS program did something this week that surprised me.  They have an article about sexual abuse by female sex offenders.  True it is a small piece but it is a good piece and every little bit helps.  Here is part of the article:

Minimization of Reports—Researchers have found that the misconceptions of sexual abuse by females permeate our criminal justice system, mental and medical health fields, and other professions that address sexual abuse. Law enforcement training tends to address male sexual offenders exclusively and this, along with pre-existing cultural biases, affects their response to reports of female-perpetrated abuse. Studies show that police officers tend initially to react with disbelief to allegations of sexual abuse by women, and they minimize the seriousness of the reports and view female suspect as less “dangerous” than male offenders. Along with other professionals, law enforcement officers are also more likely to label cases as “unfounded” when they involve women (Department of Justice, 2007).

I would also add that there is also some who actively try to dismiss or minimize even discussing the subject of female sex offenders. 

Perception that Female Sexual Abuse Does Not Cause Harm—By far the most prevalent reason female sexual offending is not taken seriously is because both men and women tend to believe sexual abuse by women and girls is not harmful to victims. Media images of attractive women and “willing” adolescent boys have existed for many years in new reports, books, television, and movies. Now we have news outlets that focus an inordinate amount of attention on any case that fits the, often stereotypical, pattern of a teen boy and pretty, young teacher. The truth is that while some female offenders do target teen boys, a greater percentage target young children of both genders. More importantly, there is no study that shows that the harm caused to victims of any age is any less when the perpetrator is a female than when the perpetrator is a male.In fact, several studies suggest that that harm may be greater because the expectation of trust was higher and the secondary trauma of not being believed or taken seriously served to increase harm to victims. In one study that included male and female victims of both male and female perpetrators, 100 percent of these victims reported that the female-perpetrated abuse was more damaging. One victim reported, “There is a deeper sense of betrayal with a female perpetrator. It’s like there is no safe place… that’s a bitter betrayal” (Denov, 2004). Although this is a subjective view, it certainly negates the belief that abuse by women does not cause harm.


I wanted to highlight something here that is very important:

there is no study that shows that the harm caused to victims of any age is any less when the perpetrator is a female than when the perpetrator is a male. In fact, several studies suggest that that harm may be greater because the expectation of trust was higher and the secondary trauma of not being believed or taken seriously served to increase harm to victims.

You can read the rest of the article by clicking HERE

The article below talks about a case in which it seems that the offender is getting a pretty light sentence.  Considering the person was already on probation for "reckless abuse of an adult" I would think that this would have been a red flag. 

RICHMOND — Jaclyn VanWinkle likely will have served her prison sentence before she is formally sentenced after entering a guilty plea Thursday to rape and sodomy charges.

VanWinkle pleaded guilty to charges of third-degree rape and third-degree sodomy stemming from an incident involving a 15-year-old boy.

Richmond police charged VanWinkle after the boy told detectives she had given him alcohol, performed sex acts on him and then had intercourse with him.

VanWinkle was arrested last July and was indicted in September on two counts of third-degree rape and one count each of third-degree sodomy, third-degree unlawful transaction with a minor and first-degree sexual abuse.

VanWinkle told Madison Circuit Judge Jean C. Logue that she did not suffer from any mental problem that would impair her ability to understand Thursday’s proceedings.

When she was arrested, VanWinkle was on probation stemming from a guilty plea to reckless abuse of an adult for her role in the abuse of a Madison Manor resident.

VanWinkle had worked as a nurse’s aide at the facility, and was charged in connection with a hidden-camera investigation into the treatment of Armeda Thomas, a resident who later died. - Read the entire article here

I was not able to find very much information in the media about the following case.  The headline states:

A woman that forced three little girls to perform sex acts on her will not have to serve any jail time if she returns to Mexico.


MESA COUNTY, Colo. (KKCO) - A woman that forced three little girls to perform sex acts on her will not have to serve any jail time if she returns to Mexico. 

Maria Elena Kennedy was convicted of sex assault on a child and Friday morning she was sentenced to 18 months in jail but won't have to serve it if she goes back to Mexico and doesn't have any contact with the victims.

One of the victims spoke before the judge at Kennedy's sentencing saying she can never forgive her for what she did. - Read the entire article here (video also at link)

I was sent a wonderful quote and I wanted to reprint it here.  This is so very true for survivors be they male or female:


The survivor [ . . .] is a disturber of the peace. He is a runner of the blockade men erect against knowledge of "unspeakable" things. About these he aims to speak, and in so doing he undermines, without intending to, the validity of existing norms. He is a genuine transgressor, and here he is made to feel real guilt. The world to which he appeals does not admit him, and since he has looked to this world as the source of moral order, he begins to doubt himself. And that is not the end, for now his guilt is doubled by betrayal - of himself, of his task, of his vow to the dead. The final guilt is not to bear witness. The survivor's worst torment is not to be able to speak. - Terence Des Pres from "The Survivor: An Anatomy of Life in the Death Camps"

 

With Ms. Huckaby taking a plea deal I am left to wonder what might come out at the sentencing hearing.  With all the other charges being dropped it may never be known what all happened to Sandra Cantu and what may have happened with other children.  Hopefully the courts will make sure that she gives information regarding any sexual offenses she may have committed against anyone. 


STOCKTON - A San Joaquin County judge has accepted a guilty plea from Sandra Cantu kidnapping and murder suspect Melissa Huckaby.

Under a plea agreement reached with the San Joaquin County District Attorney, Huckaby will be sentenced June 12th to a prison term of life without the possibility of parole for the murder and kidnap of 8-year-old Sandra Cantu of Tracy last year.




Under the plea agreement reached Monday morning, all additional charges brought against Huckaby were dropped. - Read the entire article here

This article below talks about a few important things when it comes to survivors of sexual assault, especially children and adolescents:

UK - A FEMALE sex attacker has been jailed for five years after her victim said: “She took away my childhood and the best years of my life.”

The girl, now a woman in her twenties, said she went “completely off the rails” after Gough molested her.

She said the assaults haunted her, she still suffered nightmares and flashbacks and felt she would never get over her ordeals even as her tormentor was brought to justice.

The woman, who cannot be named for legal reasons, said she missed out on “the normal things that young girls do” and lost a childhood she could never get back. Se turned to drink and drugs and “spent seven years out of her head”, the court heard.

She tried to take her own life several times, once as recently as a few weeks ago, and took medication for depression.

Drug and alcohol abuse, depression, suicide attempts.  All these things are often seen in people who have survived being sexually abused as a child.  Many times the problems may not outwardly manifest for a long period of time.  And as in this case the victim did not tell her mother what happen for years and even then she did not tell her the full extent of what was done to her.  This is also common in these type of cases with most victims of female perpetrated sexual abuse never telling anyone. 

Further in the article is this:

He said: “Despite the fact that it is undoubtedly an ugly series of offences, this is not the worst of their type.

“She did not seek out a situation in which this would arise. She did not seek out this victim.”

He added there was no intimidation, threats, abduction, detention or use of drugs or alcohol, and said it was difficult to lay all the complainant’s troubles at Gough’s door. - Read the entire article here

While I realize that defense attorney's need to defend a client I still find these kind of statements to be uncalled for.  And in another article about the trial this was said:

 During the trial, the jury heard graphic descriptions of the abuse from the victim.

She told the court that Gough terrified her and that she dreaded finding herself alone with her. 

The victim – now in her 20s – recalled how she was left in pain and bleeding after one incident.

The abuse stopped when Gough moved away to run a pub in Lincoln in 2001. - Article

Left in pain and bleeding seems to be vastly different than what the defense was trying to portray.  This case also demonstrates that anyone regardless of gender can be a solo sexual offender and that yes both male and female offenders can be violent.

This clip from April 9, 2010 is a short one being a little less than 5 minutes long.  But it is a good one.  I would urge everyone to watch the video and listen to what the offender has to say. 

http://www.oprah.com/oprahshow/Female-Sex-Offenders-First-TV-Interview-Video

And notice how she states she also sexually abused her own daughter as well as the hundreds of other children.

I thought it might be helpful to post the following so people can get a look at how one court dealt with an appeal from a convicted female sex offender.  One thing (though not the only thing)that jumped out at me was the attempt to bring up the victims previous sexual history in an attempt to mitigate what the offender had done.  Basically trying to blame the victim and attack the victim.


U.S. v. MILLER

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

CATHARINE L. MILLER, Defendant-Appellant.

No. 09-2791.

United States Court of Appeals, Seventh Circuit.

Argued January 11, 2010.

Decided April 13, 2010.

Before EASTERBROOK, Chief Judge, and KANNE, Circuit Judge, and KENNELLY, District Judge.[ 1 ]

KENNELLY, District Judge.


Catharine Miller pled guilty to one count of traveling in interstate commerce to engage in prohibited sexual conduct with a fourteen-year-old girl in violation of 18 U.S.C. § 2423(b). At her sentencing hearing, the district court overruled Miller's objections to the presentence report and adopted the report's recommended Guidelines sentencing range of seventy to eighty-seven months. The government argued for a sentence above the Guidelines range. The court sentenced Miller to a 120-month prison term. Miller has appealed her sentence. We vacate the sentence and remand for resentencing.

I. BACKGROUND

Miller is thirty-three years old and holds an undergraduate degree in engineering, a graduate degree in engineering science, and a graduate certificate in religious studies. She was living in Cincinnati, Ohio when, in July 2008, she initiated an on-line conversation on an Internet forum with a K.H., a fourteen-year-old girl from a town in southern Illinois. Within weeks, they began communicating via telephone and e-mail. Miller and K.H. discussed sex on at least ten occasions and exchanged comments such as "I miss you" and "I love you so much." K.H. sent Miller sexually explicit photographs of herself and told Miller of her sexual encounters with other females. On October 29, 2008, K.H. informed Miller that she was fourteen years old. K.H. also told law enforcement that she knew Miller was thirty-three years old.

Eventually, K.H. informed Miller that she wanted to break up because she wanted to begin a relationship with someone who lived closer to her. Miller later told law enforcement that this prompted her to visit K.H. In November 2008, Miller drove from Ohio to Illinois. She met K.H. in a park and, shortly thereafter, proposed marriage and gave K.H. a ring. Miller had already spent three days and one night with K.H. when, on November 17, 2008, K.H.'s stepfather discovered them together in the back of Miller's vehicle at a local park.

On December 2, 2008, a federal grand jury returned a one-count indictment charging Miller with traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor in violation of 18 U.S.C. § 2423(b). On March 25, 2009, Miller pled guilty to the charge.

In the presentence report, the probation office recommended that the court impose an enhancement to the Sentencing Guidelines offense level for unduly influencing a minor to engage in prohibited sexual conduct. See U.S.S.G. § 2G1.3(b)(2)(B). After taking into account this and other enhancements and a reduction for acceptance of responsibility, the probation office recommended an advisory Guidelines range of seventy to eighty-seven months' imprisonment. The probation office also noted that it had not identified any factors that would warrant a departure from the Guidelines range.

At the sentencing hearing, Miller objected to the "undue influence" enhancement. She presented evidence that the victim had stated that she had been sexually active with both male and female partners. The district court overruled the objection and applied the enhancement. It found, consistent with the presentence report, that the advisory Guidelines range was seventy to eighty-seven months.

The government argued for a sentence above the advisory range. In support, it offered evidence that Miller had a prior relationship with another minor—a photo album that had been seized from Miller's home. Miller's counsel objected. He said that he had not previously seen the evidence and that it had not been brought to his attention by the government during the pendency of the case. He argued that the defense "should have an opportunity to see that evidence before it's put before the Court. And we've not been afforded that opportunity here." July 13, 2009 Tr. 17. The district judge asked what counsel would have done differently if he had the evidence earlier. Counsel replied, "I'd have an opportunity to confer with my client and look into what information is actually represented." Id. 18. The judge then announced, "[W]e will take a five-minute recess." Id. Following the recess, the judge asked if counsel wanted to say anything further. Counsel replied, "No. I'm just thankful for the opportunity, your Honor." Id. 19.

Counsel then presented arguments regarding the appropriate sentence. The prosecutor said that the materials in the photo album reflected that Miller had a relationship with a high school-aged minor in 2004-2005. He argued that Miller would be a danger to other young girls when she got out of prison and that the court should impose a significant prison term to incapacitate her. The prosecutor started to say that while in prison, Miller could get counseling. The judge interrupted, saying that "[t]he recidivism rate of child sexual abusers is—it's massive. . . . Nothing seems to work." Id. 23. Defense counsel argued that a seventy-month sentence was sufficient, noting that Miller had no prior encounters with the criminal justice system. Counsel also noted that the court had the authority to put Miller on supervised release for the rest of her life and that there were mechanisms that would result in her being monitored closely.

The court reviewed the factors it was considering in imposing sentence. It found the circumstances of the crime to be aggravated given the difference in age between Miller and her victim and the fact that Miller was highly educated and intelligent and had not acted out of ignorance. The court also discussed the severely injurious effect of the crime on the victim and the difficulty she likely would have in recovering. On the issue of deterrence, the court said, "[D]eterrence just doesn't seem to have the effect that we wish that it would" but that it had nonetheless taken this factor into account. Id. 27-28. The court stated that it considered the need to protect the public from Miller to be "what this case comes down to." Id. 28. It stated that "the issue here is the protection of the public" and noted that "because of her intelligence and training, [the defendant] is particularly dangerous." Id. 29. The court imposed a 120-month prison term, followed by a lifetime period of supervised release, including conditions that Miller undergo sex offender treatment and that her home and computers would be subject to searches.

II. DISCUSSION

Miller appeals her sentence on three grounds. She argues that the district court erred in imposing the undue influence enhancement; by failing to give her and her counsel an adequate opportunity to consider the photo album offered by the government at the sentencing hearing; and by imposing an unreasonably high sentence without adequate justification. We consider each argument in turn.

A. Undue influence enhancement

Miller argues that the district judge erred when he applied the enhancement for unduly influencing a minor pursuant to U.S.S.G. § 2G1.3(b)(2)(B). We review a district court's legal interpretation of a Guidelines enhancement de novo and its factual findings for clear error. United States v. Patterson, 576 F.3d 431, 442 (7th Cir. 2009).

Miller agrees that a rebuttable presumption of undue influence applies under the Guideline because she was at least ten years older than the minor victim. See U.S.S.G. § 2G1.3(b)(2)(B), app. note 3(B). She argues, however, that she rebutted the presumption and that the district court erroneously concluded that the evidence she offered was insufficient as a matter of law.

To attempt to rebut the presumption of undue influence, Miller offered evidence that K.H. had told the authorities that she had multiple sexual experiences with male and female partners and had sought out such encounters. Miller also pointed to evidence that she said showed K.H. had taken the initiative at various points during their relationship. She argues that the district court determined that this evidence did not matter, relying on the court's statement that "as a matter of law, the fact that this child was sexually active is quite beside the point. [. . .] It doesn't go to what the defendant was doing." July 13, 2009 Tr. 11. According to Miller, the district court ignored our admonition that the commentary to U.S.S.G. § 2G1.3(b)(2)(B) "requir[es] a court to closely consider the voluntariness of the victim's behavior." United States v. Mitchell, 353 F.3d 552, 561 (7th Cir. 2003).

We disagree. The record reflects that despite the passing comment Miller cites, the district court in fact considered "the effect [of the defendant's conduct] on the victim," as Mitchell requires. Id. at 562. The court did not simply stop after making the comment quoted earlier. Rather, it asked whether "there [was] any evidence that would rebut the presumption here?" July 13, 2009 Tr. 11. The government argued that there was a significant difference between Miller and her victim in terms of knowledge and "the ability to manipulate [and] the ability to groom." Id. 12. It pointed to a sample of fifty e-mails in which Miller had repeatedly told K.H., whom she knew to be depressed or suicidal, that she loved her. The government argued that these comments "would have a profound effect on a 14 year old . . . that somebody is saying all these things to me and validates my worth, not as a teenager but as an adult, as an equal, and that is the influence." Id. The government also noted that material seized from Miller's home indicated that she was studying to be a guidance counselor, which gave her an even greater capability to exercise undue influence.

After hearing the arguments by counsel, the district court concluded that the presumption of undue influence
hasn't been rebutted and that's all that's required under the guidelines. In other words, . . . the defendant hasn't shown whatever it would be that would have to be shown that the ten-year differential here didn't play a factor. And I think that I clearly recognized on the record that there might absolutely be such a case, but the Court couldn't envision it. That's two different things. But it certainly doesn't exist here.

July 13, 2009 Tr. 14-15. In short, the district court acknowledged that the presumption of undue influence was rebuttable and concluded, based on the evidence presented, that Miller had failed to rebut it. The court did not commit legal error nor, given the evidence presented, was its finding of undue influence clearly erroneous.

B. Admission of surprise evidence

Miller argues that the district court erred by considering the photo album without giving her a meaningful chance to consider and respond to the evidence. She relies on Irizarry v. United States, 128 S. Ct. 2198 (2008), in which the Supreme Court said that


Id. at 2203. See also United States v. Betts, 576 F.3d 738, 744 (7th Cir. 2009) (courts are "generally prohibited from relying on undisclosed evidence [at sentencing] as this deprives the parties of the opportunity to rebut or respond to the evidence.").

Miller has forfeited this argument. Though one might question, in the abstract, whether a five-minute continuance was sufficient, her counsel did not suggest after that continuance that the defense needed more time. To the contrary, defense counsel thanked the court for the opportunity to confer with Miller, indicating that he was prepared to proceed.

For this reason, we review only for plain error. See United States v. Lemmons, 230 F.3d 263, 267 (7th Cir. 2000). Miller has failed to show that the district court's consideration of the photo album's contents impaired her substantial rights. She does not argue that the evidence was inaccurate, unreliable, or could have been rebutted, nor does she explain what she would have done differently if given a continuance or a longer recess. Because an "abstract need for more time to review the evidence"— which is all Miller argues—is insufficient to show actual prejudice, see United States v. Crowder, 588 F.3d 929, 937 (7th Cir. 2009) (denial of trial continuance), she is not entitled to a new sentencing hearing on this basis.

C. Reasonableness of the sentence

The district court imposed a sentence that was fifty percent above the high end of the advisory Guidelines range. Miller argues that the sentence is unreasonable and was based on the district court's unsupported (and, she argues, erroneous) assumption that recidivism for sex offenders is "massive" and that there is no way to prevent a sex offender from re-offending. We review the substantive reasonableness of the sentence for abuse of discretion. Gall v. United States, 552 U.S. 38, 51 (2007).

When a judge sentences a defendant outside the advisory Guidelines range, "he must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of variance. . . . [A] major departure should be supported by a more significant justification than a minor one." Gall, 552 U.S. at 50; United States v. Presbitero, 569 F.3d 691, 707 (7th Cir. 2009). The judge must give a justification that explains and supports the magnitude of the variance. United States v. Eubanks, 593 F.3d 645, 656 (7th Cir. 2010).

There is no question that Miller committed a very serious crime under aggravating circumstances and that she caused significant harm to her victim. The record reflects, however, that the court based its above-Guidelines sentence at least partly on its belief that sex offenders have a higher-than-norm al rate of recidivism, specific deterrence does not work for them, and as a result, lengthy incapacitation is the only way to protect the public. Those factors, assuming their accuracy, would apply to all sex offenders, not just Miller. "An above-guidelines sentence is more likely to be reasonable if it is based on factors [that are] sufficiently particularized to the individual circumstances of the case rather than factors common to offenders with like crimes." United States v. Jackson, 547 F.3d 786, 792 (7th Cir. 2008) (internal quotation marks and citations omitted).

Just as importantly, neither party presented evidence that supported the district court's views about recidivism and deterrence of sex offenders, nor did the court provide any support for them. As Miller has argued on appeal, the court's comments about the rate of recidivism may be contrary to studies we have previously cited. See United States v. McIlrath, 512 F.3d 421, 424 (7th Cir. 2008) (citing R. Karl Hanson & Kelly E. Morton-Bourgon, "The Characteristics of Persistent Sexual Offenders: A Meta-Analysis of Recidivism Studies," 73 J. Counseling & Clinical Psych. 1154 (2005)). And another study by one of the same authors, which Miller also cites, suggests that the recidivism rate for female sex offenders is even lower. See Franca Cortoni & R. Karl Hanson, "A Review of the Recidivism Rates of Adult Female Sexual Offenders" (May 2005), available at http://www.csc-scc.gc.ca/text/rsrch/ reports/r169/r169_e.pdf (last visited Apr. 8, 2010). In addition, the United States Department of Justice has reported that sex offender treatment programs can be effective under appropriate circumstances to reduce, to some extent, the potential for recidivism. See Center for Sex Offender Management, U.S. Dept. of Justice, "Myths and Facts About Sex Offenders" (Aug. 2000), available at http://csom.org/pubs/mythsfacts.html (last visited Apr. 8, 2010).

We do not intend by citing these studies to endorse their accuracy. And there may be reasons why, even if accurate, they do not apply to Miller's case. Our point is that the district court's comments about the likelihood of recidivism and the inefficacy of sex offender treatment, though perhaps consistent with commonly held views, are subject to debate. Given the absence of support in the record for the court's views, and for the other reasons we have cited, we conclude that the court failed to provide sufficient support for a sentence that was fifty percent above the high end of the advisory Guidelines range. "[A] sentencing judge should support an above-guidelines sentence with compelling justifications." United States v. Gooden, 564 F.3d 887, 890-91 (7th Cir. 2009) (internal quotation marks and citation omitted). As a result, we conclude the sentence was unreasonable.

III. CONCLUSION

For the foregoing reasons, we vacate Miller's sentence and remand her case to the district court for resentencing. We express no view on what a proper sentence would be.

This story below talks about a woman who has been sentenced for killing her 4 year old son and trying to kill her 7 year old daughter by throwing them off a bridge.  According to the article this is why she did it:

She told police she did it as an act of revenge against her estranged husband, who had obtained custody of the children a month earlier and who she presumed had a new girlfriend.

I have seen this same thing said by some offenders when they are torturing and/or sexually assaulting children.  Again this kind of thing highlights the fact that violence is not restricted to any one gender. 


Tears filled Stott-Smith's eyes -- her first public display of emotion -- as she sat at the defense table, waiting to be sentenced for intentionally killing her son, Eldon Jay Rebhan Smith, and trying to kill her 7-year-old daughter, Trinity Smith, by throwing them off the Sellwood Bridge last May 23. She told police she did it as an act of revenge against her estranged husband, who had obtained custody of the children a month earlier and who she presumed had a new girlfriend.

Stott-Smith, 32, pleaded guilty last week to aggravated murder and attempted aggravated murder and will face life with the possibility of parole after 35 years in prison, meaning she could be released at age 67. With the plea deal, she avoided a potential death penalty or true life in prison. She also agreed never to have contact with her surviving daughter, Trinity, now 8, or her children's family without their prior written consent and to refrain from alcohol or drug use during her lifelong post-prison supervision.

Stott-Smith, dressed in a black sweater, white blouse and black slacks, apologized for the first time.

"I just want to say that to all those that I have hurt, especially my children, I am deeply sorry," Stott-Smith said, standing before Circuit Judge Julie E. Frantz. "I hope that someday you can all forgive me."  - Read the entire article here

Stott-Smith added, "Thank you for taking care of Trinity."

I wanted to talk about the Stephanie Ragusa case a little.  With her recently taking a plea deal and pleading guilty I thought it might be of interest to some people to look at how much was overlooked or ignored in her past leading up to these events.

Ragusa was arrested in March 2008 and charged with five counts of lewd and lascivious battery for acts against 14-year-old male student.  But there were red flags prior to this happening.  Ragusa's previous history included that she failed to disclose previous arrests on her job application and when the school district found out they hired her anyway.  She has a DUI and an Aggravated Battery charge that were both dropped but she was required to list them anyway. 

She was in the classroom for two years yet there were problems.  Her first year in the classroom, her principal reported her to the Child Abuse Hotline. Her second year, at her third school, that principal accused her of using profanity and telling students about her personal life.  And it gets worse from there.

According to the Tampa Tribune "In addition to the DUI and the battery arrests, on May 1, 2001, Ragusa was charged with first-degree petty theft, a misdemeanor. After she completed a pretrial intervention program in 2003 with the Salvation Army, prosecutors dismissed the charge. Failing to disclose information is not a reason to bypass a candidate, Linda Kipley, the district's general manager for professional standards, said. 

A school board member now suggests that any hiring procedure allowing a second chance should be reviewed. Ragusa's personnel file contains two letters of reprimand."

And it does not end here.  It just keeps going and going. 

She was arrested again in April on counts of sex with a minor and lewd and lascivious battery for another student when she taught at Davidson Middle School.  There was also some allegations that she lied on her resume as well.

Now after all that you would think it was over but no.  She was arrested again near the end of April.  She was apparently caught leaving the house of one of her victims.  According to police Ragusa had gone to the boy’s house to talk about her impending trial but the discussion ended up with the pair in bed. When Ragusa left the house the officers nabbed the 29-year-old and placed her back in jail.

And there was even more that went on during her time in jail.  Now she has taken a plea bargain and faces up to 10 years.  Her attorney had this to say:

At Ragusa's June sentencing, her attorney will argue for much less prison time. Herce says the two years Ragusa has already spent in jail is enough, especially when compared to similar cases. After having sex with a student, local teacher Debra Lafave avoided prison and was sentenced to house arrest and probation.

"I think comparatively speaking, she's (Ragusa) served a lot more time than most," said Herce. (source)

It is up to each person to decide for themselves if they think her two years in the county jail is enough time or not.  If it is fair or not.  Personally I think that Lafave should have gotten a much harsher sentence and I do not think two years is enough in this case.  Looking at the patterns of behavior prior to her plea deal says something.  And I am not in favor of just plain punishment.  I am in favor of trying to make sure that this person does not harm anyone again.

This was originally posted last year and I thought it appropriate to repost this year.  When people think of school shootings, like many other crimes, they often do not think of females being capable of doing them: 

With the Columbine anniversary being today I thought this would be a good time to make a post about school shootings and females. When most people think of school shootings they do not think of girls doing it. But one of the first school shootings to occur in this country was committed by a 16-year-old girl.

In January 1979 Brenda Spencer opened fire on children who were arriving at Cleveland Elementary School in San Diego that was across from her home. She began shooting at the students with a .22 rifle. The school principal and a custodian were both killed by her while they were attempting to save the children. Spencer also wounded a police officer and 8 elementary school children before she was stopped.

As bad as that is, her comments at the time of the crime and later at parole hearings give some insight into a female psychopathic mind. At the time of her arrest she reportedly told them that she'd started shooting for the fun of it, because she didn't like Mondays. "Mondays always get me down." She had done it to cheer herself up. (this later became the basis for a song titled "I don't like Monday's") She also allegedly said "It was like shooting ducks in a pond"; "the children looked like a herd of cows standing around, it was really easy pickings."

She was sent to prison for 25 to life and has been up for parole a few times now. Allegedly at her first parole hearing she expressed doubt that any of her victims were shot by her and that they may have been shot by police instead. She also allegedly stated that she was under the influence of alcohol and drugs at the time of the shooting and that the police and prosecutors created fake evidence showing there had been no drugs in her system.

By her third parole hearing she had begun to voice guilt and remorse for her actions and made a claim that she had been sexually abused by her father in the past. I predict she will continue to adapt her story as time goes on in an effort to gain her freedom.

This article has a title that irks me.  It uses the term sexual misconduct rather than sexual assault or rape.  Add to that the fact that the writer and the defense attorney use the term "relationship".  Whether this is intentional or not it helps to minimize the fact that she sexually abused/assaulted the victim:


Nearly eight months after being arrested on 10 felony counts of sexual misconduct with a minor, Genise Schu was back in Santa Barbara County Superior Court on Monday to receive her sentencing.

Schu, who pleaded no contest on all charges stemming from a sexual relationship spanning seven years with the victim — a former Santa Barbara High School student who was 20 years old at the time of her arrest — was sentenced to six years in state prison.

“As his mother, the sense of betrayal I feel towards this woman is beyond anything I could have imagined,” she said tearfully. “Our children were best friends — both our son and our daughter — with her children. How could she do this not only to our children, but also to her own children? Although we support this plea today, in my mind, there is no sentence severe enough for what she did to our son and our family.”

According to the victim’s statements to law enforcement officials, and Schu’s corroboration, the victim was friends with Schu’s children and regularly slept over at the Schu residence. When the victim was 13 years old, Schu had sexual intercourse with the boy, an act that reoccurred many times over the next several years. - Read the entire article here

In 2005 the article titled "Female Perpetration of Child Sexual Abuse:  An Overview of the Problem" by Lisa Lipshires was written.  Here are some excerpts from that article:


Betsy K. and Marcia Turner are part of a small, growing number of people confronting the issue of female-perpetrated child sexual abuse. Many feel they are fighting an uphill battle against societal denial and cultural stereotypes of women and men.

In her 1993 doctoral dissertation, "Female Sex Offenders: Societal Avoidance of Comprehending the Phenomenon of Women Who Sexually Abuse Children" (University Microfilms, Ann Arbor, MI), Boston psychologist Laurie Goldman analyzed the ways society minimizes the scope and impact of sexual abuse by women.

Goldman initially planned to conduct in-depth research of female perpetrators. To that end, she distributed 315 letters to therapists and clinics, took out an advertisement in a major newspaper, and contacted several clinicians who treated sex offenders. She also placed 10 poster advertisements in highly visible locations. Her eight-month search yielded only one woman who was willing to discuss what she had done. Goldman knew from reliable sources that female offenders were being treated, but clinic administrators insisted that no such women were under their care.

In addition, within 48 hours of having been hung, all of her posters had been removed. Unable to obtain subjects for her study, Goldman decided to focus on the societal denial that makes female perpetrators such an elusive population.

These next pieces speak to just how much denial is at work still in society about this issue:

Goldman discovered that denial of female perpetration is woven into the very systems meant to protect children. She learned that one of her new female clients had previously disclosed that she had sexually abused a nephew, but the Massachusetts child protection agency had not referred the case to the Attorney General's office. In fact, Goldman's client subsequently admitted that she had abused two other children since her first disclosure.

This treatment of the problem by the State of Massachusetts is not unique. In the State of Washington, for example, one human services professional reported that when an accused female offender was brought before a judge, the judge declared, "women don't do things like this," and dismissed the case. In another case, a New England prison warden told Goldman that she had only one woman in her system who had been convicted of child sexual abuse because "public sentiment did not allow for such charges to be brought to trial in her conservative state."

Iowa State University sociologist Craig Allen, who conducted a study Of 75 men and 65 women who had been convicted of sexually abusing a child, refers to this process as a form of societal "gate keeping." By the time female offenders could be referred to a therapist for treatment, he writes in Women and Men Who Sexually Abuse Children: A Comparative Analysis (Brandon, VT: Safer Society Press, 1991), "only those women would be left whose behaviors were so deviant" that their abusiveness could not be denied "at any of the preceding 'gates' in the system." Allen's gate keeping hypothesis could account for why female perpetrators appear so rarely in therapists' case studies and why, when they do, they are generally described as psychotic or otherwise severely disturbed.

Ruth Matthews, a St. Paul psychologist who has worked with 50 adolescent and 70 adult female sex offenders, says another major reason why adult female perpetrators are rarely seen in treatment is that many are mothers. In such cases, she says, dependent children are generally reluctant to turn in their mothers.
 
If children -- whose disclosures still provide the primary means of reporting offenders -- are being abused by mothers who are single parents or who carry out the abuse with male partners, disclosure would cause them to be removed from their homes and placed in foster care. By contrast, when there is an offending father and a non-offending mother, a child's disclosure would not mean "as much of a loss," says Matthews. "They still will have their home, they still will have a parent, and their family will stay intact."

There is much more in the article.  Even though the article is starting to be a bit old it is still a good read about the subject. 

As much as the issue of female offenders is often not thought about or discussed there is another aspect that is even thought of less.  That would be woman to woman rape and abuse.  There is not a lot of information or help out there for those that have suffered sexual assault and violence at the hands of a woman.  Even less when it comes to the lesbians, bisexual or heterosexual women abused by another woman.  Lori B. Girshick, Ph.D. has written on this issue numerous times over the years.  Here are a few excerpts from a paper she wrote titled NO MORE DENYING:  FACING WOMAN TO WOMAN SEXUAL VIOLENCE.

Woman-to-woman sexual violence is an invisible form of sexual violation because of our denial that women are sexual perpetrators and because violence among lesbians and bisexual women is hidden. But once we face that it exists--as sexual abuse and rape in battering relationships, as date and acquaintance rapes, as sexual abuse by professionals we trust, and as sexual harassment by co-workers--we must admit that our denial has sacrificed the well-being of survivors for the perpetuation of a myth.


I agree.  Violence and abuse of any kind is wrong and every person deserves help.  People should be treated as people.  We are all human beings and that is what matters. 

Studies over the past two decades on lesbian sexual violence show a range from a low of five percent to a high of 57 percent of respondents claiming they had experienced attempted or completed sexual assault or rape by another woman, with most studies finding rates of over 30 percent.
 
These studies confirm that there is a need for resources to help both the victims and perpetrators.  A need I know is not being met in many areas. 
 
The denial and legal wording issues that she discusses also still occur today.  For example one state has the following language for definitions for a crime reporting system and the data:
 
FORCIBLE RAPE = The carnal knowledge of a female forcibly and against her will. Assaults or attempts to commit rape by force are included here; however, statutory rape (without force) and other sex offenses are not included.
 
The problem?  "Carnal knowledge" wording is the problem.  This means that a woman forcibly raping another woman would not be covered under this category and is a form of denial.  There is another site that talks about this issue and it is HERE.  In the excerpts below from that page they say:

Although the majority of rapes are committed by men, women can and do rape.1 As with sexual assaults committed by men, the perpetrator may be a partner, an acquaintance, or a stranger, and it can happen to any woman, regardless of her sexual orientation.

The experiences of women who are sexually assaulted by other women are not widely enough known or discussed. This silence makes it harder for those of us who are sexually assaulted by women to get appropriate health care and support. Service providers, media, educators, and assault survivors can help end this silence by talking more openly about this abuse.

Legally, definitions of rape and sexual assault differ from state to state. Some states define rape as an act perpetrated by a man against a woman. Others use an inclusive definition of sexual assault that does not state the sex of the victim or perpetrator and that lists a range of behaviors such as penetration by object, fingers, or penis.

Because of the widespread ignorance and denial surrounding sexual assault of women by women, those of us who are abused by other women may experience a different sort of shock than women who are raped by men. We also may feel that no one will believe us, and therefore be reluctant to seek help.

Because society does not widely recognize female-perpetrated sexual assault, women who experience it are less likely to call crisis lines or go to therapists immediately after the assault.


All good points.  This is an area that needs a lot more resources, trainings, awareness and professionals. 

The story below is one that makes me wonder what should be done in cases like this.  It also makes me wonder if gender played a role in allowing this to occur:

A BABYSITTER who bashed and sexually abused toddlers - and then warned she would kill a baby - is free to live unsupervised in the community despite a judge's fears she will reoffend.

The Herald Sun yesterday went to court to reveal the name and picture of the woman to alert parents not to leave their children with her.

The woman, then 19, used a pillow to smother a two-year-old eight times until he turned blue while minding the toddler and his twin for a friend in 2002.

She inflicted sadistic sexual abuse on the boy, threw him out of his cot and punched his twin - because they were crying.

A psychologist has previously warned the woman is a danger to children and should not be allowed near them.

During treatment she said she would kill a baby and several experts rated her as at a high risk of reoffending.

But a County Court judge did not place her on an extended supervision order that would allow authorities to stop her contacting children.
 
Chief Judge Michael Rozenes said he was "reasonably satisfied" she would commit another crime and was a danger without supervision. - Read the entire article here

I would hope that if they believed she was a danger to other people that they would take some steps. 
 
A psychologist's report from her sentencing in 2004 said the woman wanted to inflict pain on the children to punish their mother.
 
The woman confessed her crimes to a social worker and co-operated with police, but has not shown any remorse.
 
"(She) represents a danger to children and restrictions should be placed on her ability to be involved with them," the psychologist said. "There are no reliable predictors of when she may be of risk to children."

If she has not shown any remorse and the psychologist thinks she is a danger to children why would they not take steps?  The article makes a comment that she had not shown any signs of wanting to commit sexual offences while she was in custody.  That is in no way a reliable predictor. If she has still shown no remorse that would concern me more.  Hopefully the court did the right thing.

Another sad story and it makes me wonder why someone got only probation for sexually molesting a 7 year old child for years.



SOUTH BEND — A 36-year-old woman pleaded guilty Thursday to repeatedly molesting a child relative.

Holly Rhodes admitted in court to Class C felony child molestation for inappropriately touching a young boy starting from the time he was about 7 years old.

As part of a plea agreement, the state dismissed two counts of Class A felony child molestation against Rhodes.

The agreement includes a binding sentence of six years in prison, all suspended and served on probation. - Read the entire article here

To many times when I read an article about a woman sexually abusing a child I see comments that openly state or imply that the victim probably liked it or that the commenter would have loved it when they were that age. This article briefly talks about some of the horrific damage that can occur:


SD - A 54-year-old Spearfish woman was sentenced to 15 years in prison after admitting to sexually molesting an 8-year-old Spearfish boy.

Linda Barkey previously pleaded guilty to sexual contact with a minor younger than 13 and was sentenced Friday in Deadwood.

The victim's new adoptive father said the boy, now age 10, is suffering greatly from the molestation.

"He digs at his skin and causes it to bleed because he is trying to dig the hurts out of him," the father said during the sentence hearing. "He will continue therapy heavily for the next two years."

The father said the family accepted Barkey's plea deal, in which rape charges were dropped, because their son wouldn't have been able to come to court and testify about the incident.

"She raped him, touched him and physically abused him several times," he said. "To have this trauma happen to him is sickening in my opinion."

"These crimes had a very devastating effect on the victim," Lawrence County State's Attorney John Fitzgerald said. "He is a double victim of sexual assault and suffers through the trauma of having to re-live it." - Read the entire article here

Another case in which an offender is given a very light sentence.


PA - A 26-year-old Souderton woman who admitted to having sexual and indecent contact with a 13-year-old boy will be under court supervision for about seven years.

Katherine M. Dennery, of East Chestnut Street, was sentenced Tuesday in Montgomery County Court to time served to 23 months in prison after she pleaded guilty to charges of indecent assault, statutory sexual assault and corruption of minors in connection with incidents that occurred in April 2009.

"As an adult she knew what she was doing. She knew how old he was and she knew it was inappropriate and yet she did it anyway," said Assistant District Attorney Kate McGill, referring to Dennery's conduct. - Read the entire article here

I think this case pretty much speaks for itself:


Roseville - In an emotionally-charged hearing in a Placer County courtroom today, Stephanie Nicole Erends of Roseville was sentenced to state prison for 25 years to life without possibility of parole for the brutal murder of her best friend in 2008.

The term imposed by Placer County Superior Court Judge Colleen Nichols means that Erends, 26, will spend the rest of her life in prison.

Erends was found guilty on Dec. 9 by a trial jury of first-degree murder in the throat-slashing death of her longtime friend, Alicia Ernst, 24, of Citrus Heights.

The jury also found that a special allegation that Erends was “lying in wait” was true. That allegation enhanced the penalty to life in prison without parole.

Family members of both the victim and the defendant gave tearful statements to the court. In addition, Erends interrupted the prosecutor, Garen Horst, as he was recapping the crime by telling him to “shut up.”

During the trial, Horst, the prosecutor, contended that Erends murdered her friend out of jealousy and resentment stemming from presumed insults and a belief that Ernst may have had an affair with one of Erends’ former boyfriends.

Horst introduced evidence and called witnesses to prove that Erends killed Ernst in a surprise attack during the early morning hours of March 8, 2008, as the two were in a parked car on a remote section of Walerga Road near Roseville.

After being arrested several days later, Erends confessed to detectives of the Placer County Sheriff’s Department that she went into the back seat of the car, got a razor-sharp cutting tool that she’d planted there and, from behind, began slashing at Ernst, who was seat-belted in the front passenger seat.

After the attack, Erends pulled the body from the car, tried to cut the victim’s fingers off to prevent fingerprint identification, poured ammonia on the victim and then tossed garbage from the side of the road on top of the body to keep it from being discovered. - Read the entire article here

This story is so sad. Another child who is tormented and tortured by their mother and failed by the system that is supposed to protect children.



Washington - A Prince William County woman who left her 13-year-old adopted daughter to die in a frigid creek was sentenced to 26 years in prison Friday, marking the end of a criminal case that revealed shortcomings in the county's policies on child abuse.

Alfreedia L. Gregg-Glover, 45, dumped her daughter, Alexis "Lexie" Agyepong-Glover, still alive, in an icy Woodbridge area creek in January 2009 and reported the girl missing. Lexie died of drowning and exposure to the cold.

Gregg-Glover did not offer any apologies or regrets during the hearing in Prince William Circuit Court and quietly answered the judge's questions. Gregg-Glover's attorney said she had instructed him not to speak on her behalf.

Those who attended the hearing on behalf of a girl who loved butterflies, going to school and chatting with friends about cute boys on the school bus, questioned whether the punishment was tough enough. Prosecutors had asked for the maximum 51-year sentence.

"Twenty-six years is a long time, but it's not long enough," said Brenda Taylor, a school bus attendant who was among those who went to court dressed in purple, Lexie's favorite color. "In jail, she's going to get three meals a day. She's going to get heat and a blanket. Lexie didn't get that choice."

An internal audit conducted after Lexie's death found "deficiencies" in the county's handling of the case. The report, prepared with assistance from the National Center for Missing and Exploited Children, said that Gregg-Glover intentionally misled authorities by portraying herself as a loving mother and her daughter as a "severely mentally and physically challenged" liar.

Carolyn Stayman, a day-care provider who had watched Lexie for a few weeks when she was 9, remembered a charming girl who always wanted to help care for the younger children. But she said it surprised her that Lexie wouldn't snack.

"She was just a nice, little, happy girl, but she was afraid to eat," Stayman said. "When we finally got her to eat, she said, 'Please don't tell my mommy, because my mommy says you're going to make her pay for the food.' "

On the school bus, a friend would sometimes bring Lexie juice and cookies, and the drivers and attendants would also give her food, said Nancy Frederick, a bus driver who said she told officials that Lexie came to the bus bruised and in her underwear.

Commonwealth's Attorney Paul B. Ebert called the crime "horrific." "The child . . . met her death in a horrible manner because of the actions of this lady," Ebert said. - Read the entire article here

This article is another in a string of recent articles over the past 12 months that gives me hope that more people are becoming aware of and being made aware of female offenders:


Chicago - Four times recently adult women have been investigated on allegations of sexually abusing some of the state's most vulnerable teen boys— those living in child welfare facilities where they were seeking treatment for abuse, neglect or behavioral problems.

A 29-year-old teacher faces charges of having sex with a 15-year-old in Chicago. A 40-year-old instructor was convicted of having sex with a 16-year-old in a Mundelein institution. A 26-year-old Lake Villa therapist is scheduled to go on trial in April for accusations that she sexually assaulted a 14-year-old.

And now, River Forest police are investigating allegations that a woman in a care-giving role had sexual contact with a teen resident of a child welfare facility.

The string of incidents has raised concern among child welfare officials who wonder if more can be done to protect a fragile population from being preyed upon by the adults who are charged with caring for them.

"Kids in the system are abused and neglected. Their whole emotional and psychological state is often fragile or compromised. To have a therapist or someone in a position of trust like this either manipulate that fragility or take advantage of it, it's abhorrent," he said.

Experts say the public is largely unaware of the problem, in part because statistics show there are fewer female than male sex offenders and because the offenses contradict the perceptions of women as motherly and nurturing. Also, society has tended to wink at such relationships, some even considering the young men lucky to get sexual attention from a more experienced woman.

In Illinois, sexual exploitation of children by teachers and counselors is "unfortunately nothing new," said Kendall Marlowe, spokesman for the Illinois Department of Children and Family Services.

"We must treat these crimes very seriously regardless of whether the perpetrator is a man or a woman," he added. - Read the entire article here

If the allegations in this story turn out to be true I hope that the victims will be offered help and that the courts will take appropriate actions:


COLUMBUS, Ohio — A mother who ran a babysitting service out of her home was behind bars Friday, charged with child abuse.

Gianna Cochran was charged with felonies involving sexual and physical abuse of children between the ages of 8 months and 2-years-old, 10TV's Kevin Landers reported. Their suspicions of alleged abuse were verified months later, when police knocked on their door with a video," Landers reported.

"On the video camera it shows her that day strangling her, like pushing down on her chest," the parent said. "I was just shocked. I couldn't believe what I was seeing it just broke my heart."

Cochran's live-in boyfriend was suspicious about his own daughter and said he bought a "nanny camera" and caught the crimes on tape, Landers reported.

Police called the acts torture, Landers reported.

According to the complaint, Cochran is accused of "taking a spoon and jamming down the victim's throat numerous times causing the victim to cry, gag, and gasp for her breath."

Alleged crimes that may never have been uncovered if not for the hidden camera.

"We would never ever know if it wasn't for her boyfriend putting in the nanny cam," the parent said. - Read the entire article here

I wanted to present this video trailer of an upcoming documentary about Mother/Daughter Sexual Abuse:

Making Daughters Safe Again (MDSA) presents the extended trailer for its upcoming documentary, Who will love me?: Four stories of mother-daughter sexual abuse. In this compelling documentary, four courageous women share their personal abuse histories and paths to healing from an often overlooked form of sexual abuse. MDSA is the only organization in the world specializing exclusively on providing support programs, information and resources for mother-daughter sexual abuse. Visit us on the web at http://mdsa-online.org./

This story is from back in January. The title of the article sums it up pretty well:


Women on the prowl: Grown women sexually abusing teenage boys much more frequently than reported

FEMALE SEXUAL predators are on the prowl in Jamaica, targeting young boys, but most of these abusive acts are occurring below the radar.

Most of the cases of sexual abuse of boys by women are not reported to the police and, in some instances, are condoned by society which sees it as a badge of honour for the boy even though he is below the age of consent.

Consultant clinical psychologist Dr Karen Richards told The Sunday Gleaner that, around the world, there is an under-reporting of cases where women sexually abuse young boys.

“Some men I have known say when they tried to talk about sexual abuse to relatives or friends, they were laughed at. What are you complaining about? I should be so lucky is the usual response,” added Richards. - Read the entire article here

While I frequently post about sexual assault cases by females I still want to post about other abuse cases. The one below is an example of just how awful a human being can act:


EDWARDSVILLE, Ill. -- An Illinois judge sentenced a woman to 45 years in prison Friday in the torture slaying of a pregnant, developmentally impaired mother, saying the beatings, scalds and gunshot wounds she suffered were beyond anything anyone should have to endure.

Madison County Circuit Judge Charles Romani Jr. was not swayed by convict Michelle Riley's expressions of remorse.

"These were things done to this woman you don't see done to human beings, let alone animals," Romani said in handing down his punishment in the January 2008 death of 29-year-old Dorothy Dixon. "This woman suffered, and suffered greatly. No one deserves to be treated like that."

Investigators have said Dixon was abused for weeks, at times beaten with a plunger handle, burned with a hot glue gun and used for target practice with a BB pistol. On Friday, pathologist Raj Nanduri testified that Dixon's body revealed she had been scalded from head to toe with boiling water and had BB wounds "all over the body," some infected and others in varying stages of healing.

Dixon also had a "branding-type" of injury on at least one arm, two of her front teeth were missing and presumedly knocked out, and she had cuts on her scalp that "were very deep, all the way to the bone." - Read the entire article here

I find it good to see more and more articles showing up that look at these issues:


Child predators can be anywhere, and now we are learning child predators can be anyone.

"The conversation has come up lately because we have charged more than normal in the last several years."

About a half dozen women- all in authority positions- accused of molesting the kids who trust them.

Most recently sentenced, Alison Peck, convicted of having sex with a teen she taught at Greenfield High School, and Monday Laura Kirkland will be sentenced for molesting two children, a16-year-old she taught at Christian Schools in Springfield and a 9-year-old boy she babysat.

It's likely there are others we haven't heard about.

"What the national research will tell you is that under-reporting among sexual abuse victims is very high."

Possibly highest for young males, according to Assistant Greene County Prosecuting Attorney Jill Patterson.

She participated in a training course focused on the female teacher as a sexual abuser, a criminal she says is often under-estimated.

"You even see judges quoted from sentencing these women saying 'I don't think she's a danger,'" Patterson explains. - Read the entire article here

The article below talks about female sexual abusers not being as rare as some might think. One of the sad things about this is that research has been going on for decades on this issue and it has been known that they are not so rare:


WINDSOR, Ont. — She gave him life and was the only parent he ever knew. In the way she snapped photos of him sleeping and playing happily, she was like any other adoring mother. But she also committed unspeakable acts to his little body, turning him into a human sex toy in her pornographic broadcasts.

The set of facts involving the Windsor-area mother who sexually abused her two-year-old son horrified both those involved in the case and those who'd only heard about it.

"Society expects the mother of a toddler would do everything in her power to make sure her child is protected from harm," said the judge who Friday handed the 24-year-old woman a 3 1/2-year prison sentence.

He called her crimes "appalling" and "abhorrent."

While female sexual abusers are rare in the court system, those who deal with child sexual abuse know the woman is not unique. She may be the first Ontario woman to be jailed for making child pornography featuring her own offspring, but she's not the first mother to sexually abuse a child.

This next piece hits it on the head:

The instance is probably higher, since researchers are certain that many cases of child sexual abuse never come to light. "A lot of people have difficulty believing women are capable of sexually abusing children," said social worker Angela Hovey, whose doctoral thesis deals with a topic related to this theme.

Even victims of such abuse, looking back at it as adults, have a hard time talking about it.

In her past employment in federal prisons, she would ask inmates about any sexual abuse in their past. "Many men had been abused by women." The problem, she said, was "they often had more difficulty identifying it as abuse."

Hovey says it's hard to get accurate data on the prevalence of female sex offenders, much less women who abuse their own children. The best information, she believes, may come from victims themselves.

A 2003 U.S. study questioned a random sample of adults to determine the prevalence of childhood sexual abuse. It found that of the 32 per cent of females and 14 per cent of males who identified themselves as victims, nine per cent of women and 39 per cent of men said they had been abused by at least one female.

"Do I think it happens a lot more than we hear about? Absolutely," said Bill Bevan, executive director of the Windsor-Essex Children's Aid Society — which sees two or three such cases each year.

Most don't end up in prosecutions because the young victims aren't capable of testifying. "It could be a teacher. It could be a sister. It could be a babysitter. It could be a mother with her child."

Society kids that teenage boys abused by women are somehow "lucky" and females, by nature, are too nurturing to commit such an offence. In any case of child sexual abuse, there's "kind of gender bias" that automatically excludes women from suspicion, Bevan said.

"It's not the first place you look. It's the father figure you look at first." - Read the entire article here

On 2/15/10 Oprah ran a show about a mother who raped her children. You can view the full video HERE.

I thought it was good that she started off by saying that we don't hear much about this but that does not mean it does not go on. As for the rest of the interview I think each person would have to decide for themselves what they thought of the show.

I think the interview showed some information that many people might never consider when thinking about an 8 year old child and his mother. With Greg talking about the physical violence, I would say it was torture, along with the psychological violence and manipulations that his mother used on him as well as the sexual violence I think it paints a picture that is very clear.

That picture is that women can be as harmful and as violent as men can be when it comes to sexually assaulting others.

I urge everyone to watch the entire show as there is much more in the video.

You can also get the entire transcript HERE.

This case is about a 36 year old mother who raped a 12 year old boy hundreds of times. What is even worst is that she kept a diary about each event. The reporting done on the story is awful as well and I wish they would just call it what it is, rape:


U.K. - A single mother had sex with a 12-year-old boy almost 200 times - marking each encounter with a star in a sordid diary.

Angela Sullivan, 36, could face an indefinite jail sentence after admitting ten child sex charges.

Sullivan even bought the youngster a pair of trainers as a reward when the pair slept together for the 100th time, Teesside Crown Court heard.

She first seduced the boy by plying him with alcohol and performing a sex act on him, the court was told.

The pair went on to have a ten-month affair, which was only uncovered after rumours circulated at the boy's school about Sullivan being pregnant.

But when she appeared in court yesterday, Sullivan admitted ten specimen charges of causing or inciting a child to engage in sexual activity - one for each month of the affair. - Read the entire article here.

It irks me when a news outlet calls it "a ten-month affair". The boy was raped and it is not an "affair" or anything even close to that.

Thsi is a case of a former day care worker and teacher at a christian school. For those that think that private schools or religious schools are a safe haven think again:


Missouri - A former day care worker and teacher was sentenced to seven years in prison Monday after she pleaded guilty to statutory rape and sodomy.

"Everyone was pleased with the outcome -- everyone on our side," said Jill Patterson, assistant Greene County prosecuting attorney. "I thought it was just, the families thought it was just."

Laura Kirkland was accused of having sexual intercourse and oral sex with a boy she baby-sat from ages 8 to 10. She was also accused of statutory sodomy with a 16-year-old family friend.
Kirkland was a former employee of Nurturing Place in Springfield and Christian Schools of Springfield. Both employers told the News-Leader they were shocked and upset when Kirkland was charged in 2008. - Read the entire article here

In preparation for the Oprah show on Monday 2/15/10 I wanted to do a quick post of some information and hopefully the show will touch on some of this:


Approximately 95% of all youth reporting staff sexual misconduct said they had been victimized by female staff. In 2008, 42% of staff in state juvenile facilities were female. (Bureau of Justice Report)

One in six adult men reported being sexually molested as children, and -- in a surprise finding -- nearly 40 percent of the perpetrators were female, a new study found. (Source Link)

In a study of 17,337 survivors of childhood sexual abuse, 23% had a female-only perpetrator and 22% had both male and female perpetrators. ( Dube, Shanta R et al. “Long-Term Consequences of Childhood Sexual Abuse by Gender of Victim.” American Journal of Preventive Medicine. (2005):28(5), p 430 – 438.)

According to a major 2004 study commissioned by the U.S. Department of Education - In studies that ask students about offenders, sex differences are less than in adult reports. The 2000 AAUW data indicate that 57.2 percent of all students report a male offender and 42.4 percent a female offender with the Cameron et al. study reporting nearly identical proportions as the 2000 AAUW data (57 percent male offenders vs. 43 percent female offenders).. (Source .PDF Download)

Dr. Christine Hatchard of MDSA states the following on her site:

In our society, mothers are automatically given special status, and certain characteristics, such as “nurturing, caring, protective” are attributed to them. The truth is, at her core, a mother is a woman and a human being, and like any other human being, is capable of the same range of violence, hate and autonomous behavior. To view women or mothers any differently, is to not realize their full potential as human beings, for better or for worse.


Those are just a few pieces of information that show this problem is not so "rare" as some claim. Finally for those interested there is a documentary that was done in 2002 titled "When Girls Do It":


When Girls Do It

Directed by Glynis Whiting
Produced by Maureen Prentice and Glynis Whiting
Whiting Communications
46 minutes • 2001
Available on DVD and VHS

When Girls Do It takes an unflinching look at the motivations of female sexual predators and the devastating effects on their victims. This documentary reveals the human reality behind sexual abuse by women; healing those who have survived abuse, treating female offenders and preventing countless other children from becoming victims. Featuring powerful interviews and compelling testimony, it shows how important it is to acknowledge the enormity of female sexual offenses, and encourages victims to speak out against this devastating crime.