If we as a society understand that 1/3 of us have been or will be sexually assaulted in our lifetime, and that, as uncomfortable as it may make us to talk about it, we really can’t avoid having these conversations any longer, we can work to bring about a change that protects our children. This is a problem that belongs to all of us.
Many of you have been hearing or reading about Chelsea King in the news lately. What happened to her is a tragic story about a teenage girl who was attacked and murdered while out jogging near her home in California. As it turns out, the man charged with the crime in this case is a convicted sex-offender named John Albert Gardner III, who was pled out on a lesser crime for molesting and beating a 13-year-old girl back in 2000. Gardner is also the suspect in the attack and murder of another little girl by the name of Amber Dubois.
Through the use of careless words and/or direct finger-pointing, some people in the media and a few in Blogland, have effectively blamed the 13-year-old, her parents, and the prosecutors for reportedly “sparing” the child the trauma of testifying at a criminal trial by allowing Gardner to enter into a plea agreement that included five years in prison and three more on parole. Some people make it sound like the victim’s role after-the-fact is simple: testify against the attacker and everything will be fine.
Make the victims understand that they have a responsibility to testify, get their parents to make them, don’t let the prosecutors plead out the case. I wish it were that simple, but I know it is not.
On one particular blog, this conversation sparked a passionate debate about placing blame on victims and whether or not victims have a responsibility to testify. Above everything else, there was one line in one comment that stuck with me,
“…we all have our opinions. Opinions are not facts.” In fairness to the commenter, I don’t know what she meant by that or what is her opinion, I just know that my thoughts on this are more than opinion; for me, they are absolute facts. Although my situation was different, I was just this girl’s age when it happened to me and I’m pretty familiar with what it’s like to walk in her shoes.
Let me help you to really see that 13-year-old girl. She’s just been violently attacked and had things happen to her that she has no way of understanding. There is fear now where there wasn’t before. She’s only thirteen. Her whole world has been turned upside-down, she’s humiliated, degraded, and feeling feelings she cannot even name. She’s been robbed of her right to explore her sexuality on her own terms at her own pace. School dances and first kisses? Not the same. She feels different now; like she’s being judged by everyone and they can all see right into her soul, so she builds a wall around it. Any shot she had at having a normal adolescence is out the window. And did I mention the fear? It’s worth mentioning again. She doesn’t feel safe anymore and it’ll be a long time before she gets that back, if ever.
Can you see her? Now put yourself in her place and imagine how this conversation would go if they actually told her the truth:
Honey, we want you to get up in front of a crowd of strangers, and the man who did this to you, and tell everyone exactly what happened. Will you do it?
I won’t know what to say. Do I have to tell everything?Yes, everything. Just the way it happened.
They’ll think it’s all my fault. They’ll think I’m bad for skipping school and going over to his house. They’ll say I should have stopped him if I didn’t like it.Some people might think that, but not everyone will. You still need to tell them what he did.
I don’t know if I can. Will he be able to see me?Yes, he will be in the courtroom, but so will a lot of other people so he won’t be able to hurt you. (In some jurisdictions today the answer will be): You can testify in front of a video camera in another room. You won’t have to look at him, but he will be able to see you on a television screen, and so will all of the people who have to be in the courtroom, and later anyone else who is working on this case.
So he will know that I told what happened?Yes.
What’s going to happen to him if I tell?Not much. We’re going to put him in jail for a little while, but he’ll be out shortly after you graduate from high school.
He’ll be mad. What if he comes back? Will he be able to find me? I can’t promise he won’t.
And if I don’t testify?Well, he’ll be out around the time you graduate from high school.
Do you see the problem? It isn’t whether or not she goes through with the horror of testifying; it’s the fact that the outcome is nearly the same either way. Our laws do not offer us long-term protection or a sense of safety. This is what we must fix first.
Think about it. John Albert Gardner III was sentenced to five years in prison and three more years of parole. What do you think he’d have gotten if the 13-year-old child had testified at his criminal trial? I did a little research on this and found that, on average, the sentences range from seven to eleven years; that’s just a short time longer than Gardner served without her testimony at trial. It would be naïve to think an additional couple of years behind bars would have rehabilitated him. The recidivism rates for these crimes are staggering and the more violent the crime, the higher the number. It’s been reported that sexual offenders often have as many as 200 victims during their lifetime. They do not stop.
If a victim knows that testifying against her attacker will keep her safe from him for the rest of her life, she may still say no. She may be unable to re-live the nightmare that she has been through, and God help us if we judge her for that decision, for it is hers and only hers to make. However, if she is considering testifying, don’t you think she’d be more likely to go through with it if we have one-strike sentencing laws for violent sexual offenders and she knows she never has to see him again?
We need to make it count when a victim tells her story. If we do, there will be far fewer stories to tell.