Friday, August 26, 2011

Man acquitted of raping 4-year-old

PHILIPSBURG--The Court of First Instance acquitted a man Thursday of having raped and sexually assaulted a four-year-old boy.

P.R.A. (42) was accused of lewd behaviour with his former girlfriend's son on two occasions: in April and in December 2010.

Arrested on December 26, 2010, and in detention ever since, the man vehemently denied the allegations. "She is making this story up," he said when confronted with his ex's allegations.

"I work two different jobs, night and day. I have never been alone with this boy," the delivery truck driver and security guard told Judge Monique Keppels on Thursday.

Medical reports of the child's injuries drafted by medical experts on the Dutch and French sides of the island provided contradictory statements.

The Dutch medical report stated that there were no traces of injuries or violence, while the reported drafted by French medical authorities cited tears around the boy's rectum, but without providing the court with photographical evidence of these injuries.

The lack of such evidence led the Dutch Forensic Institute NFI to the conclusion that, based on the medical reports alone, it could not be ascertained whether the boy actually had been assaulted sexually.

Similar doubts remained concerning a so-called "studio-questioning" of the victim by a youth forensic expert flown in from Cura�ao. Two psychologists and a Mental Health Care Foundation expert provided the court with indications that, although there were no signs of fantasy or story-telling in the young boy's statement, there were questions about the proper execution of the forensic interview.

A psychological report drafted on the suspect's state of mind did not provide any indications of mental problems, but pointed to possible exhibitionist behaviour, "anal fixation" and homosexual tendencies.

The suspect denied this. "I am not gay and never committed a crime," he said.

Prosecutor Gonda van der Wulp said this was a difficult case, because it involved a young child. "It is difficult to establish the reliability of the interview, because the forensic interview was conducted after police officials had already spoken with the child and his mother," the Prosecutor said, pointing to the fact that the child's information on what had transpired might have been coloured by his mother's interpretation.

As the medical reports were also inconclusive, the Prosecutor did not have any other choice but to request the suspect's full acquittal.

Attorney-at-law Shaira Bommel obviously did not contest the Prosecutor's position. The judge came to the conclusion that there was insufficient proof for a conviction and ordered the suspect's immediate release from detention.

Source: http://www.thedailyherald.com/islands/1-islands-news/19606-man-acquitted-of-raping-4-year-old.html

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