What is Stalking and Why is it a Dangerous Crime?

The Fatality Review Annual Report for 2017 addresses misconceptions about stalking and explains why it is a much more dangerous crime, connecting to more deaths of domestic violence victims, than most people realize.

Stalking involves a course of conduct by the perpetrator that is meant to cause fear and uncertainty or an expectation of harm in the victim. It is often an unseen or almost invisible crime, but the danger lurking around the corner or in the shadows is always a sign of trauma and injury to follow.

This course of conduct is also found in civil cases where one party – the aggressor or perpetrator of crimes paying to avoid accountability and block protection for the victim and children involved – uses stalking tactics to destabilize the victim. It is no less of a crime when stalking occurs in the context of a scheme to cause harm during litigation. The intent is provoke the victim into appearing more scared and to the point of looking paranoid than the targeted party would be otherwise. Because stalking can be obscured and sometimes explained away by the perpetrator, the victim may be easily discredited and thereby unable to receive protection. The perpetrator is then free to continue the stalking and harassing behavior. In situations like the one just described, the perpetrator often uses others to stalk and harass by proxy.

This scenario is one seen in many cases reported to My Advocate Center, and it is often the case that professionals being paid by the perpetrator are assisting in the series of crimes by coordinating and covering for the perpetrator. Doing so is profitable because it also helps prolong litigation as the perpetrator will pay to escalate the stress and injury to the victim while avoiding accountability for the criminal behavior. This is a dangerous trend in family courts and one that must be addressed now before more lives are lost – including those of the children witnessing this form of domestic or family violence.

 

Georgia Domestic Violence – Fatality Review Annual Report 2017 by Deb Beacham on Scribd

Investigating Backpage and Exploitation

Exploitation is one of the worst diseases of all time in our society.

Exploitation isn’t a new disease; acts of abuse in taking advantage of those who are vulnerable, who can be beaten down, held hostage in some manner, used for work, sex, entertainment, experiments, etc., and to increase the perpetrators’ profits have occurred since the beginning of our existence.

It is almost impossible to avoid as it occurs in many forms, so when an investigation such as this one into the website Backpage and the people running it leads to a shutdown, seizure and federal charges, it’s a big win.

Exploitation of others, especially of children, isn’t going to slow down until profit centers collapse and perpetrators are exposed. In my work and throughout this website I explore and report on various forms of exploitation and abuse. I believe it’s important to identify the pressure points in society where vulnerabilities are created or worsened, where families are broken down, parent-child relationships disintegrated and children destabilized to a point that puts them at much greater risk for harm. Families in conflict, especially when children are involved, are ripe for exploitation. It is profitable to take advantage and to use children to increase profits.

Common sense, even without all of the available data, tells us that when you destabilize children, increase uncertainty, take away needed medical and psychological healthcare, traumatize them by denying access to nurturing and safe parents, enable perpetrators of physical and psychological abuse, you are setting our young ones up to fail. You are also creating inventory for those who profit from exploitation of children.

What is Backpage and what is the impact of this investigation?

As seen in Reuters online news:

Groups and political leaders working to end forced prostitution and child exploitation celebrated the shutdown of Backpage, a massive ad marketplace that is primarily used to sell sex. This effort involved multiple states and federal authorities including the FBI, IRS and also the US Postal Service. The website posting said U.S. attorneys in Arizona and California, as well as the Justice Department’s section on child exploitation and obscenity and the California and Texas attorneys general had helped shut down the website.

“Today, Backpage was shutdown. It’s a huge step. Now no child will be sold for sex through this website,” tweeted US Senator Heidi Heitkamp of North Dakota.

Heitkamp helped draft legislation passed by the Senate last month that makes it easier for state prosecutors and sex-trafficking victims to sue social media networks, advertisers and others that fail to keep sex trafficking and exploitative materials off their platforms. The bill passed by an overwhelming bipartisan vote of 97-2.

President Donald Trump will sign the bill into law next week, said Heitkamp. The legislation, featured prominently in the popular Netflix documentary “I am Jane Doe,” amends the Communications Decency Act, which has shielded website operators from state criminal charges or civil liability if they facilitate sex ads or prostitution.

“Shutting down the largest online U.S. marketplace for sex trafficking will dramatically reduce the profitability of forcing people into the commercial sex trade, at least in the short term,” said Bradley Myles, chief executive of Polaris, an international anti-slavery group that runs the National Human Trafficking Hotline.

There would be “a dramatic shift in the marketplace starting tonight,” Myles added.

This article by Medium explains more about the steps and effort involved to achieve the passage of SESTA and the shutdown of Backpage.

LEARN MORE ABOUT THE FEDERAL LEGISLATION HERE.

The legislation followed a two-year investigation by the U.S. Senate Committee on Homeland Security and Governmental Affairs’ Permanent Subcommittee on Investigations, on which Heitkamp serves, into ads placed on Backpage.com of victims of sex trafficking, including in North Dakota.

The new federal law will empower states to do more to protect those vulnerable to trafficking. The name of the legislation is the Stop Enabling Sex Traffickers Act (SESTA).

Specifically, SESTA would:

  • Allow victims of sex trafficking to seek justice against websites that knowingly or recklessly facilitated the crimes against them.
  • Eliminate federal liability protections for websites that assist, support, or facilitate a violation of federal sex trafficking laws.
  • Enable state law enforcement officials, not just the federal Department of Justice, to take action against individuals or businesses that violate federal sex trafficking laws.

Senator Heitkamp emphasized that this legislation is necessary to immediately provide victims an avenue to seek justice for their exploitation – and make sure that companies will be held liable to the fullest extent of the law for profiting from this form of modern-day slavery.

Note: until there is greater liability and consequences for those profiting from all forms of exploitation of children, both online and offline, our children will not be safe. This work at the state and federal level to take down this website and charge the people responsible for facilitating child sex trafficking is a great step; it is already having a powerful impact on the exploitation of minors.

In local Georgia news:

Atlanta news station WSB-TV’s reporter Lauren Pozen interviewed advocate Kasey McClure of 4Sarah.net along with attorney Esther Panitch who is waging battles for victims childhood sexual abuse.

“Lots of companies who host other people, who communicate through them, are really going to be watchful for to see how far this goes because it’s not just an unpopular website like backpage, but will it affect other websites that maybe are kind of on the line,” said Channel 2 legal analyst Esther Panitch.

Advocates for victims of sex trafficking say the takedown  is a step in the right direction.

“More victims started coming forward and saying this is happening to me and I think people started recognizing they had a problem. The issue that is going on with backpage is them being held accountable for basically allowing men to exploit and rape minors,” said advocate Kasey McClure, who founded 4sarah.net.

How does this affect my community, my children?

Backpage.com let users create posts to sell items but it is mostly known for prostitution among adults but also trafficking children.

Channel 2 Action News reported child trafficking as recently as last month in Cobb County where police found prostitutes as young as 14 years old inside a Marietta motel. Teens told police they were forced to create ads on backpage.com.

Children should not be treated as commodities, should not be sold or exploited, ever. They deserve our focus, and need our time and resources to protect them. Do you agree? Contact me here to learn more about what you can do.

Noteworthy Research by My Advocate Center

Studies show that it is routine practice for professionals involved in family conflict to break down relationships between protective parents and children. It is routine practice to engage in psychological abuse of the children and to put them in harm’s way, escalating stress and worsening coping mechanisms.

These children become more vulnerable to addiction and exploitation.

Why is this happening? The answer is multi-faceted but simple:

  • It’s profitable to do so.
  • Family conflict cases create ripe opportunities to increase profits at the expense of victims of abuse and/or fraud.
  • Perpetrators of abuse are motivated to spend more to avoid consequences; they are also often led to break other laws to avoid exposure.
  • Parents who are desperate for protection, including for their children, are easy to destabilize and take advantage of during litigation; trauma is intentionally caused and used to wear them down, using up time and financial resources as well as removing community support from them in the process.
  • Children can be easily isolated or cut off from the protective parent and worn down or brainwashed into not resisting against abuse; during the course of such abuse the children are also often denied the kind of medical and psychological treatment needed to survive and cope with what has happened to them.
  • There is no oversight, let alone accountability, for those exploiting and profiting from this form of child trafficking.
    • Even in cases where child sexual abuse has been confirmed by DFCS or other forensic experts, the result is the withholding of protection and a coverup of the abuse.
    • Even when professionals obtained proof the abuser created and/or possessed child pornography, this evidence did not serve to protect the children.
  • Anyone trying to stand up for their right to protect their children faces attacks to discredit and destabilize them; and may even be denied due process, including being prevented from presenting evidence and testimony in their defense.
  • Children who have asked to be heard are silenced, with some sent out of state and isolated by appointed court professionals such as psychologists acting as “evaluators” of the family conflict concerning the children.
    • Children who are not sent away are still restricted and controlled through the use of certain therapists and/or guardians who serve to control the thought process of abused children, and filter or control the flow of information to and from the children.
    • The professionals in these roles will often also submit false reports to courts, give false testimony to protect the abuser and/or to blame the protective parent.
  • Putting profit over protection is the norm that parents are not warned of before submitting their lives and giving up their rights in our courts

Use this form to report a situation involving any of the above issues. For reports involving child abuse, click here.

Fortunately there are also legislators at the national level who understand this is a major problem;

The mishandling of family conflict by professionals who control and profit from undoing and withholding what children need, including safety and the nurturing care of a safe parent, is a problem that feeds the sexual predation industry and also benefits from it. The two areas of exploitation serve the other and conflict with the key policies and statements set forth in this concurrent resolution in our U.S. Congress.

  • Child Safety must be the first priority in matters of custody litigation, and states should improve how custody cases are adjudicated
  • 15 million children per year are exposed to domestic violence or child abuse, which are often linked
  • Child sexual abuse is significantly under-documented and under-addressed in the legal system
  • Child abuse is a major public health problem with an estimated total cost of $124 billion related to child maltreatment, including physical, sexual, psychological abuse and neglect, and that is just for one year’s worth of confirmed cases.
  • The CDC’s work on Adverse Childhood Experiences (“ACE”) further explains the harmful impact in this resolution
  • Allegations of family violence, child abuse and child sexual abuse are discounted often in litigation
  • Perpetrators of abuse are often given custody of the children. There’s more, but you get the idea.

My parting thought for you is this question:

Is it possible to strengthen families and to better protect children so that we eliminate the vulnerability of children to predators?

Deb Beacham

 

Troubling Endorsements of Sexual Harassment and Abuse

It’s hard to image how we as a society stomp out sexual abuse and harassment and truly help victims of assault when those in positions of power and authority do not take it seriously. When efforts to seek accountability fail, it sends a message to predators that they are free to continue.

Two situations come to mind for me as clear and overwhelming examples of this problem with accountability. Both situations are well documented and involve many offensive acts which did cause severe and lasting damages to victims.

In learning of these and other such situations involving abuse, a cover up and avoidance of accountability, I couldn’t help but ask this: if this kind of misconduct is tolerated and protected, what else are these predators and those who protect them willing to do? Does any life, any right, any need…matter to them?

AUGUSTA: OUTSIDE THE GATES

In Georgia, in the family law area of our legal system, a sexual predator was given the position of Guardian ad Litem in many domestic cases involving child custody disputes. The role of this person as Guardian position lasted for years, so let yourself imagine how many lives were negatively impacted over that time and for years to follow. Unless you’ve been subjected to such pain and loss, however, it will be impossible to fathom the depth of suffering.

I’ll address the details of abuse by court-appointed Guardians (GAL’s) more fully in a separate post, but there are many and they are fueled by the same mentality that people are there to be used and taken advantage of, even when the court professional is a sworn officer of the court and expected to abide by laws specific to their role and profession.

Other court professionals knew of the predatory conduct in the Augusta area, and even discussed it amongst themselves in writing. They did nothing about it, and especially did nothing to address the twisted and harmful outcomes of cases, let alone the damages to the victims and their children. Of course the man eventually left the role of Guardian but was never held accountable and there was no investigation or relief for the families and children.

What happened?

The Guardian ad Litem chosen to sway the court in favor of one parent and against another used his position to coerce sexual favors from women subjected to his authority in their child custody litigation. In at least one case where the Guardian was complied with, the mother obtained custody when she was not the safe parent. That means the father in that case lost custody in spite of the evidence of the mother’s problems – endangering the children when they were in her care. Of course the father had no way of knowing that the mother of his children was being sexually harassed and assaulted by the GAL who influenced the court against him.

In many more cases involving abusive conduct by the Guardian, mothers who would not give in to his advances lost their children. In at least two cases, the children were forced to live with a parent who was psychologically abusive and potentially dangerous to them given issues with addiction and rage. Those mothers and their children were harmed badly as a result of this Guardian’s influence with judges and attorneys managing the cases, but there has been no recourse for them in either civil or criminal cases.

Even with news coverage of these cases and the pervasive sexual exploitation and fraud on the court, nothing was done about it. It was said by law enforcement that no crime occurred, that there was nothing the agency could do, and a judge actually just referred to the misconduct as “harassment,” saying, “sexual harassment isn’t a crime in Georgia.”

If a court-appointed Guardian ad Litem is not held accountable for such abusive conduct, and is allowed to freely abuse such power in this position of trust and control, what does that say about our system for determining what is in a child’s best interests? Can any parent expect to have their rights upheld when it comes to staying in a child’s life or having the ability to protect their children who are in harm’s way?

Taking it a step further, if such predatory conduct by a court-appointed Guardian is to go unpunished while the lawyers bill for the work going on around this conduct, what else, what other forms of abuse, were being perpetrated against victims of abuse? Were the professionals in this area aware of other abusive conduct and staying silent, or worse?

With Georgia’s extremely high rates of child sexual abuse, exploitation and trafficking, the issues raised here should not just be filed away. These are not isolated incidents but indicators of bigger problems in the legal system and in our state.

Predatory conduct and the mindset of those in power who avoid holding perpetrators accountable make for a very dangerous combination. *If you can’t be protected from sexual assault when you enter the court system, where can you expect to be protected?

 

CORPORATE MALFEASANCE AND COVERUPS

The story below is connected to a recently resolved criminal case and ongoing civil matter in Georgia. Both sides of the story are troublesome and raise issues of accountability for wrongdoing; it appears that there is no perfect answer, no one clear resolution in store. I’ll say for now that one crime does not justify another, but it will be up to the jury and court to determine if secretly video-taping inside another person’s home is a punishable offense in this particular situation.

April 11, 2018, update: the jury acquitted the defendants today on all charges. Read more in the Daily Report here.

The purpose of sharing this information here is to highlight the mindset of sexual predators and lack of accountability for their misconduct, as well the extreme challenges for victims of abuse in seeking relief. Currently, there are no criminal investigations into any form of sexual abuse related to these parties that I’m aware of. News media, especially the legal news media, are only focused on the gyrations of the criminal trial for eavesdropping violations by the alleged victim of sexual abuse.

Updates on this trial are being reported by Robin McDonald with the Daily Report/ALM. For the latest as of Monday, April 9th, click here.

This update reveals the detective who tried to look into the allegations of sexual abuse by the employer stated that no crime was committed, but he was also unable to conduct a thorough investigation due to records being sealed and ongoing civil actions wherein parties and lawyers did not want to talk openly. Allegedly the court issued a gag order preventing the housekeeper from speaking about the matter. Police Lt. Carben Tyus pointed out that the existence of a parallel civil case does not, as a rule, impede a criminal investigation. “They are often simultaneous,” he said, adding that criminal prosecutions often take precedence over civil cases. It seems that one of the issues raised was that the alleged victim waited months before reporting, and produced no evidence of a crime, only narrative about the civil litigation.

BACKGROUND

In Texas, a woman was fired in retaliation for reporting severe and prolonged sexual harassment and assault by her co-workers and supervisors. When she left and started her own business, her business was attacked to cause her loss of income. I didn’t know about this case and the federal court’s scathing opinion of the predatory and retaliatory conduct until April of 2018 because it was introduced in the aforementioned criminal trial of a woman and lawyer involved in confronting the former Waffle House chief executive. Regardless of the outcomes of these cases, the information and federal court judge’s response to this abusive behavior are noteworthy, timeless and should be preserved.  We shouldn’t just move on from this like it’s another headline to be forgotten.

This is worth repeating:

Predatory conduct and the mindset of those in power who avoid holding perpetrators accountable make for a very dangerous combination. *If you can’t be protected from sexual assault or harassment in your place of work, where can you expect to be protected?

What allowed the entitled and predatory mindset seen in both of the above situations is pervasive and causing our society to rot from the inside out. It’s about a lack of humanity and empathy, the notion that people are there for the taking, there to be exploited and profited from in some way, no matter the cost.

After publishing this post, I dug a little further to find this AJC article from several years ago when the Waffle House “sex video” and the cross-claims were in the news; this was before the recent criminal case gained momentum. It provides added perspective which I believe is missing from the recent coverage of the criminal trial.

This is what followers of the Waffle House CEO Sex Tape “scandal” and the resulting civil and criminal cases are not hearing about:

  • In 1998, a U.S. district court judge in Texas ruled in favor of a former Waffle House personnel recruiter who alleged repeated sexual harassment at the hands of her superiors.

He, the chief executive, “… either condoned the wrongful conduct of (top Waffle House executives ) or sanctioned it in advance,” wrote the judge, who awarded former Waffle House personnel recruiter $8.1 million. The district judge’s written decision was later “vacated” by the court as part of a confidential settlement between Waffle House and the woman. (her name is redacted to keep the focus on the patterns of conduct relevant to this article)

  • The former recruiter agreed to support the woman in this present case, stating, “I think it’s important for this case that people realize that the power (he) has and the personality he has, how he could coerce someone to do what she did over all those years,” she testified. “And she, unlike I, could not just walk out and get another job.”

“You know, if a boss invites you to have sex or do sexual things, you always have to wonder what will happen if you say no,” she said.  The man who was her boss, she said, is “a bully. I find him to be someone who preys on others weaker than he is.”

As it turns out, the woman who did report repeated sexual harassment was terminated, with no record against her to justify the termination.

  • Classic victim-blaming:

“She was a jilted lover with an axe to grind,” said the lawyer for the former executive. The lawyer also stated that prior claims of sexual abuse or harassment are irrelevant in the current case.

I’ll leave you with one last thought for now: the situations featured here involve clear and compelling evidence of abuse, as well as evidence of failures by professionals and authorities to properly respond.

If such well documented abuse, exploitation and betrayal cannot lead to accountability and protection, what does this mean for victims of abuse – including children who are sexually exploited – where there is less evidence?

What other forms of misconduct, including retaliation for reporting, are being endorsed and covered up by corporations? What about by our courts?

Can you expect your own family members and children to be kept safe?

 

Sexual Harassment: Scribner v. Waffle House, Inc., 976 F. Supp. 439 (N.D. Tex. 1997) via Justia by Deb Beacham on Scribd

Georgia Political Update: Victim Protection and Perpetrator Accountability

Many of our citizens believe that protection for victims is the battle cry only heard from the progressive side of the aisle, but in this past legislative session I learned about the role of the Georgia Baptist Mission Board and how conservative values drove policy reform efforts to better serve victims of abuse and to improve safety and stability for our citizens.

One of the things that stood out for me is that the Georgia Baptist Mission acknowledged its members have as much to lose as other religious groups from extending statutes of limitations for suing not only sexual predators but also the entities that enabled and/or covered for the predator. In spite of this financial and public exposure risk, the Baptist leadership stated firmly its position to seek better protection for the vulnerable and real accountability for perpetrators of child exploitation.

This is not a liberal or conservative issue, nor is it a characteristic of one party or another.

It is resoundingly a matter of right versus wrong.

We need more of this form of advocacy, this type of integrity and leadership. We need more people across society to loudly and firmly, “No,” to putting profit over protection. In my work and social engagement, online and offline, I’ll continue to acknowledge and support good work by those on all sides of political, faith, protection and enforcement issues. The more we all pull together and close the divides that exist around this problem, the faster we save lives and stop abuses of all forms.

The topics of predatory behavior, the lack of transparency and accountability for perpetrators, the lack of protection for children and adult victims of abuse, and the extreme difficulty for victims and survivors to recover are ones I’ve been studying, analyzing and reporting on for years. I’ll continue this work far into the future, specifically focused on solutions that both prevent and assist in recovery.

I’m especially grateful to all participating actively and investing in creating change in this area of our society. Thank you for standing up, speaking out, and showing up repeatedly and demonstrating your commitment to improving safety and allowing for recovery.

In this section below, I’ve included an excerpt of the legislative update from the Georgia Baptist Mission Board’s Public Affairs team:

SEXUAL ABUSE

“On a positive side was legislation like HB 732, sponsored by Rep. Deborah Silcox, that increases fines and penalties for pandering and solicitation for sex trafficking. These are the “middle men” who are out there drumming up business for pimps and johns. This legislation is needed to crack down on all who are a part of sexual exploitation of individuals for sex trafficking in our state. See GBC resolution on this issue https://gabaptist.egnyte.com/dl/JTaByb5jS7/RESOLUTION_ON_HUMAN_TRAFFICKING.PDF_ .

Rep. Jason Spencer addresses the topic of sexual predators at a press conference. MIKE GRIFFIN/Index

A bill that caused a sizable amount of controversy had to do with HB 605, The Hidden Predator Act. This bill, sponsored by Rep. Jason Spencer, (https://christianindex.org/children-hidden-predator-act-2018/ ) passed the House by a 170-0 vote. The bill basically allowed the statute of limitations to be extended to allow victims of child sex abuse to sue entities who had covered up child sexual abuse in the past. The bill was severely amended in the Senate. (https://christianindex.org/legislative-update-georgia-hidden-predator-act/ ) It was amended so much that there was very little legal remedy left for those whose statute of limitations had run out for criminal prosecution.  This legislation was introduced in the context of the legal cases regarding the Boy Scouts, The Catholic Church and USA Gymnastics.

Georgia Baptists supported this bill because we felt that it struck a balance in allowing the victims to sue, and the rights of the entities to defend themselves. However, because of the severe amending done by the Senate, the House did not agree with their version. The Senate would not appoint a conference committee and the House would not agree to the changes and the bill, therefore, died. This is a sad outcome for these victims/survivors of child sexual abuse.”

 

Let me know about your involvement in these issues and how I can better support you by contacting me here, and by connecting and engaging on social media.

Thank you,

Deb Beacham

My Advocate Center on Twitter

Facebook Advocacy

 

Now That We Know: End Human Trafficking

This Pro Advocate Radio broadcast page is dedicated to a unique organization that is positioned to end the trafficking of children and other victims of sexual abuse:

CLAWS: Civil Lawyers Against World Sex-Slavery

“Could you have fathomed that human trafficking would present a real and present danger in the United States, let alone right in your own backyard?”

No, neither could we, but our eyes are wide open now and we invite you to listen and to get involved with CLAWS.

Please scroll down to the Audio Clip for this special show featuring CLAWS, then visit www.usCLAWS.org to purchase tickets for the inaugural benefit on 9/24 at the Atlanta History Center.

This is an event you don’t want to miss, so come prepared to be moved into action!

Who ~ What  ~ When and Where:

David Boone, Trial Lawyer, President and Founder of CLAWS

David Lester, Executive Director of CLAWS

Civil litigation is a powerful tool that is available to help law enforcement and society interrupt, intervene and eradicate this nightmare.

CLAWS has the legal prowess and willpower to take predators to task, while helping victims seek restitution. Your support will go a long way toward seeing the number of survivors trump the list of perpetrators.

Yes, this is a bold call to action, but now that we know, we must use our resources, including our time and talent in the world of civil litigation, to end this nightmare that ruins the lives of so many.

The Launch on September 24th: Learn more about CLAWS and show your support at the Inaugural Fund-Raising Gala at the Atlanta History Center.

Check out event details on this Facebook page and please share with your networks:

 

US CLAWS Save the Date 9.24.15 GALA

 

Pro Advocate Radio broadcasts out of Atlanta, Georgia, on both 92.5fm on Saturday morning at 8am and on the Buckhead Business Radio channel. Advocacy is in the Air: we spotlight important issues and help non-profits and dedicated professionals continue conversations that save lives and support our communities.

Exploitation and trafficking destroys lives, so we invite you to join with CLAWS and decide how you can help.

 

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Walk the Line…Together

If a judge said to you, “You are walking the line” in speaking up to protect your child, would you back off of that line? Or would you gather an army around you to push THROUGH and over that line, if that’s what it takes to save your child?

Stop_Child_Abuse_Family_Court_Fulton_County

Please study “The Dome” case and decide if you believe it’s ok to tell a protective parent – mom or dad – that he or she should mind their manners and stay off the “line” of confronting abuse and foul play in court.

Court Watch: Do Georgia Predators Have It Easy?

Is being a sexual predator in Georgia just entertainment, or are we ready to call it a crime to sexually assault someone or to secretly videotape children and adults during private moments?

Three fathers in Georgia have so far avoided conviction and real consequences for alleged sexual misconduct, as has former magistrate judge and Guardian ad Litem Doug Nelson in the Augusta Judicial District.

Before we get into the specifics of these cases, we want to make sure you are aware of this video and the related document. The Georgia Domestic Violence Bench Book exists to help guide professionals in family law and child custody cases involving violence and various forms of abuse.

In the Atlanta area we are asking the question, “Should this man, William Randolph Cushen, be considered as safe for any child?” Would you leave him unsupervised with your own child or anyone else’s child?
CBS46 News

This post covers the issue of protection being avoided intentionally by certain professionals, and avoided consistently across Georgia counties in family law, child custody, family violence and child abuse cases. It touches on our analysis and reporting from the Atlanta area counties, including Cobb and Fulton counties, to the Augusta circuit including Richmond and Columbia counties. The more you learn about what it takes to prosecute offenders and to protect victims, the more you realize we clearly need more help in Georgia on abuse cases. We hear and read a lot about DFCS being blamed for situations involving harm to children due to a shortfall on caseworkers, negligence or lack of oversight, but what about cases where DFCS and law enforcement are kept out, and family court professionals are to blame?

Comparisons: Some crimes are committed and recorded – literally – which show that assault is a crime. (See Turnage and Cushen, as examples.) Others are clear as well in that ethical, credible professionals have substantiated claims of abuse, only to be blocked from testifying or ignored by the courts.

Turnage: This past year we learned this older GOP official, also a predator, was foolish enough to “play” around in front of Skype getting himself caught in the act of attempted rape.  Billy Joe Turnage, chairman of the Union County Republican Party in northern Georgia, was arrested after police responded to an ongoing rape that had been seen on Skype. (Photo removed March 2015)

Georgia just can’t help it, it seems, when it comes to sexual predators and wanting to be seen in the news.   This official and GAL Doug Nelson were caught in the act, but only one was arrested.   The one responsible for helping to commit fraud during litigation and causing damages to innocent parents – and to their children – has not been arrested, and the family court judge close to this situation said “sexual harassment is not a crime in Georgia.”  Judge Roper, what was done in Augusta is not mere harassment; it was assault and it was done in the context of coercing victims using their children as leverage.

Other judges in that area knew the Guardian ad Litem Doug Nelson was a predator, sexually assaulting mothers, throwing cases based on whether they complied or not, but they did nothing to intervene. Nothing has been done yet to correct the situation. This damaged both good mothers and good fathers. The toll on the children is still rising, but Georgia officials have done nothing so far. Some of these family court cases involve DFCS investigations, but we can show that the injury to children and parents is not related to any alleged DFCS failures. It is the family court professionals who are blocking protections.

How is it that sexual predators just have an easier time with help in avoiding prosecution? Either way this news coverage of sexual misconduct and attempted assault or actual assault is critical.  

What is hard to believe is that the Cobb County, Georgia, man – William Randolph Cushen – who secretly videotaped adults and children using the bathroom in two states is still able to avoid consequences in Cobb County Family Court while his victims await justice in the criminal court. He was able to plead out in Florida on similar charges after avoiding arrest in Georgia to be extradited to Florida, but family court professionals like Guardian ad Litem Larry Yarbrough do not appear interested in using the evidence on this case to protect the children. Certain court professionals have held the mother hostage in the legal process while waiting to see if the father Randy Cushen was indicted. They stalled decisions and protections in this case, even though there is no question that he committed these crimes, including secretly filming other adults and children.

Update: now that Randy Cushen has been indicted, we will get to see if the Child Custody expert, GAL (guardian ad litem) Larry Yarbrough and the Superior Court judge give this man free reign to continue abusing, or if they protect the children and hold him accountable. In addition to the damages caused to the victims of his crimes, and the risk to his own children, the father’s attorney and other court professionals appear to want the mother to lose her business and to be unable to provide for their children. There is still much here to investigate. One question parents and counsel might consider is whether or not to allow a criminal defense attorney who is positioned to defend alleged perpetrators (as opposed to protecting children) to be assigned as guardian, especially in cases where child abuse or violence may exist.

Case history:

MARIETTA, Ga. – November, 2013. A Cobb County man is accused of secretly photographing and recording both children and adults at a pool and in restrooms.   Investigators say William Randolph Cushen, III of Kennesaw set up hidden cameras at both a neighborhood pool and his own home. According to an arrest warrant, Cushen secretly photographed women at the pool at the Overlook at Marietta Country Club, and in a bathroom at his home on Grey Point Court.  The warrant says Cushen secretly videotaped women, men and children in the bathroom. Cobb County police would not comment about the case, citing its nature and an ongoing investigation. …Talk about being caught in the act!  

We want to bring your attention quickly to a major problem for victims and for our State leadership:  

Victims often do not get the support or protection they need, or the crime isn’t called a crime apparently until the victim is nearly dead, or deceased. This is not just because victims are afraid to speak up, and it’s not just that the evidence does not exist or hold up. This may be over-simplifying the answer, but it seems that the core issue is that it is more profitable to avoid protecting victims and to let true offenders off the hook. This is what we refer to as putting profit over protection.

Maybe the assault in front of Skype referred to here will make a difference even though police say the victim was “not physically injured,” or will this be forgotten? Thanks to this assault being seen, Billy Joe Turnage was arrested and charged with aggravated sexual battery and criminal attempt to commit rape.

But what about Randy Cushen’s victims? Child abuse can be prevented_My Advocate Center

When is it their turn to have justice?

Perpetrators of sexual assault, even those careless enough to leave evidence on text (Doug Nelson, GAL), on their computers (Cushen), or on Skype (Billy Joe Turnage), and even those exposed in the news media, often do not get prosecuted, and in some cases they do not face the consequences that early reporting suggests they will receive.

Two other cases we follow, one in Fulton County and another one in Cobb County, both involved investigations that led to substantiated abuse reports (one by DFCS), but the alleged perpetrators are still given either primary custody or visitation rights without any regard for the protection needed by the children.

It does seem that Georgia has a problem with tolerating sexual assault and abuse, even when the crimes and evidence are clearly identified and the victims are begging for justice (Cobb County let father John Kristofak out of jail knowing he was mentally unstable and committed to murdering his former wife).  

These are not isolated incidents and much of the injury is predictable, and avoidable.

If national news media is what is needed to make a difference, then we hope this SKYPE spotlight will serve us well!

In the meantime, please keep asking this question: is it all of Georgia leadership and all courts or agencies, or is it mostly family court professionals who put profit over protection?

Either way, KEEP THE PRESSURE ON to have predators and those who cover for them held accountable, while ensuring protections and treatment for victims.

Union County Sheriff Investigator Staff Sgt. Darren Osborn told the paper that 911 dispatchers received a report of an ongoing “assault and rape” of a 39-year-old female at Turnage’s residence last week. Osborn said that investigators from the Georgia Bureau of Investigation conducted two days of interviews before bringing criminal attempt to commit rape charges against Turnage.  

 

This is KEY: the GBI only needed two days to decide to bring criminal charges for the attempt to commit rape.

But in the Fulton County Superior Court case, the GBI did not follow through on twice-confirmed evidence of child pornography, and both police and forensic experts were not allowed to testify for the protection of this child. Now the alleged perpetrator is getting away with making false allegations against the abused child’s mother, and she has been run into the ground from trying through the court system to defend herself and to protect her child. 

Why should the public follow up on this particular story about the rape assault on Skype? Because other sexual assault victims in Georgia, and victims of other types of assault or exploitation, are not getting justice or any kind of protection in many cases.  If we lose interest in these stories everyone loses, especially victims of crimes. In other cases the perpetrators do not have the political pull and connections this man apparently has. So if those other offenders are never convicted and their victims do not get justice, what do you think might happen here?

In the Augusta area, mothers who were sexually assaulted by the GAL Doug Nelson during their child custody cases cannot get law enforcement to take action against this predator. This is in spite of his text messages revealing his actions and their video testimony, and in spite of the fact that there are multiple victims and clear damages.  

There is even proof that judges knew this was going on and did not intervene, ignoring the damages to both parents and to their children. Good mothers lost custody of their children when they did not comply with his demands for sex, while at least two good fathers lost their rights – and a lot of money – when the mothers on those cases allegedly complied with Nelson’s advances.  

What in the world is going on outside the gates of the peaceful and austere grounds of the Augusta National Golf Course, home to the Masters Tournament?  This can’t possible be the same place the world sees as a golfers paradise?

Back to other news: The New York Daily News and other major media outlets spent time to learn whether this is the norm in Georgia, or was this aging now-former official just that stupid on top of being willing to commit the criminal act of raping a woman?

“A Georgia Republican official is facing criminal rape charges after he broadcast on Skype an alleged sexual assault attempt, according to a bombshell report.

Billy Joe Turnage, the 76-year-old GOP chairman in Union County in northern Georgia, allegedly tried to rape a 39-year-old woman in her house — and he televised the disgusting act on the Internet, according to the North Georgia News.”

 On this AJC page covering the Georgia election updates, more is explained about how this went down – or actually went UP, as in on the air: “Oct. 22, dispatch received a 911 call at approximately 4 p.m. of what was believed to be an assault and rape,” Sgt. Osborn said. “It was being viewed via Skype. Deputies responded and I responded as well.”

Ryan Mahoney, a spokesman for the state GOP, said state party officials have received no communication regarding Turnage’s status. Any effort to remove him would require action at the local level, Mahoney said. A picture of Turnage and David Perdue, the GOP candidate for U.S. Senate, is on the Union County GOP Facebook page. It’s not likely to be there long. (If you follow up on this story, please let us know if this offender was held accountable.)

Correction: the Union County GOP Facebook page is GONE.  So apparently that is one way to rid yourself of pesky photos of predatory pals.

 

 

For now we’ll leave you with these questions:

Do victims of assault experience real damages even if they are not physically injured or if the injuries do not include physical bruising or tearing?

Do we expect our Courts and Law Enforcement to prosecute crimes and protect victims even when news media is not applying pressure?

If this kind of abuse is being reported on by news media, and victims are still not receiving any help from the courts or from state agencies, then what hope is there for other victims?