Tuesday, August 27, 2013

NM - Court filings: LCPD investigator (Michael Garcia) sexually assaulted girl in his car

Michael Garcia
Michael Garcia
Original Article (Video Available)

08/26/2013

By James Staley

LAS CRUCES - What started as a ride-along with a detective -- an exciting event for a teenage girl who dreamed of police work -- took a dark turn when the girl's supposed mentor sexually assaulted her in his unmarked Las Cruces Police Department car, according to court documents.

Friday night LCPD arrested one of its own, longtime detective Michael Garcia on related charges: criminal sexual penetration, a fourth-degree felony, and second-degree criminal sexual contact. Garcia, 37, of the 5800 block of Megan Street in Santa Teresa, posted a $20,000 secured bond late Friday, and was released from the Doña Ana County Detention Center.

The girl, whose name is being withheld by the Sun-News due to the nature of the alleged crime, recently told another LCPD detective about the incident, according to a criminal complaint filed Monday in Magistrate Court. The girl told an LCPD investigator she was "falling apart" and that "being a police officer was so important to her and it was taken away from her" in May 2011.

That's when, Garcia reportedly took the girl, then 17 and an Las Cruces Public Schools Excel student, on the ill-fated ride-along. After leaving a scene where somebody had died, Garcia reportedly took her back to her high school. Garcia allegedly drove past the school, then into a nearby neighborhood.

Once they stopped, according to the complaint, Garcia unzipped each of their pants and fondled her. He forced her hand to his genitals. Later, after she was crying and shaking, he threw her hand away and said, "god damn it," according to the complaint. He seemed to know what happened was wrong, the complaint states.

"You're not going to say anything, right?" Garcia reportedly told the girl, according to the complaint. "I have a wife and kid. This is my life."

Garcia and his wife are divorced.

During an interview with another detective Friday at LCPD headquarters, Garcia reportedly admitted to the assault, according to the complaint. That detective described Garcia as "remorseful."

The student never again went on a ride-along.

Garcia, who specializes in crimes against children cases, has been placed on paid administrative leave. He was also an officer with DARE, a well-known drug education program that places officers in the classroom with students.

The supervisor of LCPD's criminal investigations division, Lt. Kerry Clements, said Monday that no prior complaints had been levied against Garcia.

LCPD chief Richard Williams seemed shaken as he spoke of the case Monday in front of reporters at City Hall.

"It's painful for us," he said. "It hurts our department. It hurts the men and women that go out and protect this city each and every day. ... It's something we would never put up with."

Added Williams: "He will go through the process like anybody else."

Williams and Clements both said the investigation was swift.

"The minute we heard about the allegations, we immediately opened up a criminal investigation," Williams said. "That process worked rather rapidly."

Clements said LCPD consulted the FBI for the case. FBI spokesmen Frank Fisher said his organization is helping with resources and is looking into any possible violations of federal law.

It remains an active investigation, Clements said, and more charges could be coming against Garcia. No other officers have been placed on leave as part of the investigation, Clements said.

LCPD has arranged for counseling for the girl, as they typically do with such victims.

Saturday LCPD spokesman Dan Trujillo said this was the first incident of an officer facing criminal charges during his time with the department, about seven years.

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TX - Celeste police chief (Roger Eugene Mueller III) slated for arraignment for indecency with a child

Roger Eugene Mueller III
Roger Eugene Mueller III
Original Article

08/27/2013

By BRAD KELLAR

Celeste Chief of Police Roger Eugene Mueller III remains in custody on two counts of alleged indecency with a child by sexual contact.

Mueller is scheduled to be in court today, as the City of Celeste is coping with the loss of one-third of its police force.

The Hunt County grand jury returned sealed indictments against Mueller Friday, in a case investigated by the Texas Rangers. Mueller was taken into custody Friday on arrest warrants connected to the indictments.

Mueller is set to be arraigned on the indictments this morning during a hearing in the 354th District Court, at which time Mueller would be expected to enter a formal plea of guilty or not guilty to the charges.

The indictments, unsealed Monday afternoon, allege Mueller touched the breast(s) of a girl of less than 17 years of age on June 1, 2012 and on May 30 of this year. The indictments were filed as second degree felonies, each punishable upon conviction by a maximum sentence of from two to 20 years in prison and an optional fine of up to $10,000.

Mueller is being held in custody at the Kaufman County Jail. Bond was set at $75,000 on each charge.

Mueller has filed a writ of habeas corpus from the jail, seeking a reduction in his bond.

An attorney who filed the writ for Mueller, and who also is representing Mueller in a pending divorce case, did not return a call from the Herald-Banner Monday.

A representative for the City of Celeste declined comment about the situation Monday, referring all calls to the Texas Rangers. The Celeste Police Department consists of Mueller, one part-time officer and one reserve officer.


UK - Tougher sex offender restrictions sought by campaigners

Childhood Lost campaign
Original Article (Audio Available)

08/26/2013

By Dominic Casciani

Charities and an MP are campaigning for tougher restrictions on sex offenders, saying the system is not preventing the grooming and exploitation of children.
- And nothing ever will prevent it!  If someone is adamant on committing a sexual crime, they will.  Even if you have 1 million laws on the books and murdered all who commit a crime, you'd still have people committing crimes!

The "Childhood Lost" campaign says police also need powers to restrict suspects who have not been convicted.

Nicola Blackwood MP is tabling an amendment to a bill to create Child Sexual Abuse Prevention Orders, similar to anti-social behaviour orders.

The Home Office said that it would consider the campaign's proposals.

The UK has a range of powers designed to control sex offenders, including a general requirement that they inform the authorities of their whereabouts.

'Failing victims'
The main restrictive power, the Sexual Offences Prevention Order (Sopo), can curtail a convicted offender's movements, such as by banning them from parks or from near schools.

But critics say it is hard to impose conditions if they are not immediately sought during sentencing, and impossible for the police to seek to restrict the behaviour of a suspect who hasn't been convicted.

Police forces rarely seek Foreign Travel Orders against offenders who go overseas to abuse children because the courts can only ban travel in limited circumstances.

Ms Blackwood said that the proposed Child Sexual Abuse Prevention Order, to be introduced as an amendment to the Antisocial Behaviour Bill, could simplify the current system and allow police to pursue grooming gangs more vigorously.

The Oxford West and Abingdon MP said she was backing the campaign in the wake of the shocking scale of grooming in her own constituency, exposed in a major trial earlier this year.

The men at the heart of that sex grooming ring - and others like it in other cities - spent weeks and months grooming vulnerable girls before trafficking them into a life of prostitution.

Ms Blackwood said: "As an Oxford MP, I have seen for myself the appalling devastation caused by child sexual exploitation. Victims were not only targeted by abusers but also failed by those supposed to protect them. That must end now."

"The current prevention orders do not give police the tools they need to prevent child sexual abuse. The law is still failing victims."
- We can see it now, the police or politician doesn't like someone, so they use this law to get the kids taken away from someone and label someone a "potential sex offender" for something they might do.  You know, a "Big Brother" type scenario.  They just say they are "preventing" sexual abuse to arrest you for no reason.

Hearsay evidence
Under the campaign's proposals, police chiefs could seek an order using hearsay evidence and other intelligence about a suspected offender, even if the apparent victim is too afraid to co-operate.

The court could then ban a suspect from any activity linked to abuse - such as having children in their cars, or entering areas where they are known to target them. Individuals would face up to five years in jail if they break the order.

A Home Office spokesman said: "Whilst we have some of the toughest powers in the world to deal with sex offenders, we keep them under constant review and will consider proposals like this."

"We are already looking to improve the use and effectiveness of Foreign Travel Orders and other measures to put further protections in place."

The coalition of charities behind Childhood Lost also wants each area to have a dedicated child sexual exploitation centre to identify and protect victims. It also wants ministers to have the power to publish internal local council reports into serious failures by social services.


TX - Ten-Year-Old Texas Girl Charged With Raping Four-Year-Old Boy

Juvenile sex offenders
Original Article

08/27/2013

By Addam Corre

A ten-year-old girl from Houston has been arrested and charged with raping a four-year-old boy during a game of doctors and nurses.

The girl, who is referred to in the media as “Ashley,” is said to have been playing with a bunch of kids from her housing complex back in April this year. A neighbor, who was passing by on her way home, reported what she saw to the mother of the four-year-old boy. She said that Ashley had been “inappropriately touching the child.”

Ashley reportedly said: “I was at the track with my friend cuz I like running track with my friend and then my Mom called my friend and she told me that my Mom said I had to come home.” She continued, “I was crying and they took me to the car and I didn't want to get in and I was crying and I was moving and trying not to get in the police car and my Mom told me to calm down.”

A full two months passed before Ashley was arrested and charged. She was taken to the Harris County Juvenile Detention Center, where she stayed for four days.

The accused girl spoke about the fact that she didn’t like being alone in the detention center and wanted to go home: “When my Mom came to see me I said I wanted to go home and then she said I couldn’t go home and she was like I know you want to go home.”

Ashley’s mother told reporters that the Houston Police sex crimes investigator denied her the opportunity to sit in on the interrogation, which lasted for 45 minutes and left Ashley in tears. Ashley’s mum spoke to reporters saying: “It’s a nightmare even having to go through something like this because that’s my baby, that’s my baby and just the thought of her going through something like this it hurts me.”

The police in Houston refused to comment on the case, due to the age of the accused girl. Quanell X, who is working with Ashley’s family said: “I’ve never dealt with a child this young being accused of a crime,”

Quanell went on to explain that doctors and nurses game was nothing more than horseplay: “In fact this was nothing more than inappropriate horseplay that has now lead to a child that is ten years old being charged with aggravated rape.”

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What Can Be Done About Pedophilia?

Question Mark
Original Article

08/26/2013

By ALICE DREGER

Academics on the most common questions, and where we stand with "treatment"

To accompany todays’s first-person essay from David Goldberg, "I, Pedophile," I asked James Cantor, Ph.D., an international expert on pedophilia, to answer some common questions. Dr. Cantor is Associate Professor of Psychiatry at the University of Toronto and the editor-in-chief of Sexual Abuse: A Journal of Research and Treatment. (We have known each other for about 7 years through our common academic interests.)

How is pedophilia usually defined?

Pedophilia is the sexual preference for or a strong sexual interest in children. The term usually refers only to sexual preference for/interest in prepubescent or early pubescent children.

Sometimes people like David Goldberg, the author of the essay, are seen or referred to as "gold star pedophiles" or "good pedophiles." Can you explain what those seemingly incongruous terms mean?

It is extremely important not to confuse pedophilia—meaning the sexual interest in children—with actual child molestation. Not every person who experiences sexual attractions to children acts on those attractions. People who are pedophilic but who work to remain celibate their entire lives are being increasingly recognized as needing and deserving all the support society can give them.

What do you think David means when he refers to people being "too scared of the legal and social consequences" to seek help?

Many jurisdictions have passed mandatory reporting regulations for psychologists and other health care providers. Consequently, when someone who thinks he might be a pedophile comes in for counseling or therapy, the psychologist may be compelled by law to report the person to the authorities. That, of course, can lead to loss of the person’s job, family, and everything else. So, these people have simply stopped coming in at all, and instead of getting help to them, we now have pedophiles circulating in society receiving no support at all.

What evidence do we have that pedophilia is a sexual orientation?

Sexual orientation” means different things in different contexts. When they say “sexual orientation,” most people mean a sexual interest that is inborn and unchangeable. No one chooses to be sexually attracted to children, although people do choose whether they act on their sexual attractions. Therapists have been attempting to turn pedophiles into non-pedophiles for a very long time, but no one has presented any objective evidence of any enduring change in sexual interests. People can learn self-control, people can take sex-drive-reducing medications, and people can learn how to live more healthy and productive lives, but we do not appear to be able to change the pedophilia itself.

What do we know about where pedophilia comes from?

The best current evidence suggests that pedophilia results from atypical wiring in the brain. This field of research is still very new, but it appears that there exists what could be considered a “cross-wiring” in the brain anatomy that is responsible for controlling natural social instincts or behavior. Although learning happens after birth, humans are pre-wired to recognize and respond to certain stimuli. It seems, from research conducted thus far, that stimuli that usually elicits nurturing and protective responses in most adults are instead eliciting sexual responses in pedophiles.

So are pedophiles “born that way”?

In studies, pedophiles show signs that their sexual interests are related to brain structure and that at least some differences existed in their brains before birth. For example, pedophiles show greatly elevated rates of non-right-handedness and minor physical anomalies. Thus, although pedophilia should never be confused with homosexuality, pedophilia can be meaningfully described as a sexual orientation. Scientists have more specifically called it an “age orientation.” Caution has to be used, however, so as not to confuse the scientific use of the phrase “sexual orientation” with its use in law. Because the phrase “sexual orientation” has been used as shorthand (or as a euphemism) for homosexuality, there exist laws and policies barring discrimination on the basis of “sexual orientation.” These were not likely intended to refer to pedophilia.

Is it reasonable to be afraid that, if we recognize pedophilia as a sexual orientation, we will have to consider it socially acceptable?

It is reasonable for questions of social acceptability to be directed at behaviors. People are responsible for their behaviors, not their thoughts or sexual attractions. For example, we very readily acknowledge that a typical heterosexual man will, while just walking down the street, find some women sexually attractive. We would not, however, conclude it is socially acceptable for him to coerce any of those women into sex. Thinking of pedophilia as an innate characteristic that a person did not choose and cannot change can go a very long way in helping society come to a rational response to the problem—one that can help prevent molestation of children.

Can someone be cured of pedophilic desires? For example, could a pedophile through treatment go on to have either no sexual desire or a fundamentally different kind of sexual orientation?

The best treatments we have available for pedophiles help them develop the skills they need to live a healthy, offense-free life and, in some cases, to block their sex drives (if they feel it would help them). We have not yet found a way to convert pedophiles into non-pedophiles that are any more effective than the many failed attempts to convert gay men and lesbians into heterosexuals.

What treatments are available for pedophilia?

In my experience, pedophiles are the most likely to commit their offenses when they feel that they have nothing going for them in their lives and that therefore they have nothing to lose. People are most likely to do the most desperate things when they feel the most desperate. Unfortunately, much of the current social systems greatly increase rather than decrease these people’s feelings of desperation.

Traditional treatments for pedophiles have largely been based on treatments initially designed for addictions, using a model called Relapse Prevention. It has been very difficult to assess the effectiveness of the model (or any model), because we cannot randomize people into treatment and placebo groups.

My greatest hope is less about treatment, however, and more about prevention. Despite the fact that many people imagine sex offenders to be insatiable predators or ticking time bombs, only 10−15 percent of sex offenders commit new offenses. I believe we can prevent a much greater number of victims if we put greater energies into early detection and provide support before the first offense occurs, rather than relying only on stronger and stronger punishments after the fact.
- More recidivism studies.

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