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                    Alaskan Child Abuse Victims

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This man got 8 years suspended from his sentence right away.  His step daughter never got any time suspended  from his sexual abuse of her.
 
Location: Wasilla
Case number: 05-61830
Type: Sentencing, Sexual Abuse of a Minor 1, Possession of Child
Pornography
Text: On 1-5-07, Timothy Jean, age 43, of Wasilla, was sentenced in
Palmer court to 20 years (5 suspended) for Sexual Abuse of a Minor 1,
and 5 years (3 years suspended) for Possession of Child Pornography, for
abusing his 11 year old step-daughter for several years. The Alaska
Bureau of Investigation Child Abuse Investigative Unit (CAIU) had
received a report on 7-27-05 from a juvenile who reported that her 11
year old friend had told her that her step father had been sexually
abusing her for several years. ABI Investigators and the State Crime Lab
Crime Scene Investigators responded to their residence in Wasilla. Based
upon this investigation, Jean was arrested on 8-29-05 with bail set at
$105,000. Jean had been in custody since his arrest. Jean was a retired
Army Recruiter who recently retired in Alaska. DNA evidence was a
significant factor in this case.
Author: DJD2
Received and posted Friday, January 05, 2007
 
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Relatives arrested in abuse case

MOLEST: Police say girl's father and brother used her for sex.

By MEGAN HOLLAND
Anchorage Daily News

Published: March 2, 2007
Last Modified: March 3, 2007 at 03:42 AM

An Anchorage girl was sexually abused for years by both her father and brother as part of a dark secret the rest of the family did not know about, authorities said Thursday.

In what police are calling a shocking case of child molestation, there were incidents of the father and older brother simultaneously abusing the girl, now 13, according to charges filed in Anchorage District Court. On one occasion, the two plied her first with Pepsi and alcohol before forcing sex on her.

Charges filed this week against the 39-year-old father and his 16-year-old son include multiple counts of sexually abusing a minor and incest.

The Daily News has chosen not to name the man or his son to protect the identity of the victim.

Anchorage police, who have increased their efforts in recent years to combat sexual abuse of minors, say the relationships among the three add an unusual and odd twist to an already disturbing crime.

Anchorage police Lt. Dave Parker says it is not unusual that the abuse went undetected for years because sexual abuse is a crime that children are hesitant to disclose. Their abusers are usually good at grooming them not to, he said.

The episode involving the family came to light when the girl told her mother she was concerned she was pregnant. Later, after authorities became involved, it was determined that she was not.

The abuses by the father and son started when the girl was 11 and the family lived in South Anchorage, according to court documents filed by prosecutors. It continued when the family moved to a Spenard hotel in November.

The man's wife, a grandparent of the two youngsters and other children also lived in the hotel. Investigators said only the grandparent, who has dementia, appeared to suspect the sex abuse.

As is typical in child molestation cases, the girl explained the abuse to investigators as if it were a matter-of-fact part of her life, authorities said. She and her brother had sex to celebrate her birthday and the holidays, the court documents say.

The 16-year-old told detectives that he had sex with his sister because he was nervous about having sex with other people, the court papers say.

The father was a cab driver for an Anchorage cab company until he was arrested Wednesday. Police say he would take the girl, whom he called his princess, with him in the early mornings. He would park the cab in a local park, then have sex with her in the back seat before dropping her off at school. The girl told investigators her father thanked her by buying her things, like lingerie.

Thursday night, the father was at the Anchorage Jail. The son was at the McLaughlin Youth Center, a juvenile jail in Anchorage.

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Alaskan Laws on Abuse

Alaska Legislation Child Custody
 
House Bill 385 (2004)

"An Act relating to awarding child custody; and providing for an effective date."


BE IT ENACTED BY THE STATE OF ALASKA:

Section 1. AS 25.20.060 (a) is amended to read:
(a) If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter under AS 25.20.060 - 25.20.130. The court shall award custody on the basis of the best interests of the child. In determining the best interests of the child, the court shall consider all relevant factors, including those factors enumerated in AS 25.24.150 (c), and the presumption established in AS 25.24.150 (g). In a custody determination under this section, the court shall provide for visitation by a grandparent or other person if that is in the best interests of the child.

Sec. 2. AS 25.20.070 is amended to read:
Sec. 25.20.070. Temporary custody of the child. Unless it is shown to be detrimental to the welfare of the child considering the factors under AS 25.24.150 (c), or unless the presumption under AS 25.24.150 (g) is present, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody under AS 25.20.060 - 25.20.130.

Sec. 3. AS 25.20.090 is amended to read:
Sec. 25.20.090. Factors for consideration in awarding shared child custody. In determining whether to award shared custody of a child the court shall consider
(1) the child's preference if the child is of sufficient age and capacity to form a preference;
(2) the needs of the child;
(3) the stability of the home environment likely to be offered by each parent;
(4) the education of the child;
(5) the advantages of keeping the child in the community where the child presently resides;
(6) the optimal time for the child to spend with each parent considering
(A) the actual time spent with each parent;
(B) the proximity of each parent to the other and to the school in which the child is enrolled;
(C) the feasibility of travel between the parents;
(D) special needs unique to the child that may be better met by one parent than the other;
(E) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
(7) any findings and recommendations of a neutral mediator;
(8) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
(9) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
(10) other factors the court considers pertinent.

Sec. 4. AS 25.24.150 (c) is amended to read:
(c) The court shall determine custody in accordance with the best interests of the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child the court shall consider
(1) the physical, emotional, mental, religious, and social needs of the child;
(2) the capability and desire of each parent to meet these needs;
(3) the child's preference if the child is of sufficient age and capacity to form a preference;
(4) the love and affection existing between the child and each parent;
(5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(6) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
(7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
(8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
(9) other factors that the court considers pertinent.

Sec. 5. AS 25.24.150 is amended by adding new subsections to read:
(g) There is a rebuttable presumption that a parent who has a history of perpetrating domestic violence against the other parent, a child, or a domestic living partner may not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody of a child.
(h) A parent has a history of perpetrating domestic violence under (g) of this section if the court finds that, during one incident of domestic violence, the parent caused serious physical injury or the court finds that the parent has engaged in more than one incident of domestic violence. The presumption may be overcome by a preponderance of the evidence that the perpetrating parent has successfully completed an intervention program for batterers, where reasonably available, that the parent does not engage in substance abuse, and that the best interests of the child require that parent's participation as a custodial parent because the other parent is absent, suffers from a diagnosed mental illness that affects parenting abilities, or engages in substance abuse that affects parenting abilities, or because of other circumstances that affect the best interests of the child.
(i) If the court finds that both parents have a history of perpetrating domestic violence under (g) of this section, the court shall either
(1) award sole legal and physical custody to the parent who is less likely to continue to perpetrate the violence and require that the custodial parent complete a treatment program; or
(2) if necessary to protect the welfare of the child, award sole legal or physical custody, or both, to a suitable third person if the person would not allow access to a violent parent except as ordered by the court.
(j) If the court finds that a parent has a history of perpetrating domestic violence under (g) of this section, the court shall allow only supervised visitation by that parent with the child, conditioned on that parent's participating in and successfully completing an intervention program for batterers, and a parenting education program, where reasonably available, except that the court may allow unsupervised visitation if it is shown by a preponderance of the evidence that the violent parent has completed a substance abuse treatment program if the court considers it appropriate, is not abusing alcohol or psychoactive drugs, does not pose a danger of mental or physical harm to the child, and unsupervised visitation is in the child's best interests.
(k) The fact that an abused parent suffers from the effects of the abuse does not constitute a basis for denying custody to the abused parent unless the court finds that the effects of the domestic violence are so severe that they render the parent unable to safely parent the child.

Sec. 6. This Act takes effect July 1, 2004.

Awarding Child Custody
Sponsor Statement for HB 385
Last Updated: March 15, 2004

"An Act relating to awarding child custody; and providing for an effective date."

Domestic violence is often a significant factor in divorce and child custody proceedings. According to the Administration for Children and Families, U.S. Department of Health and Human Services, domestic violence is the leading cause of injury to women in the United States. The American Psychological Association, the American Medical Association, the American Bar Association Center on Children and the Law, and numerous other organizations have recommended that if domestic violence has occurred in a relationship, the offender should not receive sole or joint legal or physical custody of children. A unanimous Joint Resolution of Congress, H. Con. Res. 172, adopted in 1990, urged states to adopt the statutory presumption "that it is detrimental to the child to be placed in the custody of the abusive spouse."

When children witness violence in the home, they have been found to suffer many of the symptoms that are experienced by children who are directly abused. Children exposed to domestic violence face increased risks that they will be killed or injured by the violence, that their emotional, physical and mental development will be adversely affected, and that they will be neglected or abused. We commonly encounter the mistaken assumption among professionals, including judges and custody evaluators, that children are in less danger from a batterer once a couple is no longer living together, when the reality is often the opposite.

By the end of the 2002 legislative session, 23 states had adopted the approach of the Model Code of the Family Violence Project of the National Council of Juvenile and Family Court Judges. This model state statute clearly states that there should be a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence. It emphasizes that the safety and well-being of the child and the parent who is the victim must be primary.

Unfortunately, courts sometimes apply psychological pressures that keep women tied to their abusers. "Friendly parent" statutes ask courts to assess each parent's willingness to co-parent when making custody decisions. Despite their reasonable reluctance to co-parent, battered women may end up being labeled "uncooperative," with an increased risk of losing their children to theirs and their children's abuser. This perpetuates family violence from one generation to the next at great social cost to Alaskan society. Amazingly, "Studies show batterers are able to convince authorities that the victim is unfit or undeserving of sole custody in approximately 70% of challenged cases." (American Judges Association). Friendly parent statutes are often the tool used by abusive parents against the protective parent.

HB 385 serves to better protect children from the effects of domestic violence by achieving consistency between Alaska child protection statutes and child custody statutes. This bill incorporates the sense of the legislature in AS 47.10.011 (6), (7) & (8) and 1999's House Joint Resolution No. 36 that the effects of witnessing domestic violence is harmful to children, that parenting by a perpetrator of domestic violence places a child at a substantially higher risk of being directly abused, and that the sexual molestation of a child by their parents makes them unfit.

The bill also modifies our statutes "friendly parent" provision that inadvertently harms children, particularly in circumstances involving domestic violence, child abuse/sexual abuse and neglect. Alaska is in the minority of states that still have a "friendly parent" provision that inadvertently harms children, particularly in circumstances involving domestic violence, child abuse/sexual abuse and neglect. Also, while Alaska's child custody statutes specifically mention domestic violence as a factor to be considered, they allow wide discretion and do not give it special weight. It is simply one additional factor when considering the best interests of the child.

Effects of this violence on children have high costs in human lives and to our communities. Research has consistently shown that children who witness violence suffer a wide range of short and long-term emotional and behavioral problems that often follow them for life. These children are at higher risk for psychosomatic disorders, stuttering, anxiety and fears, sleep disruption, excessive crying, problems in school, drug and alcohol abuse, sexual acting out, running away, and even suicide. Boys who witness their fathers' abuse of their mothers or siblings are more likely to inflict severe violence as adults. Data suggest that girls who witness abuse may tolerate abuse as adults more than girls who do not.

Alaska ranks in the top 5 states in the nation for per capita rates of domestic violence. The rate of Alaskan women being killed by a partner is 1.5 times the national average. Alaska has 6 times the national average of reported child sexual assault. In 3 out of 4 reported cases, the victim knew the offender, the most commonly reported type of sexual abuse is a father who commits incest with his daughter--usually the eldest daughter. (AK Dept. of Health & Social Services)

HB 385 sends a clear message that we wish to halt the perpetuation of family violence from generation to generation and that perpetrators will be held accountable.

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http://www.akrepublicans.org/mcguire/23/spst/mcgu_hb385.php


 
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