Preface
Right, this may look a bit familiar because it’s a rewrite of the post I put up this morning. Mrs Slug thought the legal stuff needed some attention, and so thought she’d collaborate and throw in her tuppence worth. It’s worth reading for the conclusion; I didn’t see it coming.
Yesterday, Mrs Slug phoned me up to tell me about this story, and I knew I’d find it already up over at JuliaM’s place, and there it was. Basically, a maths teacher sexually abused a four year-old boy and when his parents found out about it they accepted £18,000 from the man rather than telling the police. Four years later, the child told someone else about what had happened and all this came out, causing bafflement and outrage from everyone. In fact, it’s probably safe to say that observers are more critical of the parents than they are of the offender, seeing as they have seemingly cashed in on the abuse of their child to get on the property ladder.
I generally avoid the Daily Mail dogwhistle childcare stories as you only ever get their inflammatory version of one side, as the local authorities have to abide by confidentiality rules; but this is a bit unique. Most commenters are asking why the parents haven’t been arrested themselves and are otherwise questioning whether the child should still be in the parent's’ care. So, while taking dictation from Mrs Slug, I’m going to go through some of the details, as these cases are never as simple as they first appear.
I’ll run through some of possible crimes suggested that the parents be charged with in the comments over at Julia’s blog and on the Mail article:
Blackmail/Extortion – The definition includes the phrase unwarranted demands with menaces. For all we know this was his idea.
As an aside the maximum penalty for blackmail is 14 years in imprisonment. The crime in this case is reported to be causing or inciting a child under the age of 13 to engage in sexual activity. A crime with a maximum sentence of life imprisonment or 14 years if the activity did not involve penetration. Apparently he got a three-year community sex offenders' treatment programme, placed on the sex offenders' register for ten years and banned from ever working with children. You can decide for yourselves whether this would have been a greater punishment (or indeed deterrent) than forking out £18,000.
Yeah, thought so.
Conspiracy to pervert the course of justice – As far as we know they haven’t fabricated or disposed of evidence and they haven’t intimidated or threatened any police, jurors or judges. And they’re not interfering with a witness because there wasn’t a case in the first place.
Child Cruelty/Neglect – are part of the same offence in criminal law, (the police would have to prove that the parents had wilfully assaulted, ill-treated, neglected, abandoned, or exposed him or caused or procured him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement).
However unsavoury we find their behaviour, they didn’t commit the offense itself, and there is no legal compulsion to report the fact that someone else did, unlike with crimes like terrorism.
Having said all that, it is unlikely that the CPS would bring charges anyway because it is very definitely not cut-and-dried and relies upon the proof of a deliberate or reckless inaction causing this child harm beyond reasonable doubt. They would also have to consider whether it was in the public interest to drag this already troubled child through the ordeal of a criminal trial –of his own parents no less- which is frankly, dubious.
What we are therefore left with to make sense of the situation are social services- who will never win in the eyes of the tabloids or blogs because it’s always either too much or too little. Several commentators were quick to demand that social services act against these parents, which means the social workers would have to consider if there are child protection concerns. The threshold for this is that “a child has suffered or is likely to suffer significant harm as a result of the care afforded to him not being what it would be reasonable to expect a parent to give to him/her”.
So have the parents’ actions/inaction caused harm to the child?
First, did they fail to adequately protect their child from this man? Probably not, particularly as this person was a teacher, and they couldn’t have known beforehand.
Second, this case has arisen because the child has told someone and it is therefore suggested to still be traumatised by it some 4 years later: were the parents neglectful by not reporting the case and getting him the support that he needed sooner? Because of the lack of action and pretending that it all never happened, it is entirely possible that they have caused more psychological harm than the initial act of abuse itself.
Third, whatever happened, they didn’t report it and so the child did not receive medical attention if he needed any.
Fourth, what kind of messages does this send to the child in terms of right and wrong and their ability to protect him?
Finally, in criminal proceedings consideration is given to compensation. The guidelines say that compensation should benefit, not inflict further harm on, the victim. Any financial recompense from the offender for a sexual offence may cause the victim additional humiliation, degradation and distress. The parents certainly don’t appear to have thought about the impact on the child of accepting this payment.
Harm in this situation could be physical or emotional abuse and neglect, and social workers will have to consider whether this child has suffered emotional abuse and neglect as a result of the parents’ inaction. The existing body of research and experience suggests that the best way to assist children like this is professional assistance at the earliest opportunity. A nice house isn’t going to magic away four years of this child trying to cope with this on his own.
So, after all that above and comments from all corners describing these parents as “disgusting”or “reprehensible” the one thing I’m going to write which is most likely to offend everyone is that these events in and of themselves do not make them automatically bad parents, as hard as that is to believe, and indeed, type.
What is critical to this case is the motivation and rationale of the parents in making these –to most people- morally abhorrent decisions. What we could have, for example, is a rough parallel to the Shannon Matthews case, where the parents have cynically and selfishly used the abuse of their child for personal monetary gain. That would certainly make the question of removing the child a lot easier.
But what if they came to this decision based on a pragmatic –as they saw it- evaluation of the situation and chose the path they thought was best for their child? Maybe they believed the remorseful pleadings of this teacher, were convinced he wouldn’t do it again and didn’t want to put their boy through a criminal trial. Maybe they realised that the £18,000 offered was markedly better than the sub-£2,000 they’d get from Criminal Injuries Compensation, and that they could turn this horrid situation into a better future for themselves. Maybe they underestimated the effects of the abuse on their son, because he was so young. Maybe they thought that this was punishment enough. Maybe they have had experience of the criminal justice system, and that they think this is all all the ‘justice’ they were likely to get. Maybe they feared the intrusion of social services, and recent headlines wouldn’t have helped. Maybe they’re just not that bright.
I don’t know and neither do you and neither does the Daily Mail. If we play make believe for a moment and convince ourselves that this man did not pose an ongoing risk for children and that the question was: go to the police or get £18,000, I wonder how many of us would not opt for the latter
The case is unusual and it does raise questions from a libertarian perspective: Almost all of us would’ve handed this guy in for his crimes and for the protection of the community as a whole, but as the law requires you to do no such thing –should it? It wouldn’t be surprising to hear of tedious kneejerk legislation springboarded off this case to compel exactly that, indeed I’m surprised there isn’t already a law commanding that we inform on all crimes we witness.
As it stands the rarity of this kind of thing would suggest to me that such a legal requirement would be a solution in search of a problem.
So it’ll no doubt be on the books by Friday.
Addendum
The advice of Mrs Slug with 20/20 hindsight: they should have acted on impulse when they found out, the Mother should have picked up the nearest innocuous item like the doggy doorstop and killed him. They would have probably been let off after a bit of a show trial, the child would have got the necessary support from professionals and the parents would have been branded as heroes and given £50k from Daily Hate for selling their story. Result.
These are her words….fucking hell, I’ve married Littlejohn.