(SPENCER, IA) We continue our three-part investigation into child sex abuse, and why so few predators are sent to prison. In Part 1, we introduced you to Andrew, a 13-year-old boy from Spencer, Iowa. Two years ago, he revealed to his family that his mother's boyfriend raped him when he was 5 or 6 years old.
"Since that time, I don't like to think about it because I think he might do it again sometime," says Andrew.
No criminal charges have ever been filed, even though a Department of Human Services investigation declared the sexual abuse allegations FOUNDED. Andrew now lives with his grandparents as his grandfather fights for justice.
That's where we begin Part 2, the battle between a man trying to protect his grandson and authorities who say the evidence just isn't there. To protect Andrew's privacy, we've changed the names and blurred the faces of him and his family members.
For Spencer Police Chief Mark Lawson and Clay County Attorney Mike Houchins, this sexual abuse case boils down to one thing.
"It's not what you know, and it's not what you think you know, it's what you can prove and be able to prove in court," says Mark Lawson, Spencer Police Chief.
When police started looking into Andrew's accusations two years ago, their investigation had to rely on interviews alone because the alleged abuse happened years earlier.
"We didn't have the ability to get any physical evidence or corroborating evidence to confirm that statement and so that gave me some concerns," says Mike Houchins, Clay County Attorney.
And investigators say the stories Andrew, his mother Becky and her boyfriend Jeff told them changed over time.
"The quality of the statements, the credibility of the people that you're talking to, it's tough. And again, it's - who do you believe?" asks Lawson.
Andrew says he talked to his mother at the time about what happened.
"I told my mom about the secret but she got really mad at him so I was like, well okay, it's over," says Andrew.
According to DHS documents, Becky first told investigators Andrew never told her and then changed her story when investigators told her Jeff admitted she had confronted him years ago. In separate interviews with police, both Becky and Jeff denied Andrew had ever been sexually abused or touched inappropriately.
"I thought it would be very difficult for a jury to convict when you got the mother saying, it didn't happen and I don't believe my son," says Houchins.
Without more solid evidence, like a confession, Houchins says he can't press charges. But Andrew's grandfather Randy wants a jury to hear the case.
"Don't just throw the file aside and say, I can't get a victory on this one. Well not every case is going to have DNA and an eyewitness and a confession!" exclaims Randy.
He's tried appealing to the state Attorney General's office and says the next step is getting the county attorney out of office.
"I can't sit on my thumbs and say, oh well and accept it. I've never been one to accept it," says Randy.
"I'm not going to let someone threaten me with losing my position to prosecute someone," says Houchins.
In the middle of this war of words is Andrew. Houchins says going to trial and forcing him to relive what happened in court could do more harm than good.
"I want to make sure if I'm going to put a child through that system, that we've got a reasonable chance of a conviction and I just didn't think we had it in this case," says Houchins.
"You know, you only get one shot at this and so, you know, you want to go in there loaded for bear and not going in there and realize that the ammunition you thought you had doesn't exist and you wind up having it dismissed or found not guilty because you can't come back later," says Lawson.
Even though legal proceedings are at a standstill, Randy says he won't stop fighting for justice.
"I had my faith in the system that it was going to work," says Randy. "There's way too many kids out here that are just falling by the wayside and it's not right!"
It's a story that sexual abuse counselors like Julie Elbert hear over and over again.
"It IS typical. I was thinking back on my 15 years of doing therapy and I think that out of all the kids I've worked with, I can think of three cases now that actually went to trial and there was a conviction but much more than that never made it to trial," says Julie Elbert, Mental Health Therapist.
Again, Jeff has never been arrested or faced any criminal charges in connection with the sexual abuse allegations. The case is still open and active because the statute of limitations won't expire until ten years after Andrew's 18th birthday but the county attorney says he'll stand by his decision to not press charges unless new evidence surfaces.
In Part 3, we'll talk more with mental health therapist Julie Elbert about how she helps victims get back on their feet and the difficulties of dealing with abuse - both in court and in everyday life. Plus, we'll check back in with Andrew and Randy as they move forward.
