We wrap up our three-part investigation into child sex abuse. In Parts 1 & 2, we shared intimate details about the alleged sexual abuse of 13-year-old Andrew from Spencer, Iowa. Andrew says his mother's boyfriend raped him when he was 5 or 6 and DHS investigators found his story to be credible.
"Do I think something happened with this young man and the perpetrator? I do. Something happened. Is it to the extent that he's saying? That I don't know," says Mark Lawson, Spencer Police Chief.
And that's why the Clay County Attorney isn't pressing charges. Both he and police say the stories of everyone involved changed over time. Without physical evidence or a confession, there's just not enough to move the case forward. But to Andrew's grandfather, those are just excuses for not following through and letting a jury decide.
According to mental health professionals, Andrew's case is not alone when it comes to hitting legal roadblocks. In Part 3, we'll find out what comes next for victims, even when the judicial system puts on the brakes. Again, we've changed names and blurred faces to protect Andrew and his family.
Julie Elbert is a Mental Health Therapist at the Siouxland Mental Health Center who works primarily with children. She doesn't know Andrew but has helped many others like him.
"When I work with kids that have been sexually abused, I let them know that just because it doesn't end in a conviction of the perpetrator that does not mean they didn't tell the truth and it doesn't mean that it didn't really happen," says Julie Elbert, Mental Health Therapist.
And she says, in her 15 years of professional experience, Andrew's outcome is the rule, not the exception.
"I can think of three cases now that actually went to trial and there was a conviction but much more that never made it to trial," says Elbert.
And national statistics pain the same picture. Out of every 100 rapes, 46 get reported to police, 12 lead to an arrest, 9 get prosecuted, 5 lead to a felony conviction and only 3 will spend even a single day in prison. (Source:
http://rainn.org/statistics)
Even if Andrew's case did make it to trial, counselors and lawyers agree, the legal system can re-victimize a child.
"You've got a situation where they get victimized, the abuse, and then it gets reported. Then they're telling strangers about what happened, and then they've got to go through depositions, a trial. And it can be a real struggle for the family and for a child to go through that," says Mike Houchins, Clay County Attorney.
"The anxiety level of a child. Some kids are more fragile than others and they just aren't in a spot where putting them in that environment would be very safe," says Elbert.
Elbert says a systematic overhaul could speed up the process and help protect victims.
"One of the things I think would be helpful is if they allowed the therapists to be part of the information gathering and presentation of it," says Elbert.
"There's always a rush. The public, you know, you need an arrest, you need an arrest. And, you know, the people within the system, they get frustrated too," says Lawson.
And that's where Andrew and his grandfather Randy are today, frustrated with a system they feel let them down.
"It's to bring a public awareness that not only my grandson but there's lots of cases that fall by the wayside and where's the justice for those kids?" asks Randy.
In the meantime, Randy and Andrew are both working on themselves, talking with therapists regularly about the emotions they each deal with on a daily basis.
"In my position, I feel like I let everybody down and for this to happen," says Randy.
"I really don't want to think about it that much because if I do, it will kind of get me angry," says Andrew.
But Elbert says, facing those feelings and talking about the past are vital steps.
"The outcome of the case doesn't have to predict for them how the rest of their life is going to go. They can still work through it and have the kind of life that they can envision for themselves," says Elbert.
As time passes, things are getting better but Randy still worries he can't keep Andrew safe.
"I'm out here to protect my grandson because he threatened to kill the family. (So you sleep out here, outside of his door, in case anything were to ever happen?) Yep. (How long have you been sleeping out here?) Two years," explains Randy.
And despite everything this family has been through in those two years, Elbert says it's important for victims like Andrew to come forward.
"We want there to be a record of what was observed or what was heard so that even if, in this particular situation, an arrest is not made, that somewhere, there's a record that particular perpetrator was doing something inappropriate on a specific day," says Elbert.
As for Andrew, he's nervous about going public with his story but believes protecting another child is more important.
"There are other kids, also, like me, that need justice and I also can't just sit back here and just say, oh well, I can't do it," says Andrew.
Andrew says he'd like to eventually live with his mom again if her boyfriend Jeff is in jail or out of the picture. Again, Jeff has never been arrested or faced any criminal charges in connection with the sexual abuse allegations. We asked both he and Becky to speak with us on camera. They declined. Right now, Andrew continues to live with his grandparents and is in counseling.
We also talked with some of our experts about how Andrew's story compares to other child sex abuse cases, specifically former Penn State assistant football coach Jerry Sandusky. Their comments are available in the video player for this series online. Just click on the clip "Burden of Proof Web Extra - Sandusky".
