I Speak For This Child: True Stories of a Child Advocate (43 page)

“The defense attorney will probably point out the inconsistency in Alicia’s statement as to what age she was when various sexual acts occurred. But use your common sense. Imagine what it was like to be a fifteen-year-old girl who finally was prodded to admit what had been happening in her home for many years. Imagine how you would feel when that whispered confession is broadcast through the HRS abuse registry and filters down to the local police. The sheriff comes to your door and asks if it is true. You are taken from your home in the middle of the night, and immediately are asked to put your most intimate secrets on paper. You are alone. It is almost three in the morning. You are upset and sleepy. In your mind sexual molestation began when someone touched your private parts. To you, that was at the age of five and continued from then on, escalating to full penetration at the age of nine. Suddenly these ages and dates are crucial, but if you are the victim they blend together as part of the same crime: father-daughter incest.”

Grace leaned on the rail in front of the jury. “Mr. Hilliard will try to put doubts in your mind. He will ask you to consider whether Mr. Stevenson could have penetrated his daughter in a flaccid state. But please recall that Alicia was able to explain that her father became hard. Remember, this happened when Alicia was only a nine-year-old girl, someone far too young to have familiarity with specific sexual details. She only knows what she felt, that it was happening—and happening to her.

“You have heard about the crowded sleeping arrangements in the Stevenson household, and yet Peggy Abbott, who was the stepmother in that house for the longest period of time, admitted she and her husband sometimes took turns sleeping at their shop, leaving the perfect opportunity for abuse. Also, Mrs. Abbott reported that in the last few years of the marriage, sex dropped off, and Alicia testified that around the same time, the rate she had sex with her father increased. For all intents and purposes Alicia was Mr. Stevenson’s wife. A man may shampoo the hair of his wife in the shower, but his teenage daughter?” There was a long pause as the question lingered in the air. “And yet we have had multiple reports, including one from the defendant, that they played the Shampooman game until long after Alicia was a fully developed young woman.”

The prosecutor went back to her notes. “Dr. Boggs, the psychological expert, reviewed the many symptoms Alicia presented that showed a troubled child crying out for help. Another signal is self-mutilation, and you heard Dr. Leif say she carved initials into her ankles. In fact, there were so many indicators that a concerned neighbor picked up on the clues. But the defense will dwell on the fact that in some areas this child’s memories are vague. Dr. Boggs explained that frequently abused children block painful memories. Even normal adults tend to remember the highs and lows of a relationship more than the average daily incidents, so it is not surprising that Alicia was able to have excellent recall of the crucial moments when she was first fondled in the tool shed and when she was first penetrated in the marine shop bathroom.

“Another question is why Alicia delayed reporting the incest for so long. Dr. Boggs said that disclosures often are not made until the abused child confides in a trusted adult during adolescence. Isn’t that what happened here? Mrs. Smiley was someone Alicia saw almost every day, someone who had shown concern for other children, someone who had been there when her brother’s friend drowned.

“Dr. Boggs mentioned that disclosure often comes after a traumatic event. If you look at the dates, you will notice that there were two disturbing incidents in the Stevenson household a few weeks before Alicia revealed her secret: Rich Jr.’s best friend drowned and Cory was arrested. Also, note that both of these events involved Mrs. Smiley, since she helped out at the creek and it was her son who was arrested with Cory.

“And speaking of young Cory Stevenson, remember Dr. Boggs’s mention of the accommodation syndrome and denial of abuse? You may find it difficult to believe that another child in this home, young Cory Stevenson, could be there during years of abuse to several children and not know it. But this was the only home, only security he knew. He understood what happened to children who made trouble because his older brother had been sent away at the age of five. While we don’t know if he was ever abused, we do know that he had a vested interest in denying abuse because if he admitted it, he would lose his home just the way his brother did.

“Now let us look at the similarities between Alicia’s story and Sunny’s. Very often there is a pattern to these crimes, and one can easily be observed here. Mr. Stevenson starts with fondling, then leads to penetration. Both Sunny and Alicia reported the open bathrobe, being violated on the couch. The only difference is that Sunny had a grandmother she trusted with the secret. When Sunny told, she was protected. Alicia had nobody to tell.

“You cannot overlook the fact that Sunny Rhodes was immediately taken to the hospital and underwent treatment for sexual assault. At the time Sunny said her stepfather had been the perpetrator and there were no other likely suspects. Dr. Diller described the actual injuries she sustained due to an attack in her genital region. Unfortunately, there was never a similar examination performed on Alicia Stevenson prior to the onset of sexual maturity, and the estrogen effect may have masked the evidence of penetration of an immature female. Yet, while there may not be absolute physical evidence of sexual abuse, the doctor has testified that two fingers could be easily inserted in Alicia Stevenson’s vagina during an examination, more than enough to permit the entrance of a mature male penis.”

Grace’s voice took on a new fervor. “As adults we may see this differently than the children. But look at it from their point of view. Alicia may have told people she was ‘sorry for the mess.’ Of course she was. She had no concept of what telling would mean. Isn’t it ironic that the perpetrator continues to sleep in his same bed at night while all three of his children have lost their home, been separated, and placed into HRS custody?” Grace said, pointing to Red. “That man remains in his home, and it is his children who are punished. It is the children who are bounced from one foster home to another. It is the children who have to get on the stand and be humiliated, embarrassed, scrutinized, and punished.”

Grace Chandler closed her notebook and stepped back from her stand. She walked slowly in front of the jury members, trying to make eye contact with each of them. “These children have suffered. Two of them have testified to abhorrent acts done to them by their biological father.” Her voice choked with emotion. “The time has come to speak out and say that you believe the children, children who had nothing to gain and everything to lose by coming forward. I urge you to put an end to what has happened to these young people, an end to their abuse, as well as the abuse of others. For, if you choose to believe Mr. Stevenson, you are giving him the capacity to perform the same crime again and again.” Tears filled her eyes. “Thank you.”

The courtroom was silent. Walt Hilliard was the only one moving. As he stood up, his face seemed pained, as though Grace’s summation had touched him as well. In a measured voice he also thanked the jury for their time and attention, then spoke in a deep, confident tone. “A serious crime has been charged in this case. If Richard Leroy Stevenson, Sr., is found guilty of a felony in the first degree—sexual battery upon a person less than twelve years of age—the State of Florida requires a minimum mandatory sentence of twenty-five years, and yet a mere seventeen percent of the time in this trial was spent on evidence related to this actual charge, while eighty-three percent dealt with other matters only peripheral to the case.

“To keep your attention focused away from the fact that there is not a single piece of proof to substantiate the charges, the prosecutor had to lean on the emotional aspects of a confused young woman’s description of events. You have heard words distorted to sound sensational, but is being called ‘Shampooman’ a crime? Of course not! Nor is calling your daughter a nickname like ‘Lollipop.’ Members of the jury, don’t be confused by these diversions. The only issue is whether or not you think this man is guilty of a heinous crime.

“At first this may seem a daunting task. Concentrate on the issues and refuse to be misled by the extraneous matters that have been brought up to confuse you. Above all remember that as a jury in the State of Florida you must feel that the prosecution has proven beyond all reasonable doubt that Mr. Stevenson is guilty as charged.”

Walt Hilliard paused. He took a few steps backward and began again, this time in the more didactic voice of a professor from Civics 101. “How will you sort out sentiment from the fact?” Walt Hilliard held his arms out to the jury in supplication. “When it comes time to make your decision, read the rules of deliberation, study the laws of evidence, and you will see that before you can pronounce this man, this father of three abandoned children, who has done his best under difficult circumstances to raise his family, you must have a conviction which does not waver.” His arms fell to his sides.

“When you examine the evidence, you will find it flimsy at best,” he said as though the conclusion was obvious. “When pressed to tell what really happened, Alicia becomes muddled about touching and fondling. She said her father felt her breasts when she was five, but an affectionate father might brush up against a child’s chest or pat her bottom without it being dirty or sexual.” He shook his head sadly. “I feel sorry for Alicia because she is mixed up and alone. And I feel pity for her older brother, Richard Jr., whose mental problems have been so severe he has required extensive psychiatric treatment. Even in this court he demonstrated his obvious disturbance when he used his wife’s name when he meant his sister.

“And his sister has serious problems as well. Abandoned at a crucial age by her mother, this lonely child escaped into a fantasy world. This is a young lady with a vivid imagination. She said she had sex regularly with her father but couldn’t describe it accurately. She claimed they sometimes had gentle sex, sometimes forceful, violent sex. However, Dr. Leif, a medical expert with more than thirty years experience in examining abused children, could not state that this girl ever had sexual intercourse in her life, let alone forceful, violent sex with a mature male on a regular weekly basis for more than five years. Yes, Dr. Leif allowed that in hypothetical cases the estrogen effect hides some of the evidence of sexual penetration, but not everything. Wouldn’t you think that Dr. Leif, the state’s expert witness, would see evidence of sexual trauma? But he did not say that. In fact, he agreed it was possible that she may never have had sexual intercourse in her life.”

There were no windows in the courtroom, but a late afternoon storm was lashing the courthouse and the rumblings permeated the walls. Again Walt Hilliard changed his voice, sounding more like the sensitive social worker than the abrasive lawyer. “Alicia Stevenson is a very troubled teenager. There were financial problems in the family so she couldn’t have a closet filled with pretty clothes or a car to drive. When the boat business declined, she was stuck in a one-bedroom house with two siblings—one of whom was mentally ill—a stepmother, who was not getting along with her father, and an ailing grandfather. She wanted out of there in the worst way. Then she remembered how her stepsister Sunny Rhodes got out.” Walt’s voice modulated to a husky stage whisper. “And do you know what? It worked. The trouble is she didn’t have another home to go to the way Sunny did. She dreamed she could live with her best friend, but by the time she realized this was not going to happen, it was too late. Alicia was forced to tell her story over and over again and guess what happened? Her explanations began to change and the truth began to unravel. She became trapped by her web of lies.”

Mr. Hilliard turned toward the audience and waved his arm to indicate the section where I was sitting with Lillian and the HRS workers. “How could Alicia retreat from those stories? How could she let down these well-meaning women who have so much invested in prosecuting perpetrators in order to protect our community’s children from evil? No, it was too late. Even if Alicia wanted to, she could not recant. She tried. In the HRS parking lot, with some of these good women nearby, she attempted to apologize for ‘the mess’ she made, but nobody was listening then.”

Walt Hilliard strolled back toward the jury. He put his hands on the podium and leaned forward. “I have pity for this child. I have compassion for her pain, and that of poor, confused Richard Jr.” Then he raised his voice. “You, the jury, are the ones who must weigh what they have claimed with the more balanced testimony of the other adults. In each case you must ask yourself where each person was coming from. Look at the ex-wife who testified. Peggy Abbott had a failed marriage and admitted resenting the time this father spent with his children, so she made the worst, most egregious interpretation of innocent events. Yes, perhaps Mr. Stevenson woke up his children with squirt guns or washed out his son’s mouth with soap. Perhaps you might not approve of these discipline techniques, but are they a crime? If they are, why was he not charged with them? If, as it is alleged, he molested another child, why was he not charged with that crime either? Do not forget that Mr. Stevenson is charged with only one count against his daughter. One count. One story she made up to get out of the house about when she was nine years old. Not when she was fifteen. Oh, no, not when there could have been physical evidence to link him with her.”

Now Walt was shouting and the storm outside was thundering. “Why, there is not one shred of physical evidence in a young woman who claimed to have regular violent, pounding sex.” Pelting rain could be heard reverberating in the distance. “How is that possible? How could an experienced physician testify that Alicia Stevenson might be a virgin?”

Walt Hilliard’s passion far surpassed anything that Grace Chandler had been able to muster, and for a moment I thought I had walked into an audition for “L. A. Law.” His hands slid down the sides of the podium until they fell limply at his side. “I ask you not to look at the facts in the case and decide if they are mostly true. I ask you not to decide if there is clear and convincing evidence for you to believe that something probably happened.”