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SDC rape case uncovered

Dec 3, 2012 - 07:46 PM

A 32-year-old patient at Sonoma Developmental Center in Glen Ellen was raped, impregnated and gave birth to a baby boy while officers from the state’s Office of Protective Services made little effort to apprehend a suspect until it was too late to gather credible forensic evidence.

That is one of the outcomes uncovered by California Watch after a comprehensive investigation into abuse of patients at California’s board-and-care centers for the developmentally disabled. Patients in the state’s five developmental centers have accused caretakers of molestation and rape 36 times during the past four years, but police assigned to protect them did not complete even the simplest tasks associated with investigating the alleged crimes, records and interviews show.

The Office of Protective Services (OPS) is the police force at California’s developmental centers. The investigation revealed that OPS officers failed to order a single hospital-supervised rape examination for any of these alleged victims between 2009 and 2012. At most other police departments, using a “rape kit” to collect evidence would be considered routine.

The procedure, performed by specially trained nurses, is widely regarded as the best way to find evidence of sexual abuse. Without physical evidence, it can be nearly impossible to solve sex crimes, especially those committed against people with cerebral palsy and profound intellectual disabilities.

In the three-dozen cases of sexual abuse, documents obtained by California Watch reveal that patients suffered molestation, forced oral sex and vaginal lacerations. But for years, the state-run police force has moved so slowly and ineffectively that predators have stayed a step ahead of law enforcement or abused new victims, records show.

Much of the alleged sexual abuse in the California institutions has occurred at the Sonoma Developmental Center, where female patients have been repeatedly assaulted, internal incident records show. In one case, a caregiver was cleared by the police department of assault and went on to molest a second patient.

In another case from August 2006, caregivers at the Sonoma center found dark blue bruises shaped like handprints covering the breasts of a patient named Jennifer. The patient accused a staff member of molestation, court records show. Jennifer’s injuries appeared to be evidence of sexual abuse, indicating that someone had violently grabbed her.

The Office of Protective Services opened an investigation. But detectives took no action because the case relied heavily on the word of a woman with severe intellectual disabilities. A few months later, court records show, officials at the center had indisputable evidence that a crime had occurred.

Jennifer was pregnant.

By that time, her alleged attacker had vanished.

For the parents of the 32-year-old patient, the reaction has been disbelief and anger. They are now raising a 5-year-old boy who Jennifer is incapable of mothering. The child is precocious and strongly resembles his maternal grandmother.

 “Every time, I just imagine her being raped and screaming and crying for me,” said the woman’s mother, whose name is being withheld to protect Jennifer’s identity. “It just kills me.”

The Office of Protective Services has not collected physical evidence to back up cases such as Jennifer’s. In situations involving developmentally disabled patients, DNA and other physical evidence are even more important because statements from alleged victims often are treated as unreliable. Some have IQs in the single digits and cannot speak.

Detectives at city and county police departments are trained to send sexual assault victims to an outside hospital for the specialized rape examination. But the doctors and nurses at the state’s developmental centers – in Sonoma, Los Angeles, Orange, Riverside and Tulare counties – were not trained in dealing with sexual assault victims, records and interviews show.

California Watch shared details of the developmental center sex abuse cases with two outside police detectives who specialize in such assault investigations. The detectives said they were dismayed by the state’s actions.

 “How can you do a sexual assault investigation and not do an exam?” said Roberta Hopewell, a detective at the Riverside Police Department and president of the California Sexual Assault Investigators Association.

According to interviews with former detectives and patrol officers at three of the state’s developmental centers, the Office of Protective Services did not assign its own detectives to cases that should have been investigated – nor did the force seek expert help from outside law enforcement.

One former patrol officer said administrators were afraid of bad publicity.

 “They didn’t want anything to get out, so they handled it internally. They call the shots,” said Joe Guardado, a former patrol officer at the Porterville Developmental Center in Tulare County, who retired in 2010.

Kathleen Miller, president of the Parent Hospital Association at SDC, cautioned that blanket condemnation of the facility’s staff would be a mistake. The vast majority of the institution’s employees, she insisted, are caring and conscientious people. But Miller, whose autistic son has been a resident of SDC for more than a decade, also agreed that, “investigations are botched at every level. Those who commit crimes against our loved ones are allowed to go free and may even collect pensions.”

The state Department of Developmental Services, which operates the five centers and oversees the Office of Protective Services, issued a written statement saying the state is working to protect patients and ensure they receive justice. That includes hiring “nationally recognized law enforcement experts” to train police officers and detectives to better handle sex assault cases, the department said.

 “In addition, training was provided to ensure that referrals for sexual assault examinations are completed by thoroughly trained personnel, and that investigations are conducted appropriately and timely,” the department said.

•••

California Watch is part of the independent, nonprofit Center for Investigative Reporting, the country’s largest investigative reporting team. For more, visit www.californiawatch.org. Contact the reporter at rgabrielson@cironline.org.

 

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Dec 3, 2012 10:57 pm
 Posted by  Peter Kahle

The history of patient abuse at the institution dates back a hundred years. Citizens bow to authority and allow the problem to be dealt with "internally", "administratively", "discretely", or whatever the euphemism of the day may be. Saints and martyrs and holy men are drawn to the healing of such sufferers, but so are bullies and scoundrels and abusers.
As I researched my novel PASSAGE OF THE KISSING PEOPLE, such episodes played out over and over. Lack of funds and lack of staff open the door.
The problem cannot be fixed, once and for all, even given money and help. Only constant diligent scrutiny can protect these patients,and we humans cannot seem to pay attention that long.

Dec 6, 2012 02:28 pm
 Posted by  Mark Catrambone

So, the guy just vanishes from the face of the earth? Turn the case over to law enforcement and track him down! I don't know what has happened to all the training OPS has received over many years, but this is Investigation 50. Preserve evidence. Have a rape exam conducted. OPS has been centralized at headquarters for well over 10 years now, out from under the 'administration doesn't want it to get out' moombo jumbo line. That isn't it at all. It's incompetence at many levels, and refusal to follow basic investigation techniques. Refer cases to the DA. They have known this for years. The vast majority of staff are conscientious and very good at their jobs. On the other hand, the 'Watch' fails to recognize the many cases that ARE successfully prosecuted. This one is a shame.

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