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Protection vs. prosecution
Sunday Feb 7th
http://www.amarillo.com/stories/020710/new_news9.shtml
A Hall County father raped his teenage daughter, but when the secret came out, the daughter was terrified to take the stand in his trial.

She'd have to not only face down the man who held the dual role as her tormentor and father, but she'd have to repeat the excruciating details to a jury of strangers.

"I was real leery about putting the girl on," said 47th District Attorney Randall Sims, who was involved in the case at the time.

Balancing the pursuit of justice with the need to protect a child is something investigators and prosecutors have to consider in every case.

So prosecutors agreed to a plea deal that would give the man 10 years deferred adjudication for sexual assault of a child.

"It's better to get something than nothing," Sims said.

Prosecutors have to decide: Do they risk further traumatizing a child who has been the victim of a heinous crime by subjecting the victim to a public trial and, possibly, additional trauma? Or do they offer a plea deal that often is too lenient but will spare the child?

"I'm sure our forefathers never thought our kids could be in court," said April Leming, executive director of The Bridge Children's Advocacy Center in Amarillo.

But under U.S. law, a defendant has the right to face his or her accuser, even if it's a young child.

Although a videotaped testimonial by a child can be used in court, the child also must take the stand.

"The dynamics get really tough on a victim," Sims said. "We don't want to damage a 6-year-old for the rest of their life by taking them to trial."

Sometimes, prosecutors say, it's easier on the victim to offer a plea deal, particularly if there might be problems with a child's testimony. There's a chance the perpetrator will violate probation and be sent to prison for years.

"You just have to make those decisions," Sims said.

Case in point: the Hall County man. It didn't take him long to violate his probation. Within months, he failed a court-mandated drug test, which landed him behind bars. But this time, it allowed the judge revoking his probation to assess a steeper punishment - 45 years in prison. The victim never had to testify and the man was locked up for years.

Source: Amarillo.com