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Fourth, although not reversible error, the allegations of one juror's racism and that juror's contention that racial jokes regarding Native Americans were told in the jury room are troubling. Repeated questions can produce a change of answers as the child may interpret the question as “I must not have given the correct response the first time,” and the child's answers may well become less accurate over time. By March 1994, the children's accounts of the familial sexual abuse were so skewed that the district court refused to admit these interviews into evidence.4. Stereotypes organize memory, sometimes distorting what is perceived by adding thematically congruent information that was not perceived, and stereotype formation interacts with suggestive questioning to a greater extent for younger rather than older children. The children remained isolated from their families and community. 1987); Christiansen, The Testimony of Child Witnesses: Fact, Fantasy, and the Influence of Pretrial Interviews, 62 Wash. Underwager from testifying about the ultimate issue of the children's credibility, he should have been allowed to testify regarding the suggestibility of the techniques employed in this case and whether they could have affected these children's memories. United States, 929 F.2d 1235, 1239-41 (8th Cir.1991) (expert testimony readily admissible where psychologist testifies to mental aberrations in human behavior, when such knowledge will help jury to understand relevant issues in case, including helping jury to evaluate which of victim's conflicting statements were more credible, and expert does not express her opinion as to which statements were more credible or whether victim suffered from battered woman syndrome), cert. Although he had received some training in the sex abuse area seven years earlier while he was a resident, Dr. He did not take photographs of his colposcopic examinations, although the process would have been easy and helpful in this case. Ferrell admitted that neovascularization (redness in the vaginal areas), decreased anal tone, and hymenal tags can be common place occurrences resulting from many different “everyday occurring” causes. But we must observe that the medical testimony, while consistent with possible sexual abuse, is inconclusive in light of other matters discussed herein.
With respect to conditions that can influence children's memories, we are mindful of a historical event of some three hundred years ago (the Salem, Massachusetts witch trials) where child witnesses ages five to sixteen (the “circle girls”) claimed to see persons (the defendants) flying on broomsticks and other envisaged celestial apparitions. had been taken from her mother and placed in her grandmother's custody. told a teacher that her grandmother was mean to her and was not feeding her, the Yankton Sioux Tribe's Department of Social Services (Department) removed R. from Rosemary Rouse's home for possible neglect and malnutrition and placed her with foster mother Donna Jordan. Younger children are more susceptible to suggestibility than older children, especially in the context of stereotyping. In addition, the children testified via closed circuit television based on their “fear” of defendants. Testimony at trial reflects that Jordan, Kelson, and FBI agents spoke to and questioned the children in groups about the abuse. We see no essential difference in this testimony, and in a qualified expert opining that an abuse victim's symptoms are consistent with sexual abuse syndrome, battered woman syndrome, battered child syndrome and other recognized syndromes. Ferrell had no special experience in sex abuse investigations. In addition, some of that alleged trauma may have occurred from sexual interplay and activity between and among the victims and other young children.2.
Koliner helped to prosecute Mohammed Sharif Alaboudi, a South Dakotan convicted of sex trafficker who is now serving four life terms in prison.
Material from the Associated Press was used in this report.
“You’ve got poverty, you have high, high rates of sexual abuse, which is often a precursor to prostitution and you have just a sense of desperation on the reservation in terms of day-to-day life.”Deer says sex traffickers tend to find young Native American runaways with drug or alcohol addictions, because they are often susceptible to traffickers’ offers.
And while trafficking is “not a new crime” in the state, the recent state-federal partnership has helped give the issue “new recognition.”But local communities in South Dakota did not stop once the problem had been identified.
And as a result, federal law enforcement has pursued more than 50 sex trafficking cases in the state and won dozens of convictions in the recent years.“We’re just a friendly state and I think traffickers see this as a trusting place and think ‘They’re never going to catch me. “Well, we seem to be catching an awful lot of them.”Although South Dakota’s remoteness once made it seem disconnected from issues such as sex trafficking, experts say it is likely the same reason traffickers have found success in the rural state.
Brendan Johnson, a former US attorney, says the traffickers probably moved to South Dakota “to be a bigger fish in a smaller pond,” so they could have easy trafficking access to Midwest states with less competition.
“You’ve got a number of perfect-storm factors,” Sarah Deer, a law professor at William Mitchell College in Minnesota and an expert on domestic violence in Native American communities, told the Associated Press. The appellants raise twelve allegations of error in the trial of the case. Almost all the other literature presented to the court is consistent with the Ceci-Bruck article.