It is not
unusual for me to receive information in emails that readers of my blog wish me
to publish. They do not wish to publish even anonymously out of the fear that
the comments may be traced back to them. This one such email and it relates to
a story that many in Cambodia will be familiar with.
"Canadian
National Pierre Deslauriers (70) is a predator of the worst kind!”
Deslauriers, who
worked as a photographer, was convicted of indecent exposure in 1968 and
received a suspended sentence for sexual assault in 1987. He was also punished
with five years in prison in 1994 for the sexual assault of two girls aged 3
and 5 during a photo shoot, the Montreal based newspaper La Presse reports.
In Canada,
Deslauriers presented a pro-pedophilia lecture at a sexuality symposium at
Collège de Maisonneuve. He also published an article defending his position in
a banned magazine, according to La Presse.
After his wife
died 10 years ago, Deslauriers started travelling across SE-Asia. He
spend several years in South India, where he took advantage of the lack of law
enforcement to sexually abuse underage boys on a daily basis. Over the past 10
years Deslauriers has been sexually abusing underage children in several
SE-Asian countries, according to his own statements.
In January 2014
Deslauriers visited Siem Reap, Cambodia, for the sole purpose of having sex
with underage boys. His suspicious behavior attracted the attention of locals,
who informed Child 'Protection' NGO Action pour les Enfants.
APLE followed
the suspect for almost a month. They took pictures of Deslauriers luring
underage street kids and taking them into a forest near the temple complex of
Angkor Wat. In the forest Deslauriers raped 4 underage boys.
Parents of the
victims filed a complaint and Deslauriers was arrested by Siem Reap's
Anti Human Trafficking and Juvenile Protection Police on February 23, 2014.
Police chief Doung Thavery said "the man tried to kill himself upon
arrest, stabbing himself in the abdomen and cutting his wrists with a
pocketknife. Police managed to wrest the knife away and took him to a local
hospital, where he was treated".
During his
arrest police also confiscated a laptop. On this laptop police later found
pornographic evidence of Deslauriers abusing underage boys in several SE-Asian
countries. During questioning at the police station Deslauriers admitted to
having had sexual intercourse with the four boys in the forest. His excuse was:
"But I didn't hurt them!"
In November 2014
Deslauriers was found guilty on charges of purchasing child prostitution from
children under 15 and was sentenced to 7 years in prison by Siem Reap Court
judge Duch Sok Sarin.
APLE's Deputy
Director of Field Operations Khoem Vando welcomed the conviction, but was not
happy with the sentence:
“We welcome
the punishment, but we are not satisfied with it because sexual abuse of
children has nothing to do with physical injuries. It’s a lifelong trauma. Personally our team would love to see this guy die in
prison. He should have gotten the maximum sentence of 15 years, absolutely! But
. . .”
If it's such a
life long trauma (which it can be indeed), why didn't APLE prevent these crimes
in Cambodia from happening in the first place Mr. Khoem Vando, Deputy Director
of Field Operations ? ? ?
Letting the
crime happen
Why is it that
Action Pour les Enfants ALWAYS lets the crime happen before taking action ? ? ?
APLE had been
following Pierre Deslauriers since early January 2014; followed him when he was
approaching young boys on the streets of Siem Reap. APLE took a lot of pictures
for their next media show, but APLE did not walk up to the boys and protected
them!
No, instead APLE
kept taking photos and videos of Deslauriers. APLE staff followed him into the
the forest and watched how Deslauriers raped these poor kids. The youngest was
only 10 years old!
In my eyes,
that's a crime too! It may be not as bad as the crimes Deslauriers committed,
but what APLE did in this case was a form of prostituting children for
financial benefit!”
One of the
questions I have to ask myself, and perhaps someone reading this has the answer
is: “Did APLE actually “watch how Deslauriers rapes these poor kids” or is my
correspondent gilding the Lilly a bit.
For anyone who knows more about this
than I do please share your thoughts with us.
In a similar vein, here is another
extract from an email that I submit for comment:
“Apart from letting the crime happen rather than prevent
it from happening, a second serious violation of child rights is detaining
'victims' at Hagar International. In 2012 Terre des Homes Netherlands pushed
the Cambodian Government to make it mandatory to place 'victims' of sexual
abuse in 'Protected Custody' until the trial. According to TdH this action
should be mandatory to prevent families of 'victims' from being bribed by the
accused. In reality APLE uses this handy tool to get parents out of the way and
to force children into making whatever accusations against the foreigner APLE
wants.
In recent cases the Provincial Department of Social
Affairs gets called in immediately after the children have been questioned at
the police station. Social Affairs gives APLE the permission to take the
children into custody. Parents get informed only after this procedure has been
completed. At that point the parents have no more rights at all.
“It was
determined that these children could go through the healing process better [in
the shelter] than at home,” said Khoem Vanda, APLE project officer. “I believe
the authorities checked with the parents, and that there was a meeting to tell
the families.”
Sure!
Parents can only get their children back after they sign
"some forms". Most parents cannot read and write, so they have no
idea what they're signing. In one case I know of, the parents had to sign
"some forms" with a thumb priont before they got their children back.
Later they told APLE that they didn't want APLE lawyers to represent them. APLE
told them "Firstly, you've already signed a complaint and secondly you
cannot change lawyer! You've already signed for our lawyers to act on behalf of
your children!" Luckily another NGO offered an independent lawyer for
free. This new lawyer wrote a letter to the court and fired the APLE lawyers.
The problem is that parents of poor families don't know
their rights and they get lied to by APLE staff.”
My only comment on this, for the time
being, is that I can understand the logic behind removing children from their
families at the time they make their statements. Given that the alleged sex
abuser will be very rich compared to a poor Cambodian family there is a danger (a
very real danger) that the accused could make it financially worth the family’s
while to deny that any abuse took place.
However, the same applies for APLE,
the Cambodian Children’s Fund Child Protection Unit and other NGOs wishing to
see the ‘sex abuser’ convicted. They too can intimidate and offer cash
inducements to get statements from children that will bolster their case.
It seems to me that one way to
minimize the possibility that either the accused or an NGO induces a child to
make a false statement is to have the initial (and only) interview with the
children videotaped in the presence of trained professionals who do not have a
vested interest in the outcome of any court case that might result.
The sort of video cameras required to
record such interviews are very cheap these days and I can think of no logical
reason why all interviews are not recorded in accordance with agreed-upon
protocols.
This is not an area of expertize for
me but I would have thought that two cameras on tripods are required. One would
focus reasonably closely on the child and the other would be a wide shot of the
whole room in which the interview takes place. The second camera would be
present to safeguard against the possibility that someone behind the camera
recording the child was using gestures to threaten or instruct in some way.
Others with expertize in child
protection matters could formulate the appropriate protocols.
With such a system in place, with the
children being interviewed soon after the alleged offence has occurred and its
perpetrator taken into custody, there would be no need for the children to be
removed from their families for many months. There would be little or nothing
to be gained by either the alleged perpetrator or an NGO intimidating the child
and their family or offering money to change their story. The story would have
been told and, if done properly, would not need to be told again.
The key to the success of what I am
suggesting here (and an idea that it seems the Cambodian Children’s Fund’s CPU
is exploring) would lie in the procedures and protocols employed in the
conducting of such interviews.
There is no shortage of papers to be
read about the advantages of videotaping children in the course of
investigating cases of alleged child sex abuse.
Here is one I can recommend as a
starting point for discussion:
http://www.ipt-forensics.com/journal/volume9/j9_1_4.htm
Interviewing Methods and
Hearsay Testimony in Suspected Child Sexual Abuse Cases: Questions of Accuracy
Judith K. Adams
ABSTRACT: It is difficult to obtain accurate information from young children.
The potential inaccuracies in hearsay testimony are a crucial issue because of
the likely due process violations created by inaccurate and unreliable hearsay.
The current research on interviewing
techniques which may compromise the reliability of children's testimony is
summarized and methods of increasing the accuracy of interviews and hearsay
testimony are discussed. It is particularly important to videotape all
interviews with the child.
....child
sexual abuse usually occurs in private with no witness other than the alleged
perpetrator and the victim. Investigators must depend on children's accounts or
physical evidence in order to determine whether or not allegations of sexual
maltreatment are valid.
....Questions concerning the
reliability and credibility of children's accounts are often raised in
adversarial legal proceedings...
....concerns about the suggestibility of
children's testimony...
....certain interview conditions have a high
risk of contaminating young children's reports.
....Under certain conditions, young children can also make errors of
commission about personally experienced events involving their own bodies i.e.,
reporting that an event occurred, which, in fact, did not occur.
....research calls into question the validity of the axiom that
"children never lie about sexual abuse."
....Interviews with children in suspected
sexual abuse cases far too often are conducted using improper interviewing
techniques.
....if the
child is presented with inaccurate post-event information, interpretations, or
explanations, the misleading information will modify the child's memory of the
event being recalled. Generally speaking, the younger the child, the more
likely the child will accept someone else's interpretation of an event if it
bears a resemblance to the original event.
....improper interviewing
methods may negatively affect the reliability of children's testimony.
....Several studies show that
asking children the same question repeatedly within an interview and across
interviews often results in the child changing his or her answer.
....children.... questioned in a contradictory manner quickly changed their stories to
conform to the suggestions and beliefs of the interviewer. Suggestions planted in the first interview session were quickly taken up
and mentioned in the second interview session. This means that if a child is
originally interviewed using improper methods, the "testimony" of
that child can be contaminated through all subsequent interviews.
....highly suggestive, coercive, and
inappropriate interview techniques. ....children
who ultimately became witnesses in court were interviewed dozens of times
before they "testified."
....repeated interviewing is far more likely to
be the rule rather than the exception in suspected sexual abuse investigations.
....misinformation
presented in initial or early interviews can taint the testimony that the child
gives later.
....After the use of improper
interviewing methods, a determination of what, in fact, actually happened to
the child becomes virtually impossible.
....investigators in repetitive child
sexual abuse cases appear to have no knowledge whatsoever of the potential of
their own interviewing methods in destroying the evidence, i.e., the child's
testimony.
....Young children are sensitive
to the status and power of their interviewers.... they are especially likely to comply with
the implicit and explicit agenda of such interviewers. Children are more likely
to believe adults than other children, they are more willing to go along with
the wishes of adults, and are more apt to incorporate adults' beliefs into
their reports.
....Interviewers who are authority
figures (police officer, prosecutor, parent, or counsel) may consciously or
unconsciously influence the child's accounts.
....children....interviewed by biased interviewers gave the
most inaccurate information. If an interviewer's belief was contrary to what
the child had experienced, interviews were characterized by an overabundance of
misleading questions which resulted in children providing highly inaccurate
information.
...the reliability of testimony obtained from children may
be compromised when improper interviewing methods are used.
.....repeated
interviews or interviews employing improper questioning methods can
irreversibly taint the evidence...
....Improper questioning, even if the
interviewer is unaware of using improper methods, can also destroy the primary
evidence.
....The more interviews to which the child has been
subjected, the greater the likelihood that the child's testimony has already
been contaminated.
....the
potential danger of faulty memory on the part of the child witness.
....memory can be seen as constructive, often
inaccurate, and susceptible to numerous influences which reduce accuracy.
....for mental health professionals to ask a
four-year-old child if someone "touched" him or her invites
inaccuracy. The child who is four years old often cannot distinguish a general,
affectionate touch from a sexualized touch. The child may honestly relate, on
the basis of a concrete interpretation of the word "touch," that he or
she was "touched."
....the
failure to have audio- or videotaped records of the initial interviews with
children makes it impossible to determine the accuracy of their subsequent
statements.
...."system professionals" may be
motivated by financial and personal (job-retention) motives. This author has
heard of child protective service workers falsifying under oath, with the
rationalization that "I will say anything I have to say to protect a
child." Such inferences are shocking in consideration of possible
lack of candor in hearsay.
.... child abuse cases present a
delicate balance of conflicting interests, those interests being the protection
of the alleged victim from further harm and the accused's right to
confrontation of the accuser.
....Statements
admitted under hearsay exceptions must be "so trustworthy that adversarial
testing would add little to its reliability."
....improper questioning can, in effect, destroy
the primary evidence — the testimony of the child — such that cross-examination
of the child can no longer produce reliable information.
....one possible answer to the question of reliability is to videotape all
investigatory interviews with children.
....videotape records of the
interviews allow later review of questioning methods, shelter the child from
subsequent stressful court proceedings...
....the Idaho Supreme Court considered the
failure to preserve any reviewable record of an evaluative interview with the
child to be unprofessional conduct, and that failure clearly inclined it to find
the hearsay report of the child's allegation to be untrustworthy and
inadmissible...
....Professionals who advocate for
video or audio recording of all interviews with children argue that taping will
reduce dual risks of improper interviewing and inaccurate hearsay.
....interviewing
promptly, requiring the interviewer to be a neutral professional not aligned
with either the prosecution or the defense, and taking measures to assure
privacy to the child...
....failure
to tape record initial interviews with child witnesses rules out the
possibility of ever reaching any firm conclusions as to whether any abuse
actually occurred, because the primary evidence has been destroyed.
....Videotaping of interviews with
children is also recommended for the sake of the child. Videotaping can reduce
the number of interviews to which the child is subjected, with each interview
likely to produce some stress to the child
(Lamb, 1994). Therefore, videotaping should be viewed
as advisable by child advocates who are interested in protecting the child from
the trauma of repeated, confusing, and possibly suggesting or coercive
questioning.
....Both from the scientific
psychological community and from the legal community, serious concerns have
been raised about the accuracy and reliability of testimony pertaining to
children in suspected sexual abuse cases. A host of improper interviewing
techniques have been identified, all of which can seriously compromise the
reliability of testimony obtained directly from a child. Improper questioning
methods may irreversibly contaminate the evidence from the child, making
determination of what really happened impossible.
....Videotaping all interviews can
be advocated on several grounds. Videotaping not only allows review of the
interviewing methods and accuracy in recounting what transpired, but also may
protect the child from the trauma of repeated, suggestive, and possibly even
coercive interviews.
.... The time for thoughtful consideration
of the process of investigating and trying suspected sexual abuse cases has
undoubtedly come.
NGOs are as bad, if not worse, than the offenders.They put children in harm's way, witness it, film these terrible deeds and are not interested in stopping these horrendous crimes. Lock the NGOs up as well, then this agenda will stop. Surely in a civilised country they would be charged with accessory as they made no attempt to prevent the crimes from occurring.
ReplyDeleteAPLE and the CPU need to be able to film arrests with naked children to use for their publicity campaigns. They need dramatic pics. Rescuing naked children who have been abused makes for a much better story than preventing them from being sexually abused in the first place.
ReplyDeleteSo, where are the filmed arrests of naked children by the CPU that you speak of?
DeleteYes, Anonymous 8.34, there are, as far as I know, no images of naked children in any footage I have seen of arrests made with CPU representatives present. This is not true for APLE, however, as the segment of the documentary dealing with the arrest of Michael Leach makes clear.
DeleteHowever, the CPU does invite the media to attend certain arrests and seems to have no problem at all with publishing images of the men arrested - despite their having not been found guilty of anything.
It's indeed not correct to accuse CPU of the same unethical activities as committed by APLE. The CPU seems to focus more on forensic aspects of a police investigation and that's good. Cambodia lacks proper forensic expertise, but not only in child abuse cases.
DeleteThe name Child Protection Unit is bit strange though, because the name suggests two things:
1. That it only handles cases that involve child abuse. Cases involving adult victims don't need proper forensic investigation?
2. That they are Protecting children, which is not true of course when they're focusing on investigating crimes that already happened!
Protection means prevention!
In what way is the Child Protection Unit actually protecting children?
Exactly! And because there's so much money involved in the Child 'Protection Industry', those NGOs will do everything in their power to hide the truth. They will never admit that the industry is only about money and fame.
ReplyDeleteNow it's time for accountability, but when people ask a few simple questions, the NGOs have no answers, other than saying "All baseless accusations".