Posted on 11/15/2011 6:34:44 PM PST by Colofornian
PROVO -- Provo city will pursue misdemeanor charges against an LDS bishop who allegedly failed to notify authorities after an underage congregant told him she had been sexually abused.
Amado Rojas will face one count of failure to report child abuse, according to Provo Police Sgt. Mathew Siufanua. The decision to pursue the charge comes after a lengthy investigation that began with the arrest of Jose Ortega in August. According to a 13-year-old girl, she and Ortega both attended a Church of Jesus Christ of Latter-day Saints children's party. After a water fight at the party, the girl testified during a preliminary hearing, Ortega grabbed and groped her.
According to a police report, the girl then told Rojas about the incident. As an ecclesiastical leader, Rojas is legally required to notify authorities if an alleged victim tells him about abuse. However, police reported that Rojas did not contact authorities and Ortega was only arrested after his accuser later told a school counselor about the incident.
But while Rojas will face criminal charges, the case against Ortega was dismissed on Monday. Prosecutor Craig Johnson said that investigators recently managed to find another witness, whose testimony could have suggested that the touching occurred accidentally, rather than for sexual purposes.
Throughout the investigation into the incident, the extent of Rojas's knowledge was a focus for investigators. Provo police Detective Brian Taylor said in September that Rojas's attorney said the girl only offered a vague account that something had happened.
Rojas's attorney Mike Esplin said Tuesday that Rojas only learned about the incident six weeks after it occurred. According to Esplin, the accuser contacted Rojas between church meetings on a Sunday.
"She said the guy had grabbed her from behind, touched her over clothing," Esplin said of that initial contact between Rojas and Ortega's accuser. "She said it occurred at a Primary party and she gave the name of the individual."
However, Esplin said the girl was accompanied that Sunday by three female friends, and Rojas felt it would be inappropriate to discuss the topic in front of the other girls. As a result, Rojas reportedly told the girl to talk with her parents and come back.
While waiting for the girl to return, Rojas spent several days trying to find out what happened, Esplin said. Rojas contacted Ortega -- who Esplin said described the incident as an accident -- as well as another witness at the party. According to Esplin, Rojas was still waiting for the girl to come back and talk to him when a school counsel contacted police.
"I don't think there's anything untoward here," Esplin said.
Siufanua said the city decided to pursue charges against Rojas -- despite the dismissal of Ortega's case -- because ecclesiastical leaders are required to report abuse whether they believe it is valid or not.
"When you look at the law, it was specifically written to protect children from future abuse," he added.
Siufanua went on to say that leaders can face charges even if allegations of abuse turn out to be false. He also pointed out that the law exists to prevent situations like the sex abuse scandal currently engulfing Pennsylvania State University, Joe Paterno and accused child rapist Jerry Sandusky.
"If somebody would just have reported it, he would have been fired," Siufanua said.
Esplin denounced any similarity between Rojas's case and the one at Penn State. He said Rojas had acted properly and was legally required to report incidents if he had "reason to believe" they happened. Rojas was trying to determine just that, Esplin said.
"The other thing is the statute doesn't say how long a person has to report it," he added.
Esplin went on to suggest that prosecutors may be pursuing the case to send a message to LDS bishops, even though Rojas acted conscientiously.
In an email, LDS Church spokesman Scott Trotter said the church does not tolerate abuse.
"The Church of Jesus Christ of Latter-day Saints has zero tolerance for abuse of any kind and is extremely proactive in its efforts to prevent abuse and to help victims when it does occur," Trotter wrote. "Congregational leaders are instructed to obey the law and have access to a 24-hour help line to assist them. We contacted local authorities as soon as we learned of the situation and will continue to work with them until it is resolved."
This bishop, as I said regarding other bishops and my point there was to say that they, sadly, tragically certainly exist in our faith...did not do his moral duty regarding his members and particularly the abused victim.
It is shameful and should not happen and if the story is as it is depicted here...then he should be released from his position and if it warrants it, charged for the crime.
Ultimately, as with Sandusky and the Penn State people, and as with other denominations who experience these things...such people would be subject to the District QAttorney determining there was enough evidence, a grand jury indicting him, and then a jury of his peers who would hear the evidence.
I have no respect or tolerance for people who, for whatever reason, misplaced loyalties as they see it, perverted since of right and wrong, trying to counsel with or help the criminal...does not matter...I have no tolerance for people anywhere who allow such molestation and crime to go unpunsihed and who do not do the moral imperaitve that rests on us all to protect the innocent and children.
If I ever read an lds condemn an other lds for any wrong doing with out qualifiers I will swoon. place marker
What about when a prosecutor makes a plea bargain with a privacy provision.
When I worked I had access to.
http://cryptome.info/irs-ci/36426.html TECS
We don't talk about cases that we come across in the course of our work.
There were cases where people fired for making public information that was obtained for the system.
One was a case of a Congressman involved in drugs and made a plea bargain with a non disclosure.
Here is the case that gave me a real problem. A Stake High Councilman made a plea bargain with a non disclosure.
At Stake Conference how could I and another member that worked in that facility sustain this person.
We discussed this and wondered how we could handle this without disclosing security information and being fired.
Members don't always know what other members are doing.
They are making a movie of Robert Hansen here. He was a outstanding member of the community. His wife had no idea of his double life although items he had removed from some of the women he killed where found in his house.
Stop qualifying - just condemn pervert, who ever they are.
All perps needs to be condemned. I do not care where they hale from or what group they hale from.....child predators need to be dealt with.
I am sick of people saying “they need to be done away with but..........”
no they need to be dealt with in a swift manner, given a fair trial then shot.
When you do that, I’ll stop using the term qualifier.
I think someone may abuse me and require a full investigation.
Stop qualifying -
When I read that I wonder what the heck does that mean...
Evil is evil it needs no qualifying!
Stop qualifying -
When I read that I wonder what the heck does that mean...
Evil is evil it needs no qualifying!
******
since you guys are sharing....
Welcome to a collection of news reports on ministers who have sexually abused children:
ALL Protestant denominations - 838 Ministers
147 Baptist Ministers
251 “Bible” Church Ministers (fundamentalist/evangelical)
140 Anglican/Episcopalian Ministers
38 Lutheran Ministers
46 Methodist Ministers
19 Presbyterian Ministers
197 various Church Ministers
The Protestant Clergy Sex Abuse Pattern
http://new.exchristian.net/2010/09/protestant-clergy-sex-abuse-pattern.html
List of scandals involving evangelical Christians
http://en.wikipedia.org/wiki/List_of_scandals_involving_evangelical_Christians
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