To the KP Editor:
Last month, 37-year-old Curt Swartz was found not guilty of raping his 13-year-old niece. Based on the evidence, I believe that he should have found guilty. With due respect to the jury which heard all of the evidence presented during the two days of trial, I believe that their determination – made after only a few hours of deliberation – was an injustice for both the victim and for our community. I say this as the director of Knox County’s rape crisis center, as an attorney of seventeen years, and perhaps most importantly as the father of a 13-year-old girl.
The niece bravely testified in detail how Swartz raped her at her family’s home in Howard. Her account was supported by the testimony of: 1) the Sexual Assault Nurse Examiner (SANE) who used a rape kit to swab the niece’s body for evidence; and, 2) the forensic scientist who tested the rape kit and determined that Swartz’s DNA was found on the niece’s neck and breast and in her underwear. For his part, Swartz claimed that he had 25 beers at three bars that night, and then a few more beers at the home, before falling asleep on a couch. Defense counsel argued that the niece must have taken saliva from Swartz’s open mouth while he was sleeping or from one of his beer cans, and put it on her body, and she did this because she had been having emotional issues.
In a criminal case such as this, the prosecution’s burden of proof is beyond a reasonable doubt. In my opinion, it is not reasonable to believe that this young girl had the forethought, knowledge and ability to plan to frame a man 24 years older than her, that she knew enough about DNA evidence in order to successfully obtain it from him and place it on her body in such a way that it would be later detected by a nurse and confirmed by a scientist, that she staged the shocking incident by immediately running to a friend’s house where the friend’s parents called 911, and that she concocted all of this in order to get attention. In contrast, it is highly reasonable to suspect the credibility of a man who, by his own admission, was extremely intoxicated during the events at issue.
Three other points are worth addressing. First, a portion of the niece’s three hours of testimony was cross-examination by defense counsel as to the exact timing of the events that occurred that night. At best it is ill-informed, and at worst it is misleading, to believe that a victim should be able to perfectly recall all of the details of a sexual assault. To understand how the trauma of a sexual assault – and in this case, the extreme trauma of a sexual assault by a family member – affects a victim’s memory, search “Dr. Rebecca Campbell – The Neurobiology of Sexual Assault.” The 90 minute video will provide a full understanding of how a victim’s body and brain respond both during and after a sexual assault.
Second, it can be understandably difficult to comprehend how an uncle could rape his own niece. It would not be so shocking, however, after talking to the nurses who perform the rape kits at the hospitals, the law enforcement officers who investigate the crimes, the prosecutors who charge and bring the defendants to trial and the advocates who support the victims and their families throughout the process. The Sexual Assault Nurse Examiners of Knox Community Hospital, the detectives of the Knox County Sheriff’s Office and the police departments of Mount Vernon, Danville, Fredericktown and Centerburg, the attorneys of the Knox County Prosecutor’s Office and Mount Vernon City Law Director’s Office, victim advocates from the Knox County Prosecutor’s Office and New Directions, representatives from Knox County Children and Family Services, Title IX Coordinators from Kenyon College and Mount Vernon Nazarene University, and other agency and community representatives, are all members of Knox County’s Sexual Assault Response Team (SART). At the SART meetings, the members discuss improved collaboration of services for victims. As expected, adults are among the victims of sexual assault. But often – too often – the victims are children, some much younger than the niece in this case. And for these child victims, the vast majority of perpetrators are family members or friends of the family; and this is in keeping with the national statistics. The stranger rapist storyline, while headline-grabbing, is rare. The much greater danger comes from persons a child already knows.
Third, there is a common belief that kids are resilient and can bounce back when bad things happen to them. The reality is that children who suffer Adverse Childhood Experiences (ACES) such as sexual assault, have a much greater likelihood of experiencing long-term problems including alcohol and drug abuse, heart disease, depression and suicide attempts. Even with professional and family support, victims face a long road to recovery. Without support, ACES can ultimately lead to shortened life expectancy for victims.
New Directions is both the domestic abuse shelter and rape crisis center of Knox County. As the rape crisis center, New Directions provides free and confidential support to victims of sexual assault, whether they are adults or children, female, male, transgender, straight or gay, in a relationship or not, and wanting to press charges or not. If you or someone you know has been sexually assaulted – whether recently or in the past – advocates are available 24 hours a day, 7 days a week, by calling 740-397-HELP (4357).
New Directions also works to prevent future sexual assaults through education and training in the local schools and in the community. For more information about how young children can keep their bodies safe and how adults can protect children from sexual assault, how teens can promote positive gender norms and healthy relationships, how college students can become active bystanders, and how businesses, organizations and individuals can see the signs of sexual assault and learn how to safely intervene, call New Directions at the phone number above, visit our website – newdirectionsshelter.org – or check out our Facebook page – New Directions Shelter of Knox County Ohio.
I moved to Knox County two years ago. In that time, I have come to appreciate the strong sense of community that exists here. People genuinely care about each other’s health and well-being. Sexual assault – even sexual assault by a family member – must be recognized as a real issue in Knox County. For the health and well-being of today’s victims, to ensure that there isn’t a dampening effect on tomorrow’s victims coming forward, and in order to prevent future victims, we cannot afford to be silent.
Matt Hellman
Executive Director
New Directions, The Domestic Abuse Shelter and Rape Crisis Center of Knox County
(Editor’s note: Mr. Hellman also submitted a similar letter to a local newspaper which he says was abbreviated due to space limitations. KnoxPages.com encourages letters to the editor which must contain content related to our local community. Editor reserves the right to select which letters will be published.)