Attorney discusses issues affecting prosecution of sex crimes

Editor's note: This is the third in a series delving into the causes and impact of sex crimes on the lives of local citizens. The series will continue in next Sunday's edition of the Sunday Herald-Tribune.

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Readers often wonder what goes into the decision to prosecute those accused of sex crimes. Why was one prosecuted while another was not. The Herald-Tribune recently sat down with Bourbon County Attorney Terri Johnson to find out about what goes into the prosecution of a sex crime.

Specific cases were not discussed.

As it turns out, there are multiple aspects involved in prosecuting a sex case. such as:

* Rights of the victim and the defendant and their families,

* Extensive review of police and sheriff reports.

* Mulling over any evidence.

* Negotiating possible plea deals with the defense.

Any prosecution, whether it's a sex crime or not, doesn't start until a complaint or charges are filed. And no decision is made on that until the prosecutor reviews the report.

"As with any criminal case, you review the police report and review all the witness statements," Johnson said. "You review any additional evidence. For example, in sex crime cases, a lot of times you have a video taped interview of the child. You look at any physical evidence that there may or may not be."

Sometimes, Johnson will ask law enforcement to provide further investigation before she decides to press charges.

"In any case that's complex, it's not unusual that I would ask for further investigation," she said.

In some cases involving children, the county attorney's office may be aware that allegations have been made before law enforcement wraps up its investigation. Other times, the office isn't aware until law enforcement has made a portion of their investigation.

"Sometimes, law enforcement will call me and say they're working on a case," she said.

When it comes down to deciding whether to file charges, Johnson asks the critical question: "Do I believe there's enough evidence to prove beyond a reasonable doubt that the crime occurred? That's the same standard I look at regardless of what crime it is."

Johnson said the office "works really hard" not to look at the individuals involved in a case but rather the behaviors of those individuals.

Based on those behaviors, Johnson decides on what crimes to charge a suspect. The charges come from Kansas statutes that outline specific guidelines that prosecutors use to determine what charge to file.

When children are involved, as is the case in most sex crimes, Johnson will talk with the family to get input.

Sex crimes and crimes against children, in many cases, are secretive that take place behind closed doors.

"So you may have physical evidence with the child," Johnson said. "It depends on the circumstances. You could have DNA. Those are all things that if you have them, you take into consideration. If you don't have them, you also take that into consideration."

Johnson agreed that DNA is considered the best evidence in a sex case. DNA is dramatized on popular crime shows like CSI as being the end-all evidence that allows cops to solve crimes.

"The jury wants that kind of evidence," Johnson said.

Other physical evidence includes injuries to the child's body and a subsequent medical examination by a health care professional who may testify at a hearing.

In some cases when an indecent liberties charge -- which consists of fondling or inappropriate touching -- is filed, there may not be any physical evidence, Johnson said.

Johnson has served as county attorney since January 2001.

Since 2005, Johnson said, there have been 24 sex- related cases filed by her office. There were four in 2005, five in 2006 and15 in 2007. Since the beginning of 2008, there's been one. The ages of the alleged victims in these cases ranged from age 3 to 15.

Johnson said the reason behind last year's spike was that two of the cases involved co-defendants. In fact, there were five co-defendants charged in one case and two in another.

There's no clear answer as to why there's an increase in the cases of sexual abuse, but Johnson said, "We've had victims come forward."

In general, Johnson said, there's been a spike in sex cases filed both nationally and regionally.

"I've talked to other county attorneys, and we all talk about how it seems like they're (sex crimes) on the increase."

She said education and awareness of the topic are factors that need to be promoted.

Johnson wanted to clear up what she says is a misconception about sexual relations with a minor.

"Any sexual contact with a child under 16 years of age is potentially illegal," Johnson said, adding that the age of consent in Kansas is 16. "So a 15-year-old, under the laws of Kansas, cannot consent to sexual contact."

Some have speculated that a few of the alleged victims have made up the allegations, that there can't been this many sex crimes going on in a county the size of Bourbon. Johnson said she's concerned about people thinking that.

"Obviously I would not charge a case that I thought was false," Johnson said. "I do not charge a case that I believe someone has made up. I don't want somebody that has not committed a crime to be convicted of a crime."

Johnson said she understands the seriousness of charges, specifically sex crime cases.

"It's a very difficult thing for not only the alleged victim and their family but also the defendant and his or her family," she added. "I understand people being upset."

If girls are making up allegations, the legal system should bring out the lies, Johnson said.

The process in the prosecution of a sex crime is difficult for the alleged victim.

"If that person is making it up, it would be very hard for that person to make it through that entire process... It's very difficult for a person to get on the stand and have a newspaper reporter there and know that their testimony is going to be reported in the newspaper," Johnson said.

It's hard for a child to tell the story of what happened, even to a family member, much less inside a courtroom, Johnson said.

Nearly all the cases since 2005 have ended with a plea agreement that the defense and the county attorney worked out.

One factor in trying to get a plea agreement worked out is to not put the victim through a jury trial where he or she may have to testify.

Johnson declined to discuss individual cases -- those that are pending or closed -- in order to protect the rights of the defendants and the alleged victims.