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COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

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A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.

In November 2010, 16-year-old high school student G.G. reported to school officials that she had been raped in a bathroom by 16-year-old student S.M. Smith and other school leaders decided to investigate the claim before alerting police or the Department of Child Services because G.G. had allegedly previously faked a seizure and they did not want to ruin S.M.’s reputation.

The school immediately called G.G.’s guardian Youth Opportunity Center, as G.G. was placed there years earlier by DCS, so they could get consent for medical treatment. Smith believed by contacting YOC, DCS would also be notified. G.G. was taken to the hospital and evidence showed sexual contact. Smith called DCS approximately four hours after learning about the incident and told the agency he wasn’t sure if he was reporting abuse.

S.M. initially denied the claim, then said the sex was consensual, but eventually confessed to raping the teen.

Police initially investigated Smith for obstruction of justice, but later charged him with failure to immediately report child abuse or neglect. He was convicted as charged and on appeal argued that he and the other administrators involved didn’t think the incident involved child abuse since it was between two teenagers.

Judges Elaine Brown and L. Mark Bailey reversed in Christopher Smith v. State of Indiana, 18A02-1204-CR-331, pointing to evidence that Smith had another administrator contact YOC, which immediately contacted DCS. They also found that a reasonable investigation into the claim made in good faith of such an allegation before making the report is not improper and doesn’t deprive Smith of statutory immunity.

Judge Nancy Vaidik argued in her dissent that Smith had reason to believe G.G. was a victim of child abuse and failed to immediately report it. She didn’t accept Smith’s claim he notified DCS immediately by virtue of the call to the YOC or the majority’s decision that permits verification of a child’s allegations of abuse before making a report.

“I believe such a verification process is contrary to statute and, if permitted, may have the highly undesirable result of suppressing or deterring reports of abuse,” she wrote.

 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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