Wednesday, January 23, 2008

14 is not old enough to consent to sex

City man receives 10 years for having sex with girl, 14

Published:Wednesday, January 23, 2008

The judge said the victim was not old enough to

consent to sex.

By ED RUNYAN

VINDICATOR STAFF WRITER

YOUNGSTOWN — The defense attorney for a city man sentenced to 10 years in prison for having consensual sex with an underage girl says the conviction and sentence should send fear into any coach, teacher or other person who spends time alone with teenagers.

“This was a he-said, she-said” situation, said Atty. John F. Shultz of the conviction of Brian P. Matthews, 37, of Argo Street. “There was no corroboration.”

Shultz said he wonders if the public’s attitude toward sex allegations involving children has changed since sexual misconduct among Catholic priests was uncovered several years ago.

“The attitude is every time there’s an allegation, everyone believes that he’s probably guilty,” Shultz said.

Natasha Frenchko, an assistant Mahoning County prosecutor handling the case, said she believes the victim’s testimony was adequate to convict Matthews because her story never changed during eight hours of testimony over two days.

She said she believes Matthews’ apology to the girl before sentencing also shows his guilt.

Matthews said, “I do accept the verdict of the jury. I do apologize to the family and to [the girl]. And I truly hope that she gets the help she needs to move on with her life.”

A jury convicted Matthews on Dec. 4 of 13 counts of unlawful sexual contact with a minor for having sex with the girl on a Canfield-area farm where he worked as a farm hand for four years. The acts took place between August 2004, when the girl was 14, through May 2006.

Judge Maureen A. Sweeney of common pleas court could have sentenced him to up to 65 years in prison, as recommended by Frenchko.

Instead, she sentenced him to prison and five years’ probation afterward. As a sexual predator, he will be required to report his whereabouts to authorities every 180 days for 25 years after he leaves prison.

The relationship came to light when an employee at the farm discovered the girl’s diary in the girl’s backpack. It contained graphic descriptions of her sexual encounters with Matthews.

The girl testified for parts of two days about the encounters and about the diary. No physical evidence was presented regarding the encounters, and no witness reported seeing any of them.

Shultz told Judge Sweeney that Matthews has a wife and child, no criminal record and used no force on the victim at any time. “But for the age of the victim,” he said, Matthews would have been charged with nothing or a lesser offense, he added.

In her sentencing, Judge Sweeney clarified that the sex acts between Matthews and the girl “would have been consensual if the victim was older,” but the girl was not old enough to consent to sex at the time.

The girl’s father spoke before sentencing, saying his research on sexual predators indicates that only 10 percent of offenders are ever convicted and that the only way to stop them from committing offenses against children is to put them in prison.

The father said outside of court later that he wished the jury could have seen his daughter when she was 14 to understand that she was just a child when the offenses started, not the 17-year-old who testified last month.

runyan@vindy.com

By Ed Runyan (Contact)

MySpace slags behind in safety

Our view on social networking security: MySpace stalls on safety
Popular site could move faster to verify users’ age, identity.


A chilling story last week underscored how easily sexual predators can operate on MySpace, the most popular social networking site for younger teens. A New York couple allegedly posed on the site as a sexually inexperienced teen seeking advice. They're accused of enticing two underage girls for sex, including a strip club orgy.

This wasn't an isolated occurrence. MySpace, with more than 70 million users in the USA, has long had a reputation as a magnet for sexual predators. Around the nation, law enforcement officers have set up false MySpace identities to lure and capture dozens of them. Last year, the site, under threat of legal action, scoured its database for known sex offenders and closed at least 29,000 pages. This did not include predators who have not faced charges or those who use pseudonyms.

Given these threats, it no doubt came as a relief to parents and children last week when, after two years of talks, MySpace and attorneys general from every state but Texas signed an agreement that the site would take more steps to protect young people.

Many of the steps are commendable. Among them, MySpace will begin to put privacy settings on accounts for those who say they're younger than 18 (up from 16), run ads to advise parents on Internet safety and perhaps set up a registry for parents to bar their kids from joining (though any parent who believes that a 14-year-old can't create a new e-mail address and identity is naive).

MySpace already posts warnings that people might not be who they say they are. But a truly trustworthy firewall that can stop older people from posing as youngsters, and vice versa, requires stricter identity verification.

And therein lies the problem, as we discovered with a simple test that any parent can repeat. When we set up a MySpace page for a non-existent 15-year-old named Lisa, she was immediately exposed to ads to meet sexy singles and to the news, in an ad, that someone has a crush on her. She was asked to provide her cellphone number. A text message was received instantly after she complied.

We also found one 13-year-old who, like many of his friends, had gotten around privacy settings by claiming to be 22.

MySpace contends that adequate age verification software doesn't exist.

Several state attorneys general disagree, citing, for example, Aristotle software. So the two sides agreed to a classic tactic designed to give the appearance of action in the absence of it: a task force to study the matter.

Other social networking sites, such as Facebook, will be asked to join.

Even in the absence of a perfect software solution, interim steps are possible. How about using databases of drivers' licenses to cross-check ages? In more than 20 states, they are public records.

The point is, more effective safeguards are needed now, and not just against sexual predators, as another recent tragedy illustrates. A 13-year-old in Missouri, Megan Meier, hanged herself after an ex-friend's mother pretended to be a boy who befriended her, then sent her cruel messages.

MySpace declined to write an opposing view to this editorial. Had the site been confident in its protections, it probably would have been keen to trumpet them. More important, it would be moving faster to set up age and ID verifications, not just study them.

Internet Predator Caught

Catching sexual predators like 'shooting fish in a barrel

By Deborah McDermott
dmcdermott@seacoastonline.com
January 23, 2008 6:00 AM

PORTSMOUTH — An Internet crime detective with the local Police Department was key to the arrest Friday of a Worcester, Mass., man on numerous Massachusetts charges of Internet solicitation of a minor.

Scott A. Simoncini, 35, of 95 Sears Island Drive, Worcester, was arrested by Massachusetts state police on five counts of dissemination of matter harmful to a minor and two counts of attempting to entice a child under the age of 16.

According to the Worcester Telegram and Gazette, Simoncini is a history teacher and former coach at West Boylston Middle/High School and has been put on administrative leave with pay.

Portsmouth Police Capt. Janet Champlin said Simoncini's arrest was a direct result of work conducted by Detective Kristyn Bernier.

Champlin said Bernier was acting in her capacity as a member of the N.H. Internet Crimes Against Children Task Force. Portsmouth police are the lead agency of the task force.

Bernier, as part of her job, was going into Internet chat rooms and Web sites such as MySpace and Facebook when she identified Simoncini as a person using a screen name to entice minors into having sex, Champlin said.

Champlin said, while she could not go into specifics about this case, Internet investigators worldwide "pose as minors online. It's like shooting fish in a barrel. A child will go into a chat room and child predators will immediately start engaging in sexualized conversation."

Bernier's information was handed over to the Massachusetts ICAC task force and Massachusetts State Police. When Massachusetts authorities subsequently received a tip on the Cyber Tipline of the National Center for Missing and Exploited Children regarding Simoncini, armed with Bernier's information, they sought his arrest.

Following his arraignment on Tuesday, Simoncini was released on $2,500 bail and ordered to have no unsupervised contact with anyone under the age of 16 and was prohibited from using the Internet, according to the Telegram and Gazette.

Evidence was seized at Simoncini's residence, and he was transported to Massachusetts State Police headquarters in Worcester, where he was processed. Champlin said that, based on the forensic investigation of Simoncini's computer, additional charges could be forthcoming.

Champlin said, while Internet investigators are constantly trolling the Web, they can't catch all the predators. Parents must play a part, as well, she said.
"Parental supervision is key," she said. "Here is someone actively online trying to solicit minors and disseminating sexual material to minors.

"So I can't stress enough: Parents need to know who their kids are talking to online, what chat rooms they are going into, because detectives online can't go into all of them.

"The old image of a child molester as a man with a trench coat hanging around a playground doesn't hold true any more," she said. "They don't have to be at a playground. They can sit in the comfort of their own home.

The Internet has provided a target-rich environment for people who want to prey on children."

Alicia's Law

Victim pushes for Virginia funding to catch sexual predators

The Associated Press

RICHMOND, Va. - A Pennsylvania teenager who was abducted, held hostage and sexually assaulted by a man she met online is asking for more funding in Virginia to crack down on child sexual predators.

In 2002, 13-year-old Alicia Kozakiewicz (koh-zuh-KEH'-vich) left her home to meet Scott Tyree, a 38-year-old she had met online. He drove her to his home in Herndon, where he chained her to the floor in his basement for four days while he beat and raped her.

Kozakiewicz joined Alexandria Delegate Brian Moran on Wednesday in pushing for "Alicia's Law." The legislation would provide about $14.8 million to expand Virginia's two child predator task forces. It would also create three regional computer forensic labs and provide money to track Internet predators.

Tyree is serving a 19-year prison term.

Teen sex offender must move!

Teen sex offender, family must move away from school zone

From NBC4/Columbus

GRANDVIEW HEIGHTS, Ohio – Police said that a registered sex offender is living less than 1,000 feet from an elementary school in this Columbus suburb.

According to the Franklin County Sheriff's Office, 18-year-old Matthew David Hensley registered as a sex offender on December 31 after being convicted of unlawful sexual conduct with a minor.


Hensley was living within 1,000 feet of Stevenson Elementary School on Oxley Road.On January 10, Grandview Heights school officials sent an e-mail alert and a letter to parents notifying them that a registered sex offender was breaking state law by living that close to the school.

The 18-year-old sex offender lives with his parents a block away from the school. His mother said that the family intends to move so that her son is in compliance with the law.

Hensley has 45 days from the date of his registration to move from the restricted area near the school.

Repeat offender gets 38 yrs

Sex offender gets 38 years to life in rape case

By Natalie Morales

Staff Writer

Wednesday, January 23, 2008

URBANA — A man who kidnapped and raped his ex-girlfriend then led police on a high-speed chase through two counties in June was sentenced Tuesday to 38 years to life in prison.

Joseph W. Rollins, 37, of 4458 Woodville Pike, was also placed in a higher sex offender category because he was previously convicted of two other rapes.


He had pleaded guilty to charges of aggravated burglary, failure to comply with the order or signal of a police officer, kidnapping and two counts of rape for the June 29 incident.

Champaign County Common Pleas Judge Roger Wilson gave Rollins consecutive prison terms for the charges, categorized him as a Tier III sex offender and suspended his driver's license for life.

On the morning of June 29, Rollins went to the home of a former girlfriend. When she opened the door, he forced her inside at knife-point, raped her twice and assaulted her during a four-hour period, Champaign County Prosecutor Nick Selvaggio said.

Rollins fled in a vehicle and led deputies and Ohio State Highway Patrol troopers on a high-speed chase through Champaign and Clark counties.

Rollins previously was convicted of sexual battery in Darke County. He has since been indicted of another rape charge in Miami County, Selvaggio said.

Rapists find pleasure not in the sexual gratification from the act, but in the power and control they feel, he said.

"The day you raped me, punched my face and held me at knife-point, you said you had control over me — now I have

control over your fate," according to a statement the victim wrote, which Selvaggio read in court.

Rollins, whose attorney declined comment, apologized to the victim and officers and said he needed help to find out what was wrong with him.

The victim said Rollins' apology did not excuse his actions and that the memories of the attack make her fear daily activities, like answering her front door.

"Judge Wilson has put this community in a position where it is unlikely that it will be harmed by Joseph Rollins ever again," Selvaggio said.

MySpace Predator

How a sinister MySpace predator targeted teen girls

By Dan Herbeck
NEWS STAFF REPORTER
Updated: 01/06/08 8:02 AM



On his MySpace page, he called himself “sex master Adam.”

He said he was 20 years old, and the page featured photographs of a muscular, shirtless young man.

His spelling and grammar were atrocious, but the words on his personal profile page left little doubt about the kind of girls he wanted to meet.

“yes i am from buffalo,” he wrote. “what im looking for are some bad lil girls and when i say bad i mean really bad girls who will do anything i ask them to.”

His MySpace page drew reponses from dozens of teenage girls, some as young as 13. And after communicating with Adam several times, some of the girls sent him pictures of themselves in the nude, sometimes in extremely lewd poses.

Police recently learned that Adam was really David W. Evans, a 48-year-old cafeteria worker who lived alone in an apartment on Buffalo’s West Side.

Cheektowaga police and the FBI arrested him last month, and charged him with coercing a minor to produce child pornography, a federal felony crime.
Six victims have been identified so far, but police believe there may be many more — dozens, possibly more than 100. They are trying to track down other teens whose pictures were found on Evans’ cell phones and computer.

As police continue their investigation and more girls are located, questions are being raised about the victims, too:

• Regardless of how old she thought Adam was, why would any teenage girl send naked pictures of herself to a man she had never met?

• How could the girls’ parents be unaware of what was going on?

• How common is this kind of conduct in the Internet age?

For cops and others studying the case, there are no simple answers.

“There was a progression,” said Cheektowaga Detective Michael K. Hockwater, who broke the case with Detective Terence J. Griffin. “It started out with girls using MySpace to meet a hot-looking 20-year-old guy. Then, [Evans] began making demands on them. And then, threatening to do things to them if they refused to send racier pictures. It just got out of hand.”

“I’ll tell you why it happened,” Griffin interjected. “Because their parents didn’t know what they were doing.”

The girls made terrible mistakes, but characterizing them as bad girls would be unfair, said Bonnie L. Glazer and Stefan Perkowski, who work with young sex crime victims through Child & Adolescent Treatment Services of Western New York.

“They’re not bad kids; they’re victims of a seduction by an adult,” said Perkowski, the agency’s program director. “And they’re growing up in an age when you have an explosion of role models like Paris Hilton telling them that this kind of behavior is not only acceptable, but something they should aspire to.”

Sexual predators often try to excuse their actions by claiming their young victims were at fault, said Glazer, a clinical social worker who is also the executive director of the child and adolescent treatment agency.

“We’ve seen many cases where teenagers do things over the Internet without realizing the implications, the trail of information,” Glazer said.
“The Internet makes it too easy.”

U.S. Attorney Terrance P. Flynn said he finds the case “very disturbing” on two different levels.

It demonstrates the ease with which sexual predators can misuse the Internet, he said, and it also shows the immaturity and vulnerability of some teens who use social networking sites to make their private lives public.

Sites widely misused

One person who was not surprised by the Evans case or the teen girls’ conduct is Patricia McLain, a Buffalobased community educator for the National Center for Missing and Exploited Children.

“I’ve spoken to about 250 different groups in the past two years, and at almost every event, someone tells a horror story about one of the social networking sites,” McLain said. “These sites are misused by bullies, by sexual predators and by kids posting very inappropriate pictures of themselves.”

McLain said she shares Perkowski’s concern about the influence of tainted celebrities like Hilton. McLain is aware of several local cases in which underage girls have e-mailed nude pictures of themselves to boys they “had a crush on.”

With an estimated 100 million registered users, MySpace.com is reportedly the world’s busiest social networking Web site. Critics say the Web site’s operators don’t do enough to stop child predators from misusing it.

Last February, a federal judge in Austin, Texas, dismissed a $30 million lawsuit filed against MySpace by the family of a 13-year-old girl who said she was sexually assaulted by a 19- year-old man she met on the site. The man had falsely told the girl he was a high school senior and convinced her to give him her telephone number.

The judge said MySpace was protected under the Communications Decency Act and cannot be required to verify the age of every user. MySpace officials have said they have worked with the National Center for Missing and Exploited Children on security improvements, including free parental notification software.

“MySpace gets most of the publicity because it’s so big, but there are problems with all these sites,” McLain said. “You can pose as anyone on these sites. None of them verify the information that people post.”

Social networking sites can be used in many positive ways, McLain said. She noted that many soldiers fighting in Iraq or Afghanistan use the sites to keep in touch with friends and family members.

Threats and harassment

David Evans’ crimes went far beyond just misrepresenting himself on his MySpace profile, authorities said.

According to the U.S. Attorney’s office, Evans used MySpace to meet teenage girls, and then — while posing as young Adam — got some of the girls to give him cell phone numbers.

“He convinced some of the girls to send him topless pictures of themselves. Then he’d ask for dirtier pictures,” Hockwater said. “If they refused, he threatened to call the girl’s parents and tell them what she had done, or post all her personal information and pictures on the Internet.”

Griffin said two girls told police Evans e-mailed them explicit pictures of him, and one girl said he threatened to come to her home and kill her if she stopped sending nude photos.

“One of the girls was petrified,” Hockwater said. “She finally went to her mother, and her mother came to us.”

So far, one victim has been found in Cheektowaga, one in Lancaster, one in the Town of Tonawanda, and three in the Rochester area, police said.

Evans pleaded not guilty in federal court after his arrest on Dec. 18. If convicted, he could face a mandatory 15- year prison term. His attorney, federal public defender John F. Humann, said the girls and their parents also should be scrutinized. He noted that Evans is not accused of having actual physical contact with any of the girls.

“I’m not trying to minimize [the allegations],” Humann said, “but where are these girls’ parents when they’re going on the Internet and sending out pictures of their private parts?”

Flynn said, “This case is a classic illustration of the need for parents to monitor their kids’ e-mail activity. Before they allow a son or daughter to sign up for a MySpace account, they need to talk to them and determine whether they are mature enough to handle it.”

“The Internet world is a mirror of the real world,” McLain said. “There are predators looking to take advantage of kids in the real world, and in the Internet world. Parents need to know that.”