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Author Topic: Man charged with sexually assaulting girl - Both in CAP  (Read 4371 times)
etodd
Salty & Seasoned Contributor

Posts: 1,201

« on: May 22, 2018, 02:05:30 PM »

21 and 15 ... and they had been "dating"?

Quote
ELIZABETHVILLE — A Williamstown man is free on bail, charged by state police at Lykens with sexually assaulting a 15-year-old Schuylkill Haven girl while the two served in the Civil Air Patrol.

http://republicanherald.com/news/williamstown-man-charged-with-sexually-assaulting-girl-15-1.2338713
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arajca
Salty & Seasoned Contributor

Posts: 4,270

« Reply #1 on: May 22, 2018, 02:22:23 PM »

And this is why wings are required to have a Crisis Public Affairs plan.
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LATORRECA
Seasoned Member

Posts: 228

« Reply #2 on: May 22, 2018, 03:33:13 PM »

    Another reason we have to fight the bad image we get for circumstances like this. Sorry for the cadet and her family.


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EMT-83
Salty & Seasoned Contributor

Posts: 1,870

« Reply #3 on: May 22, 2018, 06:26:17 PM »

It would appear that the incident(s) occurred while both parties were cadets, which would put the male at age 20 or younger.

The only silver lining in this cloud is the decisive action taken by the officer reporting the situation.
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CAPLTC
Forum Regular

Posts: 136
Unit: MER

« Reply #4 on: May 23, 2018, 08:59:28 PM »

It would appear that the incident(s) occurred while both parties were cadets, which would put the male at age 20 or younger.
The only silver lining in this cloud is the decisive action taken by the officer reporting the situation.

Yes. CPPT is important and compliance should be constantly evaluated by Squadrons.
CAP staffers reported it:
"Faust said the incidents came to light on May 2, when Civil Air Patrol Lt. Matthew Bartal reported an alleged sexual assault incident between two cadets."
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Johnny Yuma
Salty & Seasoned Contributor

Posts: 612

« Reply #5 on: May 23, 2018, 10:12:40 PM »

A couple observations:

1. A $10K unsecured bail (effectively an own recognizance bond) for 6 sex crimes with a minor doesn't lead me to believe that anyone really considers this guy to be a deviant. I've seen higher bail for nonperson misdemeanors around my area.

2. Let's assume that they were dating as cadets, even then he would have been in violation of Pennsylvania law however CAP's cadet protection program has no mandate to report.

3. If the media report is correct (they rarely are, but let's play along) sounds like his own admission to the relationship is what cooked his goose. THere's no mention of the 'victim' disclosure here. This is why you never, EVER, talk to the police without a lawyer in these situations.

4. Notice that it was a local member who reported the activity and not NHQ, Inc.? I'm wondering if this was someone legally required to report by state law or was it a member violating NHQ, Inc's own Cadet Protection policy in not reporting the abuse to NHQ, Inc. first? I'm also surprised that the media named the CAP member who reported it, that's usually not done.
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" Skip a bit, brother."
 
"And then the Lord spake, saying: "First, shalt thou take out the holy pin. Then shalt thou count to three. No more, no less. "Three" shall be the number of the counting, and the number of the counting shall be three. "Four" shalt thou not count, and neither count thou two, execpting that thou then goest on to three. Five is RIGHT OUT. Once the number three, being the third number be reached, then lobbest thou thy Holy Hand Grenade to-wards thy foe, who, being naughty in my sight, shall snuffit. Amen."

Armaments Chapter One, verses nine through twenty-seven:
Fubar
Salty & Seasoned Contributor

Posts: 681

« Reply #6 on: May 24, 2018, 03:59:17 AM »

4. Notice that it was a local member who reported the activity and not NHQ, Inc.? I'm wondering if this was someone legally required to report by state law or was it a member violating NHQ, Inc's own Cadet Protection policy in not reporting the abuse to NHQ, Inc. first? I'm also surprised that the media named the CAP member who reported it, that's usually not done.

One of the articles indicated the person who reported this to the police is both a CAP member and a police chief. I'm sure he had a duty to report (I don't recall if he reported it to his own agency or to another).
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sarmed1
Salty & Seasoned Contributor

Posts: 928

« Reply #7 on: May 24, 2018, 11:42:30 AM »

4. Notice that it was a local member who reported the activity and not NHQ, Inc.? I'm wondering if this was someone legally required to report by state law or was it a member violating NHQ, Inc's own Cadet Protection policy in not reporting the abuse to NHQ, Inc. first? I'm also surprised that the media named the CAP member who reported it, that's usually not done.

One of the articles indicated the person who reported this to the police is both a CAP member and a police chief. I'm sure he had a duty to report (I don't recall if he reported it to his own agency or to another).

In part due to multiple scandals involving sexual abuse of children, PA revamped its child abuse reporting requirements a few years back.  Pretty much any Fire/EMS/Police personnel have to file a report as well as many other groupings of individuals.  CAP members irregardless of professional requirements also fall under a mandatory reporter category

Quote
•An individual paid or unpaid; who, on the basis of the individual’s role as an integral part of a regularly scheduled program, activity or service, accepts responsibility for a child

Also in accordance with the PA law, CAP members in PA are required to present and have on file proof of a PA state police background check (FBI background check if a PA resident less than 10 years) as well as a PA Childline abuse registry background check.  Mandated reporters can actually be criminally charged for failure to report suspected abuse- 2nd degree misdemeanor or a up to a 3rd degree felony depending on the severity of the abuse (F3 charge if a 1st degree felony or higher and has direct knowledge)
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Mark Kleibscheidel
TSgt USAFR
Eclipse
Too Much Free Time Award

Posts: 28,764

« Reply #8 on: May 24, 2018, 11:55:49 AM »

Who is responsible for getting those background checks in PAWG and who pays for them?

Presumably there is a special checklist for new members in PA?

What about transient members who come for say HMRS?
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RMW14
Member

Posts: 63
Unit: NER-PA-010

« Reply #9 on: May 24, 2018, 12:05:51 PM »

The PSP background check as well as the Child Welfare checks are done by the state for free for CAP members. The FBI background check is the responsibility of the member if they have not lived in the state for 10 consecutive years.

The checklist and the links to the respective webpages for the checks can be found on the PAWG website, http://www.pawg.cap.gov/clearances . A new membership package will not be processed by by NHQ without the background checks being completed. Any member who transfers in, needs to have them completed but I am not sure the time frame.

I will ask my better half about that part and the transient members for clarification on the procedure when she gets home from work. She is responsible for insuring everyone's the background checks are in compliance at the Wing level.
« Last Edit: May 24, 2018, 12:11:03 PM by RMW14 » Logged
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THRAWN
Salty & Seasoned Contributor

Posts: 1,867

« Reply #10 on: May 24, 2018, 12:08:19 PM »

I like how everybody is looking at the damage control that CAP is doing. Where were the parents on both sides of this?
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Strup
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sarmed1
Salty & Seasoned Contributor

Posts: 928

« Reply #11 on: May 24, 2018, 12:58:18 PM »

...

What about transient members who come for say HMRS?

I don't remember the exact wording, but there is a provision in the state statute that discusses transient persons, it has a maximum number of days per calendar year that they can be present in the state without having to submit a background check documents.

MK
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Mark Kleibscheidel
TSgt USAFR
Eclipse
Too Much Free Time Award

Posts: 28,764

« Reply #12 on: May 24, 2018, 01:02:37 PM »

...

What about transient members who come for say HMRS?

I don't remember the exact wording, but there is a provision in the state statute that discusses transient persons, it has a maximum number of days per calendar year that they can be present in the state without having to submit a background check documents.

MK

But do transient members still become mandatory reporters?  I would imagine the answer is "yes".

Is this something that members are briefed on when they come to PAWG for CAP activities?
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Live2Learn
Salty & Seasoned Contributor

Posts: 634

« Reply #13 on: May 24, 2018, 01:07:20 PM »


In part due to multiple scandals involving sexual abuse of children, PA revamped its child abuse reporting requirements a few years back.  Pretty much any Fire/EMS/Police personnel have to file a report as well as many other groupings of individuals.  CAP members irregardless of professional requirements also fall under a mandatory reporter category



It's easy to see why PA is hypersensitive to this issue, given the decades long cesspit at Penn State football.  The guy who brought it to light was the butt of a lot of pressure AND personal consequences from every person in the chain of command above him.   https://www.npr.org/2011/11/08/142111804/penn-state-abuse-scandal-a-guide-and-timeline
« Last Edit: May 24, 2018, 01:11:20 PM by Live2Learn » Logged
sarmed1
Salty & Seasoned Contributor

Posts: 928

« Reply #14 on: May 24, 2018, 01:09:53 PM »

A couple observations:

1. A $10K unsecured bail (effectively an own recognizance bond) for 6 sex crimes with a minor doesn't lead me to believe that anyone really considers this guy to be a deviant. I've seen higher bail for nonperson misdemeanors around my area.

2. Let's assume that they were dating as cadets, even then he would have been in violation of Pennsylvania law however CAP's cadet protection program has no mandate to report.

3. If the media report is correct (they rarely are, but let's play along) sounds like his own admission to the relationship is what cooked his goose. THere's no mention of the 'victim' disclosure here. This is why you never, EVER, talk to the police without a lawyer in these situations.

4. Notice that it was a local member who reported the activity and not NHQ, Inc.? I'm wondering if this was someone legally required to report by state law or was it a member violating NHQ, Inc's own Cadet Protection policy in not reporting the abuse to NHQ, Inc. first? I'm also surprised that the media named the CAP member who reported it, that's usually not done.

From 52-10
e. Mandatory Reporters. As mentioned in 1-1c, some members are required to report their suspicions of abuse to law enforcement due to their work-related responsibilities. Mandatory report-ers will report in accordance with law, in addition to taking any other actions required by this regulation. 

Given, it says work related, but like I posted above, PA has included a definition that encompasses CAP members in the Mandatory Reporting group.

mk
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Mark Kleibscheidel
TSgt USAFR
sarmed1
Salty & Seasoned Contributor

Posts: 928

« Reply #15 on: May 24, 2018, 01:17:04 PM »


In part due to multiple scandals involving sexual abuse of children, PA revamped its child abuse reporting requirements a few years back.  Pretty much any Fire/EMS/Police personnel have to file a report as well as many other groupings of individuals.  CAP members irregardless of professional requirements also fall under a mandatory reporter category



It's easy to see why PA is hypersensitive to this issue, given the decades long cesspit at Penn State football.  The guy who brought it to light was the butt of a lot of pressure AND personal consequences from every person in the chain of command above him.   [url]https://www.npr.org/2011/11/08/142111804/penn-state-abuse-scandal-a-guide-and-timeline[/url

The Sandusky scandal was just part of the problem.  There were also a number of problems with a Philadelphia area church that had similar arguments:  Those in question said they reported their suspicions up the chain, and it wasn't their fault that those up the food chain didn't do anything about it.  That is pretty much why they changed to say the person with the suspicion is the one who has to report it to the state.

MK
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Mark Kleibscheidel
TSgt USAFR
Ned
Resident Philosopher

Posts: 2,193

« Reply #16 on: May 24, 2018, 01:24:17 PM »

And a couple of observations in response, mostly echoing others:

A couple observations:

1. A $10K unsecured bail (effectively an own recognizance bond) for 6 sex crimes with a minor doesn't lead me to believe that anyone really considers this guy to be a deviant. I've seen higher bail for nonperson misdemeanors around my area.

Generally concur.  Courts try to treat the most serious cases differently than the less serious matters.  But all criminal matters are serious business.

Quote
2. Let's assume that they were dating as cadets, even then he would have been in violation of Pennsylvania law however CAP's cadet protection program has no mandate to report.

A clarification, CAPR 60-1 contains several "mandates" to report.  Adult members who have a reasonable suspicion of abuse are required to report it through the chain of command.  Paragraph 4.2.  Further any member who is a mandatory reporter under state of Federal law must also comply with that requirement, and the regulation requires that as well:

Quote from: CAPR 60-2, paragraph 4.3.4
Mandatory reporters will report in accordance with law, in addition to taking any other actions required by this regulation.

Interestingly, as others have pointed out, Pennsylvania has a unique state law that appears to make even CAP volunteers mandatory reporters under their 2014 Child Protective Services Law.
Quote
[. . .]

4. Notice that it was a local member who reported the activity and not NHQ, Inc.? I'm wondering if this was someone legally required to report by state law or was it a member violating NHQ, Inc's own Cadet Protection policy in not reporting the abuse to NHQ, Inc. first? I'm also surprised that the media named the CAP member who reported it, that's usually not done.

Since it was reported by a local member, it appears that it was indeed someone required to report by state law.  There is no requirement that either the report to law enforcement or to the CAP chain of command be done "first."  As a practical matter, both can be done in a matter of just minutes.  And should be.

Ned Lee
Col, CAP
National Cadet Program Manager

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NIN
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Unit: of issue

« Reply #17 on: May 24, 2018, 01:25:22 PM »

But do transient members still become mandatory reporters?  I would imagine the answer is "yes".

Is this something that members are briefed on when they come to PAWG for CAP activities?

IIRC, there was a deal with HMRS getting staff from outside PA for the Summer school due to the transient members clause.
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The contents of this post are Copyright © 2007-2018 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.
sarmed1
Salty & Seasoned Contributor

Posts: 928

« Reply #18 on: May 24, 2018, 01:47:32 PM »

Quote
As a practical matter, both can be done in a matter of just minutes.

As having to have done this under a different hat:  There is a 24 hour phone number or an online form (PA state) it takes like 2 minutes, you can call CAP after that.

MK
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Mark Kleibscheidel
TSgt USAFR
Mitchell 1969
Salty & Seasoned Contributor

Posts: 784
Unit: PCR-CA-051

« Reply #19 on: May 25, 2018, 12:04:01 AM »


In part due to multiple scandals involving sexual abuse of children, PA revamped its child abuse reporting requirements a few years back.  Pretty much any Fire/EMS/Police personnel have to file a report as well as many other groupings of individuals.  CAP members irregardless of professional requirements also fall under a mandatory reporter category



It's easy to see why PA is hypersensitive to this issue, given the decades long cesspit at Penn State football.  The guy who brought it to light was the butt of a lot of pressure AND personal consequences from every person in the chain of command above him.   [url]https://www.npr.org/2011/11/08/142111804/penn-state-abuse-scandal-a-guide-and-timeline[/url

The Sandusky scandal was just part of the problem.  There were also a number of problems with a Philadelphia area church that had similar arguments:  Those in question said they reported their suspicions up the chain, and it wasn't their fault that those up the food chain didn't do anything about it.  That is pretty much why they changed to say the person with the suspicion is the one who has to report it to the state.

MK

The Roman Catholic Diocese of Scranton had to pay $3 million for ONE child sexual abuse case alone. They had to sell a former seminary and their Diocesan HQ, among other things, to raise money.


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« Last Edit: May 25, 2018, 04:21:15 AM by Mitchell 1969 » Logged
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Mitchell 1969; Earhart 1971; Eaker 1973. Cadet Flying Encampment, License, 1970. IACE New Zealand 1971; IACE Korea 1973.

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