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Acting on the advice of their attorney, Terrebonne Parish Council members ignored pleas from a citizen and a child advocate to change course on their defense of a lawsuit brought by a woman who, as a teen, was sexually abused in a detention center by a guard.
No comment from members was offered in response to addresses at a Wednesday night Parish Council meeting from Lucretia McBride, a Houma resident and frequent commenter on parish policies, and Carolyn McNabb, a former parish attorney.
Both women urged officials to back off a defense to the lawsuit that includes a claim that the victim – who entered the Juvenile Detention Center at the age of 14 and had intercourse with guard Angelo Vickers – is partially at fault because she consented to the acts. The trial began last month and has been adjourned until March 24, 2014.
The use of the defense, constructed in a way that appears an attempt to mitigate any dollar amount District Judge George Larke might award, has been the topic of blogs and comments in national media.
Nationally recognized advocates for women and for abused children have roundly criticized the approach. So far as attorneys for the plaintiff and legal experts consulted by the Tri-Parish Times in prior stories can see, there is no precedent for mitigation of damages when a child or adult victim is subject to sexual abuse while imprisoned.
“This defense does not resonate well with me as a mother, as a grandmother and even as a former Terrebonne Parish deputy,” McBride said.
The idea of blaming a 14-year-old for her own victimization, McBride said, “hinges on immorality and visual vulgarity.”
Tragic baggage
She was particularly critical of a comment attributed in the newspaper to an unnamed parish official, suggesting a propensity toward lascivious behavior by some young women who are ordered to the detention center.
“When these children get incarcerated, of course they have baggage,” McBride said. “They have been victimized in life, they have been exploited in many, many horrible things. If we were more proactive in the community maybe we wouldn’t have these children show up with so much baggage.”
McBride said she was asking the Council to “take a leadership role and determine that this line of defense does not represent Terrebonne Parish, and to advise the counsel of record to have it removed from the documents and the court context. There are other sustainable arguments that can be made for what they are trying to defend.”
McNabb, a co-founder of the Court Appointed Special Advocates of Terrebonne, which aids youngsters involved with various aspects of the court and family services systems, told council members that after reading of the defense in newspaper articles, she pulled the court file and compiled her information direct from the source.
The court papers said the perpetrator “could not have engaged in sexual relations within the walls of the detention center without the young girl’s cooperation,” that Vickers did not use force or intimidation, and that the victim “initiated the sexual encounters and conspired with Vickers to carry out their plan,” expressing her distaste toward the pleadings and especially toward the lauding of Vickers in court papers as an exemplary employee.
“First of all this young woman didn’t have sexual relations with anyone while she was incarcerated, she was raped and her rapist is serving time in prison right now,” McNabb said, relating a conversation with assistant parish attorney Kip Creighton, lead counsel in the case on the parish’s end, and she asked him to amend his pleadings.
“He declined to grant my request,” McNabb said. “This language in this (court) memorandum in my view does not represent what this community is about and what it wants to be about. When the government says this about this young child I believe the government has committed in effect another assault on this child.”
Position “bizarre”
Legal ethicists interviewed for articles on the case have pointed out that lawyers often have to perform distasteful tasks in order to zealously defend their clients. But they also noted that local governments may, if they wish, consult with their lawyers on the direction litigation is taking, to ensure that the values of the community are reflected.
“This position taken by parish government is so bizarre that I suspect at some point it will gain national attention,” McNabb said. “And I would prefer when that happens that the national press will report that parish government listened, they acknowledged it and addressed the concern in a positive manner.”
As soon as the speakers concluded, Parish Attorney Courtney Alcock asked the Council members not to speak on the matter.
“We are going to be later in the agenda having an executive session on this trial so I would ask that you hold your comments until that time,” Alcock said.
The secret session lasted longer than an hour. When it was concluded, Council members returned to the dais, making no comment on the issue nor acknowledging the speakers.
“It was an insult”
Officials said the executive session – requested by Alcock – was “informational” in nature.
One council member, Arlanda Williams, was not present due to a family emergency. She said Monday that she plans to meet with Alcock to be brought up to speed on what information was shared in the secret session. She said she can then decide what actions might further be taken.
Other council members later refused to discuss the matter, noting that they are barred from talking about what has gone on in an executive session.
Some said they were disappointed that newspaper articles have been critical of the parish, considering the inability of officials to discuss the matter.
McBride, who stayed till the end of the meeting, said she was disappointed but not wholly surprised that council members gave no acknowledgment of the concerns she and McNabb raised.
“It was an insult. I expected a response of some sort,” McBride said. “I expected somebody to man up or woman up and say something … I did not expect them to deal with it that night but I do expect them to deal with it very soon. It was just one more victimization, they came out and victimized the public.”
Other Possible Action
Even if the parish does not make a change in its defense unilaterally, attorneys for the plaintiff, named Mary Doe in court papers to protect her identity, can request that the judge strike any references to blame laying with the victim.
Felix Sternfels, leader of the plaintiff’s team, said that is planned.
It is possible that the argument might not be made until the trial resumes in March.
“At this point we are considering that and it is a matter of timing,” Sternfels said. “There is also a potential for mediation, and the continued potential for settlement discussions.”
Looking Ahead
No matter how the controversy over the parish’s defense plays out or how officials ultimately respond, some advocates say the case evinces a truth that must be addressed by communities throughout Louisiana and the nation, which is that under any circumstances such crimes in places where children are to be protected must be prevented whenever and however possible.
“Defense attorneys often rely on questioning a victim’s motives or credibility in rape cases, and this case appears to be no different,” said Racheal Hebert, director of the Sexual Trauma and Awareness Center in Baton Rouge. “The consent defense is a popular one and plays on public perceptions that allegations of rape are unfounded and/or that the burden of preventing rape lies solely with the victim. In this case, both the victim’s age and the guard’s position of authority render the victim unable to legally consent under Louisiana law, regardless of the level of perceived consent. While a defense attorney is charged with representing a client to the best of his or her ability, any local government faced with such a case should use it as an opportunity to improve training and continuing education for guards and correctional staff to prevent similar incidents from being perpetrated in their facilities in the future.”
Former Terrebonne Parish Attorney Carolyn McNabb addresses the parish council, asking that it change course on its defense of a lawsuit brought by a woman who, as a teen, was sexually abused by a detention center guard.
