Editor’s Note: The following is the second part of a three-part series regarding sex offenders.


CHENANGO COUNTY – District Attorney Joseph A. McBride discussed the different factors involved in prosecuting sex offender cases.
“Sex offender cases are very different than most other cases,” said McBride. “A lot of witnesses are very young and are not able to communicate that effectively.”
“I am only allowed to present cases, by law, that I know I can prove. Despite the fact I know deep down in my heart that a person was molested, I can't go forward with the prosecution unless I have the evidence to prove it beyond a responsible doubt,” he added.
McBride said when older children are victims of sex abuse, the cases can be even more difficult. Even if he believes the victim, he said jurors are often unable to resolve the conflict between the victim and the alleged sex offender if the defendant has a good story.
“Sex cases are very, very difficult,” said McBride. “I can only prosecute. I can't fix every wrong in society.”
The longtime DA said he has gone to trial on cases he thought were “very good,” the victim testified under oath and was challenged by the entire system.
“I've been there when people have told a very credible story, the defendant still got a ‘not guilty’ verdict. The devastation that those victims have sometimes felt is as bad or worse than the underlying crime to begin with,” said McBride.
He said he knows victims whose lives have fallen apart for testifying in cases where they had been allegedly attacked and assaulted.
“I have to make a judgment call whether or not there is enough proof, because a jury will decide based on the evidence. Many people think those who sexually abuse children should be put away forever, but that's not always possible,” said McBride.
McBride said a major factor involved in many sex offense cases is how much time has passed since the sex crime has occurred. In approximately the last 15 years, the legislature has extended the statute of limitations for prosecution of sex crimes against children.
“A reason for increasing the statute of limitations is that many of the cases were not being disclosed to law enforcement until after the child had grown up and had the strength to communicate what was done to them much earlier in their life,” said McBride.
He said it is difficult to hold defendants accountable for the actions they have committed in the distant past, and he said it is also very difficult to get the proof that people expect to see in the courtroom for incidents that occurred many years ago.
“In order to protect the children from reliving the traumatic experience and make sure a defendant is held accountable for what he did, many sex offense cases are resolved with agreements between the prosecution and defense,” said McBride.
McBride said he aims to ensure sex offenders are punished and registered so the world is on notice of their behavior.
First Assistant District Attorney Michael D. Ferrarese agreed and said the main goal of the prosecution is to protect the rights of the victims by preventing victims from experiencing more trauma after what has occurred and by assuring them, to some degree, that the defendant will be held responsible.
“Every case is different,” said McBride. “Age, place, time, ability to communicate, prompt outcry, motive to fabricate ... they’re all factors that go into an analysis of how the case should proceed and be dealt with. Not everybody is happy, and in some cases, when you have young children involved... many refuse to believe the crime has occurred.”
McBride said adults who have sexual relations with children should be removed from the community as long as possible, but the realities of the current legal system require the prosecution to go through the legalities of the process.
“If the guy is an actual child pedophile, we also want to prevent the child from having to explain those very, very personal acts in front of other people,” said McBride.
“The victims are the most important component in these types of cases. We want to avoid them having to go through the stress. There are boundaries and limitations to what we can do,” added Ferrarese.
McBride said it is not just the DA Office that is restricted, but he said it is all the investigators, crime victim service staff and private counselors trying to help the victims survive.
“It's in no way a sole process, because everyone works as a team to make sure we get the best results that are out there. It's a multidisciplinary task force for the victim,” said McBride.
“Sometimes members of the community are upset that certain defendants are not going to prison for decades, and I can understand that and would feel the same way,” he added.
The DA said in those cases where there is not a long-term sentence in state prison given, there typically involves some type of proof problem. Whether it is the age of the child or if a great deal of time has passed before law enforcement was notified.
“There are many, many issues to be considered about whether or not the case should go forward. Many cases where defendants receive a split sentence are when the victims of the crimes are somehow related to the offender and are reluctant to be responsible for their long-term incarceration,” said McBride.
He said when that occurs, many victims try to evade and avoid the criminal prosecution process and do not cooperate in the criminal prosecution of those who have violated them. Because of that reluctance to cooperate and because of those proof issues, he said the most appropriate sentence that can be given is a split sentence.
“We are at least sure of two things ... he is doing jail time to be punished for what he did, and he is on 10 years probation, which will require him to receive sex offender treatment and minimize the chance of his re-offending in our community. There will also be restrictions on his life, including his access to children, access to the internet and restrictions on his mobility, which protects the community,” said McBride.
“If in fact a violation does occur, that often does not require the initial victim to testify, and he can be removed from the community for a substantial period of time, which could be a possible state prison sentence,” he added.
McBride said the safety and protection of county citizens is the main priority. He said defendants are given an opportunity and if they violate their probation, he usually asks for the maximum state prison sentence.
“There does appear to be a reluctance on the jurors part when there is an issue of two different versions that have occurred. I think there is a reluctance out there because we are dealing with people's lives. That is why these cases are so sensitive,” said McBride.
The DA said he does his best to protect the rights of the victim and to help keep the community safe from sexual predators.