Florida Child Injury Lawyer Blog

The St. Johns County Sheriff's office recently arrested James Eugene Whaley, Jr. for sexual battery on a child. Mr. Whaley was arrested after the victim's 8 year old brother stepped up and reported the matter to a family friend. Mr. Whaley was given a place to stay by the victim's father. This case shows the dangers of leaving your children with a stranger or with a person who you do not know very well. It is unknown if Mr. Whaley had a prior record of sexual assaults on children. Mr. Whaley who is only 21 years old faces a long time behind bars for his actions if this case is successfully prosecuted. You can read more about this disturbing story at Babysitter Faces Sexual Battery Charges.

Sexual battery on children take place in a number of settings in the State of Florida including day care centers, schools, summer camps, churches, and community centers. Pursuing a civil case against an individual or business for a child injury caused by sexual abuse / battery is not always an easy task since many insurance policies do not cover the intentional criminal acts of another person. There is, however, a way around this by alleging there was negligence on the part of the day care center, school, or church for the failure to complete a background check, failure to supervise, and / or the negligent hiring or retention of the employee. If your child has been the victim of child abuse or neglect in a day care center, school, or church, contact a Florida Child Injury Lawyer for advice.

A disturbing incident took place in Ponte Vedra Florida recently. Ponte Vedra is located just South East of Jacksonville. It is a nice place to vacation and live with great beaches, restaurants and homes. Unfortunately, the Ponte Vedra Inn and Club was the site of the arrest of Andrew Warren Hahn, 24, who was charged with video voyeurism for taking photos of a 3 year old and 8 year old in the locker room. Mr. Hahn was confronted by the father of the children and later apprehended by security guards. He was later arrested by the Jacksonville Sheriff's Office. It appears that Mr. Hahn's cell phone will be a primary piece of evidence for the criminal case.

As a parent and Florida child injury lawyer, I am most concerned about the actions of Mr. Hahn and will advise parents to stay close to their children in any situation where strangers may be present to commit lewd acts.

The events at the Ponte Vedra Inn and Club should prompt parents to stay close to their children and to ask any questions when something unusual takes place. The father of the children did a good job of confronting Mr. Hahn and getting the security involved to apprehend him. Hopefully, Mr. Hahn had not done this in the past at the Ponte Vedra Inn and Club. Obviously, if the evidence confirms the allegations, Mr. Hahn should not be allowed back in the club or around children for that matter.

You can read more about the incident at the St. Augustine Record at Jacksonville man arrested on video voyeurism charge

The Neptune Beach Jacksonville Florida Police Department is investigating an incident of alleged gang rape of a 15 year old at a house party in Neptune Beach, Florida. Underage teens were having a party at a home in Neptune Beach. There were approximately 20 teens at the party. The 15 year old was a house guest of the family owning or renting the home rather than a party goer according to her father. At this time, the investigating officer from the Neptune Beach Police Department is having problems getting statements since most of the party goers have been in contact with lawyers who have advised their clients not to give a statement to the police. Many of the students attending the party were from a private school called the Bolles School. It does not appear that the party was an event sponsored or sanctioned by the school. As written in other posts, parents should be mindful of graduation parties and the problems created by underage drinking. You can read more about the alleged gang rape in an article written by Jim Schoettler, a writer with The Times-Union Jacksonville Florida Newspaper at Parents Stall Gang Rape Investigation.

The house party / rape incident will involve Jacksonville Florida criminal attorneys during the criminal investigation and prosecution if the Duval County state attorney decides there is enough evidence to prosecute the case. The incident may also involve Jacksonville Florida civil and personal injury attorneys if the rape victim and her family retain an attorney to pursue civil damages against the alleged rapists, their families, the owners of the home, the suppliers of the alcohol, and possibly others. It appears the entire incident may have been avoided with better supervision and the elimination of any underage and excessive drinking of alcohol.

Teenagers are committing crimes every day on their cell phones and the Internet in Jacksonville Florida and other communities around the United States. Because of these acts, some teens may need a criminal attorney to defend them while others may consider hiring a civil attorney to pursue damages for the heinous acts of posted nude photographs on the web and e mail the photographs to others. Posting photographs of a teen's boyfriend, girlfriend, or (in many instances) the ex has landed many in hot water. You can read more about the poor judgment and criminal acts of teens at Naked Photos and E Mail Get Teens in Trouble. It should emphasized that the children are the victims of this crime. What may seem humorous to one teen is really a nightmare for others. As parents and guardians of our children, we should do everything we can to monitor and stop this kind of behavior.

An 18 year old man (Bruce Roberts) was recently arrested for attempting to molest a 15 year old at the South Mandarin Jacksonville Florida Public Library. The incident took place in the men's bathroom at the library. Roberts tried to molest the teen in the bathroom. The teen pushed Roberts away and promptly told his mother. Library staff members reported the tag member for a BMW that had dropped Roberts off at the library. The Jacksonville Times Union newspaper reported that Roberts may be mentally challenged. The South Mandarin Library is located in Mandarin which is a suburban area with some commerce down San Jose Boulevard located in South Jacksonville / South Duval County Florida.

DNA testing begins for Polygamy Sect Members in Texas.

Officials are having problems sorting out family relationships within the sect. Names have been changed and sect members have not been very cooperative with the investigation. As such, Officials will attempt to use DNA testing to re-create and identify family trees. Sect members are suspected of allowing and encouraging underage marriages and sexual relationships. You can read more about the status of the case involving the Yearning for Zion Sect at DNA Tests Begin in Polygamy Case.

New legislation has been proposed by Florida's Attorney General that would provide for a minimum of $150,000 in civil damages against individuals who download and distribute images of child's sexual abuse.

The Exploited Children’s Rights Act will make Florida the first state to allow victims of Florida-based child pornography to seek civil remedies against those who download images of that child’s sexual abuse. The legislation will also allow the Attorney General’s Office to pursue these cases on behalf of the victims at their request. You can read more about the bill and the reasons for its proposal at the Florida Attorney General Website.

The Florida Department of Law Enforcement launched a new automatic e mail notification system to track sexual offenders and predators.

You can go to www.floridaoffenderalert.com to sign up for this valuable service. I did it myself by registering my e mail address. I then received an e mail with a link to complete the registration process. I inputed my address and now will receive an e mail any time that a Florida registered sexual offender or predator moves within 5 miles of my home. I will certainly alert my friends and neighbors of such e mails. You can also go to the Florida Department of Law Enforcement web site to research specific sexual predators and offenders. You can even find out if a certain e mail address or instant messenger address belongs to a Florida sexual predator or offender. Prevention and safety often times avoid the need to retain the services of a Florida personal injury lawyer. You can read more about the highlights of the program at the Jacksonville Florida Times Union newspaper web site at
Florida Department of Law Enforcement Web Site Offers Alerts About Sex Offenders.

Children are placed in Juvenile Detention Centers across the nation when they commit crimes. Ideally, the time spent away from home will improve the situation for the child.

In many cases, however, bad situations get worse especially when the child is abused or neglected by detention officials and other juvenile inmates. A study was recently performed that showed that 13,000 children across the nation were abused or neglected in the juvenile detention system. You can read more about this interesting but tragic study at Associated Press (AP) Finds that 13000 Children Were Reported to be Abused Across the Nation in 4 Year Time Period.

Many of you have seen the Dateline NBC Shows - "To Catch a Predator".

I was curious to find out how much time the typical predator caught in the sting would get. A Jacksonville man, Matthew Chitty (age 30), pleaded guilty of multiple counts of using a computer to solicit sex from a child. Mr. Chitty believed he was online chatting with a 14 year old, who was actually an undercover officer. Mr. Chitty was sentenced to 5 years probation and will have to register as a sex offender.

The computer is a great tool (but also a danger) to our children. It is important for every parent to monitor the child's computer use because of the Matthew Chittys of this world. Jacksonville Man Sentenced 5 Years for Soliciting A Child for Sex.

A Kindergarten teacher in Arizona kept working at her job despite charges she had a sexual relationship with a 16 year old. The charges seem solid in that a teen fathered the teacher's child. Once word got out that the teacher was still in the school system . . . the teacher, Angela Csader, was barred from school property. Csader showed poor judgment in having sex with a teen and even more poor judgment, maybe even arrogance, in her decision to keep on teaching. What a poor example this lady has set for young people and the community. You can read more at Kindergarten Teacher Kept Teaching.

The Florida Department of Children and Families is charged with the responsibility of investigating and preventing the abuse and neglect of children throughout the State of Florida.

The Florida DCF recently got a "black eye" of sorts when a former spokesman, Al Zimmerman, was charged with paying two 16 year olds for sexually explicit photographs. One of the victims also stated that Zimmerman offered $200 for sex. It is truly outrageous that Mr. Zimmerman committed these acts when he was once trusted with protecting the children of Florida from predators like him. You can read more about this story at Former DCF Spokesman Hit with Federal Porn Charges.

In Jacksonville, Florida, a local middle school, Fletcher Middle School, has been in the news since semi nude and inappropriate photographs of students showed up on the Internet on myspace and possible other sites. No arrests have been made as of yet regarding these postings and photographs. Parents should pay close attention to their children's internet use. More information about the situation with the Fletcher students and parents techniques to protect their children from overuse of computers and being the victim of a predator can be read at Parents Look to Ensure Kids Are Safe Online.

Victims and other persons can qualify for compensation under Florida Crimes Compensation Act. Pursuant to Section 960.065, Eligibility for Awards as follows:

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:

(a) A victim.

(b) An intervenor.

(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.

(d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor.

(2) Any claim filed by or on behalf of a person who:

(a) Committed or aided in the commission of the crime upon which the claim for compensation was based;

(b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based;

(c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based;

(d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or

(e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08,

shall not be eligible for an award.

(3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57.

(4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender.

History.--s. 1, ch. 77-452; s. 1, ch. 79-297; s. 4, ch. 80-146; s. 2, ch. 85-326; s. 10, ch.

Jacksonville residents protested and rallied against a home where up to 6 registered sex offenders are residing. A company or group called the Philadelphia Christian Center owns the home and only commented that the home has met all legal requirements for Florida. Apparently, there are 15 children in the area of Wandering Trail, according to resident Diane Knowles. While no laws may have been broken, this news story shows the importance of being informed and aware of your neighbors especially those who have been identified as registered sex offenders. You can perform a search of your neighborhood and other parts of Florida by going to the Florida Department of Law Enforcement Web Site - Florida Sexual Offenders and Predators. I did a search for 1 mile from my home. There were no registered offenders or predators in my direct neighborhood but there was one in a friend's neighborhood. I will be sure to inform my friend of the offender.

The Jacksonville Sheriff's Office arrested a former youth counselor and bus driver with the Dupont YMCA for charges of lewd and lascivious molestation following an investigation that began in May 2007. The former YMCA worker, Daniel Hardie, was reported in police records to have touched a 9 year old and a 7 year old on their genital through their clothing during separate incidents. Background checks were completed prior to employment prior to hiring Hardie. It would be interesting to see Mr. Hardie's personnel file to see if there were prior incidents and allegations. It would also be interesting to know Mr. Hardie's work and criminal history. Many offenders go undetected for years without police investigations and arrests. The families of the victims should be commended for coming forward with these charges. Many children, in the long run, will benefit from the actions of these families. You can read more about this story at the News4Jax (Channel 4) website - Ex-YMCA Worker Accused of Molestation. There are many criminal and civil issues involved in matters of this nature. Victims and their families would benefit from the advice and counsel of an attorney especially when dealing with these issues.