Wins Are Not Always Measured in Time
A win for the Commonwealth in a criminal prosecution is typically measured by the number of active years of incarceration that the defendant receives. This measure, however, discounts and does a disservice to the victims of crime.
In January 2017, Jeffrey O’Brien was arrested on 3 counts of aggravated sexual battery of a child under 13. There were 2 minor victims in the case. Both victims suffered from several mental health diagnoses attributable to the sexual abuse inflicted by O’Brien. In preparing for trial, we, along with their mother, realized that testifying in court would only do further damage to each child’s mental health. A plea agreement was reached with the defense in which O’Brien got an active sentence of 24 months, an indefinite no contact order with the victim’s and their family, and he was required to register with the VSP sex offender registry.
While some may deem this a loss, our victims and their mother did not. Both victims went onto thrive in life after the criminal case was completed. Their mother has said that both girls “felt so comfortable and heard with your office” and that we “were such a huge part of [name omitted] healing.” Also, and most notably, that our office and the way we handled the case is the “reason [name omitted] is still here.”
Children account for our most vulnerable population. Children are sadly the targets of crime
more often than anyone would wish. They are the victims in some of the most heinous crimes we prosecute, namely sexual abuse, typically at the hands of someone that should have kept them safe. Their age and lack of trust of people in general, make them the hardest victims to help through the judicial system.
Our office strives to make each victim we encounter feel safe once they enter our doors. Each victim is paired with a victim advocate to assist them and their families through the entire process. We routinely give tours of the courtrooms to allow them time to process in advance of trial. We meet with victims as many times as they need to feel comfortable with the process, all the while understanding we can never make the process stress free for them.
Even with all the above in place, children, unfortunately, are not always able to testify. Most of them suffer from severe mental health diagnoses caused by the trauma of sexual abuse. The stress of testifying is sometimes too great. In these instances, our office does what we can to find an outcome that protects and best serves our victims and the public.
