Sex Assaults Allegations at St. George's Won't Go to Court

By Karen Lee Ziner
Providence Journal
June 2, 2016

http://www.providencejournal.com/news/20160602/sex-assaults-allegations--at-st-georges-wont-go-to-court

An extensive seven-month investigation into alleged systemic sexual abuse at St. George's School found "no prosecutable criminal conduct," and has been closed, State Police Col. Steven G. O'Donnell and Rhode Island Attorney General Peter F. Kilmartin said Thursday.

"Unfortunately for those who came forward, they will not be able to seek justice within the criminal justice system due to the applicable statutes defining conduct, and statute of limitations," their joint statement said.

The investigation focused on allegations of sexual assault and sexual misconduct "by seven former faculty members;one current employee; and three former students upon students" at the elite private Episcopal boarding school in Middletown.

It also centered on allegations "that the current and prior school administrations did not properly report instances of alleged assault to the Rhode Island Department of Children, Youth and Families." (St. George's acknowledged after its own preliminary investigation last year that it “failed on several occasions to fulfill its legal reporting requirements,” and publicly apologized for harm done to known victims.)

St. George's School issued a statement late Thursday: "... St. George's cooperated fully with the Rhode Island State Police's extensive and thorough investigation. Our focus remains on efforts to support survivors and on continuing to make the school as safe a place as possible for our current students."

State police investigated "all allegations it received." Some dated back as early as 1970; others as recently as 2005. They interviewed some 40 witnesses, including former students and current and former faculty members, and examined documents and files obtained from the school under court order.

"After a careful review of the allegations, evidence and applicable statutes by members of the Rhode Island State Police and the Rhode Island Attorney General's Office, it has been determined that the state cannot proceed with criminal charges at this time," the statement said.

"The laws on sexual assault are much different today than existed at the time many of the reported incidents took place. For example, the statutes defining first-degree sexual assault were not enacted until 1979, and common-law rape required the sexual assault to take place between man and woman," the statement said.

Also, the school administration's alleged failure to report abuse or neglect "could not be charged due to the fact that in some instances, the alleged failure to report was not defined as a criminal offense until 1979, and in other instances, the prosecution of any allegations would be time-barred by the three-year statute of limitations that existed for the specific crime," the statement said.

"We're obviously disappointed," said Anne Scott, co-founder of SGS for Healing, an alumni group of survivors of sexual assault at St. George's. "Survivors are going to continue to seek justice, and when it comes to sexual assault, justice will require systems reform. There's an urgent need to look at the statute of limitations on both the civil and criminal side, as well as mandatory reporting."

Attorneys Eric MacLeish and Carmen Durso, who represent SGS for Healing and other alleged victims, called for "institutional change."

"This is just another example of what a travesty of justice the statute of limitations can be," MacLeish said.

Under the current mandatory reporting statute, "after three years go by, you're scot-free," MacLeish said. "That's wrong. There should be no statute of limitations for failing to report child abuse."

Durso said the three-year statute of limitations on civil cases should also be eliminated "so that people who are being denied justice in the criminal courts will have a place to go where they have redress and can identify the people who abused them."

MacLeish and Durso singled out The Rev. Howard W. White Jr., former St. George's assistant chaplain whom the school fired but never reported to authorities, after White admitted to sexual misconduct in 1974.

"You have people like Reverend Howdy White, who has admitted to molesting children," and gone on to allegedly molesting others, MacLeish said. "And there's nothing that can be done. It's a reminder that the statute of limitations is inconsistent with the protection of children."

A Journal investigation published May 1 found that after St. George's fired White, he worked at other private schools and parishes in multiple states over the next four decades. During that time he allegedly sexually abused other children. (White has not been charged with any crime.)

Those children included Forrest Parker, now 46. Parker told The Journal that White raped and abused him after North Carolina social services placed him in White's foster care in 1985.

White remains under criminal investigation in North Carolina based on Parker's allegations and others by a former parishioner. North Carolina has no statute of limitations on felony sexual assault.

Parker emailed Thursday: "How can the justice system determine that the administration at St. George's is not responsible? Very disappointed. Define justice!!"