The justices of the South Carolina Supreme Court are no fans of “forensic interviewers,” those professionals who are trained to talk to children when there is a suspicion of abuse or neglect. That disfavor became clear in a recent child abuse case, although the court ruled to uphold the conviction based on other overwhelming evidence.

Tagged with: Child Abuse

State v. Kromah Allowing a forensic interviewer to testify that she reached a compelling finding of child abuse was the equivalent of allowing her to say the child-victim was telling the truth. Nevertheless, any error was harmless beyond a reasonable doubt since the interviewer merely restated what the overwhelming evidence had already indicated: that the child’s injury was the result of physical abuse.

Tagged with: Child Abuse

When Kelly Waldron Bowles, 27, finally decided in 2002 to report years of sexual abuse at the hands of her former stepfather, a Dorchester County grand jury indicted Donald A. Baxter with second degree criminal sexual conduct with a minor and committing a lewd act upon a child. Baxter eventually pleaded guilty to the lesser offense of aggravated assault and battery by taking indecent liberties with a minor, and was sentenced to six years in prison, reduced to two years probation. He did no jail time. But in the civil suit that followed eight years later, it took Berkeley County Court of Common Pleas Judge Stephanie McDonald just one day to find for the victim. On November 15, McDonald awarded Bowles $14 million in damages on her claims of sexual assault, sexual battery, intentional infliction of emotional distress and gross negligence. “The award cannot replace the childhood and innocence that Kelly lost,” said her attorney, Joseph P. Griffith Jr. of Charleston (pictured).

Tagged with: Child Abuse Criminal Sexual Conduct Sexual Abuse

Doe v. Wal-Mart Stores, Inc. As we held in Doe v. Marion, 373 S.C. 390, 645 S.E.2d 245 (2007), there is no private right of action for failing to report suspected or known child abuse under the Reporter’s Statute, S.C. Code Ann. § 63-7-310(A). Moreover, defendant Wal-Mart had no common-law duty to protect an abused child, nor did Wal-Mart’s internal policies about developing photographs - or their violation - create such a duty. We affirm summary judgment for Wal-Mart.

Tagged with: Child Abuse Tort/Negligence

State v. Smith. Defendant's four-month-old daughter died from a combination of an overdose of four times the adult therapeutic level of pseudoephedrine and blunt-force trauma to her chest. Evidence of an . . .

Tagged with: Child Abuse Criminal Practice Evidence Homicide Homicide by Child Abuse Horry County