SEXUAL ABUSE FINDINGS UPHELD ON APPEAL
After the Bronx County Family Court determined that he had sexually abused his two older daughters and had “derivatively abused” his youngest child, an appeal ensued.
On its review, the Appellate Division, First Department, noted that a “preponderance of the evidence,” supported the underlying determination. In addition to out of court statements that were corroborated by a detective, and the kids’ mother, “his intent to gain sexual gratification from raping the two older children was properly inferred from the acts themselves.”
Since the findings were supported by the record, and given the negative inference that was drawn from his failure to testify, the AD1 could no discern no basis to disturb the outcome.
That the youngest child had not been born when the rapes occurred, did not impede a “derivative abuse” finding, as his “parental judgment and impulse control” was found to be so “defective,” that he presented a “substantial risk of harm to any child in his care.”
And, finally, his claim that he had been denied a fair trial because his attorney failed to present appropriate expert testimony at the hearing was summarily rebuffed, as it had not been properly preserved for appeal, nor had he shown that there were experts who had been willing to testify on his behalf in a favorable way.
Bet the slime bucket got no gratification out of that ....
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DECISION