After an investigation, this Federation is in agreement that the KSP and DCBS violated her civil rights and placed her in additional danger by ignoring KRS § 620.010, KRS § 620.030, KRS § 620.040(5)(c), and KRS § 620.050(14).
Secretary-General Jordan Palmer has worked closely with the KSP in hate crimes, school bullying, discrimination, harassing communications, sexual assault, and other problems for 14 years. However, the Kentucky State Police, the Department of Community Based Services, and the Department of Protective Services not taking rape allegations seriously cannot be overlooked.
Instead of taking the victim for medical examination, the victim was forced to damage a police cruiser to avoid being placed back in the home of abuse. The victim was then transported from Letcher to Breathitt County, again, without medical examination or medical treatment.
At no time was the victim offered medical assistance, advice, counseling, or any humane help in any fashion to address her report of rape. Thus, denying a physician the opportunity to protect the minor under KRS § 620.040(5)(b).
The KSP then has the audacity to charge the minor with damaging a KSP automobile when she had no other choice since her pleas for help were not being addressed. Instead of returning to the house of abuse, the minor decided to damage to Trooper’s automobile and risk jail because her pleas had been ignored.
The actions of the KSP and the DCBS completely invalidate the criminal act of any citizen of this Commonwealth for failure to report child abuse under KRS § 620.990(1).
Even though the Commonwealth complied with our demand that all charges against the minor be dismissed, the Kentucky Equality Federation demands the KSP and the DCBS conduct an internal review of policies and procedures related to rape victims across the Commonwealth and assure this Federation each KSP Post and each DCBS Office have been alerted to the proper handling of rape allegations and the need for immediate medical treatment, including a complete sexual offense evidence collection (SOEC) kit no later than June 30, 2018.
“Children have certain fundamental rights which must be protected and preserved, including but not limited to, the rights to adequate food, clothing and shelter; the right to be free from physical, sexual or emotional injury or exploitation; the right to develop physically, mentally, and emotionally to their potential; and the right to educational instruction and the right to a secure, stable family. KRS § 620.010 It also shall be declared to be the policy of this Commonwealth that all efforts shall be directed toward providing each child a safe and nurturing home. KRS § 600.010(b).”
"Without mincing words, the Commonwealth has without a doubt, failed miserably," said Secretary-General Jordan Palmer.
Palmer continued: "You are hereby requested and required to remedy the situation by the date given before another child remains in danger because agents of the Commonwealth are not protecting its citizens.
Governor Matt Bevin assured the citizens of Kentucky that 'educators exposed some of the hundreds of thousands of children to sexual assault and drug use by walking out of class' during the Kentucky teacher's rally in Frankfort, yet this is proof that is happening on his watch, with his executive cabinets even when it is reported.
We speak for the victim, and this federation will continue to comply with the wishes of the minor and her grandmother who now has custody of the minor."
