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In recent years, as the issues of domestic violence and sexual abuse
of women and children increasingly became topics of national concern,
the Georgia Legislature passed a series of laws designed to provide
for more accurate reporting of these crimes by law enforcement and to
address the concerns of victims of these types of abuses. However, these
provisions alone proved sadly lacking in truly confronting these terrible
crimes as the legislation only related to aspects of the problem such
as arrest requirements, victim notification, and potential compensation.
Further, it was clear that a system designed to address the physical
safety, economic well-being, and emotional needs of victims of these
crimes was a long way off. It became evident that a more "holistic"
approach to the prosecution of these types of offenders was needed-and
perhaps nowhere more so in Georgia than in Fulton County.
Some brief statistics bear this out: In 1990 and 1991, approximately
1,739 rapes were reported in Fulton County. However, only 10% of these
incidents were ever indicted by the then-Fulton County District Attorney.
Of those that were indicted and tried, only 25% resulted in a conviction.
Further, in 1996, this Office allowed approximately 1,200 victims of
abuse and sexual assault to sign waivers of prosecution, thereby terminating
the investigation and prosecution of their cases.
Offenses against children in Fulton County often met with the same fate.
A terrible and well-known example of this is the sad case of five-year-old
Terrance Bailey. Terrance had a long history of abuse, much of it reported
to authorities, at the hands of his mother's boyfriend, Quinton Hunnicutt.
In 1993, when one such instance of abuse was reported to this Office,
the case was overlooked, and nothing was ever done to secure the child's
safety. As a result of these missed opportunities, in 1996, following
a terrifying hostage situation in which Hunnicutt held captive Terrance
and his mother, the years of abuse culminated in Terrance's death at
the hands of his abuser.
The perception that this Office was unwilling to or uninterested in
prosecuting such crimes-after so many years of overlooking them-was
widespread and firmly entrenched. Thus, it was painfully clear to current
Fulton County District Attorney Paul Howard when he took over this Office
in January of 1997 that sweeping, immediate change was necessary if
he was to restore public confidence in this Office's ability to protect
its most vulnerable citizens.
As a result of this personal commitment to combating domestic violence
and child abuse and in order to restore the community's trust, one of
the first official acts of District Attorney Howard's administration
was to end the use of waivers of prosecution. But reforms did not stop
there.
In the most far-reaching of these, the District Attorney created a "Crimes
Against Women & Children Unit," which adopted an entirely new
approach to the prosecution of these types of offenses.
The Crimes Against Women & Children Unit is currently composed of
one deputy district attorney who heads the unit, one chief senior assistant
district attorney, seven other assistant district attorneys, six investigators,
three specially assigned members of the Office's Victim-Witness Assistance
Program, and a liaison with the Department of Family & Children
Services, Jacquelyn Drake. Five administrative and clerical staff members
are assigned to assist the unit. The squad exclusively screens and develops
cases involving sex offenses, domestic violence, and the abuse/homicides
of children.
"Vertical prosecution," a technique also practiced by the
Office's Major Felony Unit, is utilized to address the sensitive nature
of these cases. Vertical prosecution depends upon early intervention,
another key factor in the successful prosecution of cases of sexual
abuse, domestic violence, and those involving children. The technique
allows trained prosecutors to utilize checklists and protocols designed
to elicit valuable information shortly after these offenses occur. Victims
in these cases, for a variety of reasons, may ultimately decline to
cooperate with authorities once the trauma initially surrounding these
events subsides. Consequently, it is difficult to deal with evidentiary
issues that arise during litigation, unless such cases are carefully
investigated and charged from the beginning.
The Director of Counseling Services for the District Attorney's Victim-Witness
Assistance Program works closely with the unit to coordinate services
to victims who may otherwise be without shelter, clothing, medical care
and mental health services. The unit educates victims about the manner
in which the criminal justice system operates and advocates on their
behalf throughout the process.
Also, in a further effort to more aggressively pursue allegations as
well as confirmed cases of child abuse and criminal neglect, close cooperation
with the Department of Family & Children Services (DFACS) has been
established. A full-time DFACS staff member is officially assigned as
a liaison to this Office and works within the unit in order to insure
that abuse/neglect referrals are not overlooked and that cases are prosecuted
as effectively as possible in the best interest of the child involved.
In 1998, the unit began to focus on the disturbing trend in metro-Atlanta
of pimps preying upon girls as young as 11-years-old, trapping them
in the city's underground sex industry. The Office worked closely with
State legislators to pass a new law making the pimping of minors a felony
in Georgia and has secured the convictions of a number of these dangerous
sexual predators.
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