Children are some of the most vulnerable members of our society. They often lack the physical and emotional strength to defend themselves, and their voices are sometimes unheard. In child abuse cases, securing a conviction can be particularly challenging. 

The trauma of abuse can make it difficult for children to come forward, and even if they do, their young age can make it hard for them to provide a clear and detailed account of events in court. Here in Florida, a recent update to the law aims to strengthen child protection and empower young victims to speak up by making it easier for their voices to be heard in the courtroom.

What is Hearsay?

In court, hearsay refers to any out-of-court statement offered as evidence to prove the truth of the matter being asserted. For example, a police officer testifying about what a child told them about abuse would be considered hearsay. 

Generally, hearsay is inadmissible because the witness who made the statement cannot be cross-examined by the opposing party. This raises concerns about the reliability of the evidence. Cross-examination allows the opposing party to challenge the witness's memory, perception, or motives, which is crucial for assessing the accuracy of the statement.

Difficulties in Child Abuse Cases

Child abuse cases often involve situations where a child is the only witness to the crime. However, due to their age, trauma, or fear, a child may not be able to provide a clear or detailed account of the abuse in court. The very experience of abuse can be shattering for a child, making it difficult for them to process and recall events. 

Additionally, young children may be intimidated by the courtroom setting, with its unfamiliar formalities and potentially hostile atmosphere. This can make it difficult for them to testify effectively, even if they want to tell the truth. These factors can create significant hurdles for prosecutors seeking to hold abusers accountable. Without a strong, clear narrative from the victim, proving guilt beyond a reasonable doubt becomes a major challenge.

House Bill 305: Expanding Hearsay Exceptions for Child Victims

House Bill 305, signed into law in June 2023, marks a significant step forward in protecting Florida's children. This legislation amends the state's hearsay exceptions for offenses involving children, creating new avenues for admitting crucial out-of-court statements made by young victims. These statements can provide essential details about the abuse they endured, bolstering often-fragile memories and overcoming the challenges associated with testifying in court. Prior to House Bill 305, prosecutors faced limitations in presenting evidence, potentially allowing abusers to evade justice. This new law empowers the justice system to better hear the voices of child victims and hold perpetrators accountable.

Key Provisions of the New Law

Here's a breakdown of the key provisions introduced by House Bill 305:

• Prior statements of abuse: The new law allows the admission of a child's prior statements about abuse, even if the statements were not made to a qualified professional. This can include statements made to parents, teachers, counselors, or even friends.
• Out-of-court recordings: Recordings of out-of-court statements made by a child victim are now admissible under certain circumstances. This can be particularly helpful in cases where a child may be hesitant to testify in court but has previously disclosed the abuse in a recording.
• Relaxed qualifications for professionals: Previously, only statements made to certain qualified professionals, such as therapists or social workers, could be admitted under the hearsay exception. House Bill 305 broadens the definition of qualified professionals to include a wider range of individuals who may interact with child abuse victims, such as school counselors or law enforcement officers.

As House Bill 305 gains traction, there's a chance for increased public awareness about child abuse and the importance of reporting suspected cases. Educational campaigns can leverage this new legislation to highlight the signs of abuse and emphasize the role of bystanders in protecting children. This heightened awareness can empower more people to report suspected abuse, ultimately leading to a safer environment for Florida's children.

Potential Impact on Child Abuse Prosecutions

House Bill 305 is a significant step forward in protecting children and ensuring justice for victims of abuse. By allowing more out-of-court statements to be admitted as evidence, prosecutors will have a stronger chance of securing convictions in these difficult cases. This can not only deter potential abusers by demonstrating the increased likelihood of facing consequences, but also empower victims to come forward. Knowing their voices will be heard in court, even if the trauma makes testifying challenging, can be a crucial step in their healing process. Additionally, successful prosecutions can lead to harsher sentences for perpetrators, removing them from positions of trust and preventing further harm to children. Ultimately, House Bill 305 has the potential to create a safer environment for Florida's children by holding abusers accountable and giving a voice to the voiceless.

What This Means for Child Safety and Justice

The new law, House Bill 305, has the potential to bring about positive changes that can significantly impact child safety and the pursuit of justice.

Empowering Child Victims to Have a Voice

Children who have suffered abuse often feel isolated and silenced. The trauma they experience can be overwhelming, leaving them afraid to speak up or unsure who to trust. House Bill 305 allows their voices to be heard in court through the admission of out-of-court statements. Knowing their words will be considered in court can empower them to break the cycle of silence and begin to rebuild their lives.

Holding Abusers Accountable

Previously, the limitations on presenting evidence created significant hurdles for prosecutors, potentially allowing abusers to escape accountability. With the new law, prosecutors will have a stronger chance of securing convictions.

Mase Seitz Briggs | Committed to Protecting Vulnerable Children

At Mase Seitz Briggs, we are dedicated to protecting the most vulnerable members of our society, including children. We understand the complexities of child abuse cases and the challenges faced by victims and their families. If you suspect a child is being abused, please reach out to a trusted adult, law enforcement, or a professional who can help. Our experienced child advocacy lawyers are here to support you and fight for the rights of your child. 

When you are facing the unimaginable, we can help. Contact us today!

A Legacy of Abuse: The Uncovering of Horrors at Dozier

In the panhandle of Florida, there are 31 white crosses outside of a white house, no names, and insufficient crosses for those discovered in recent years. Florida’s School for Boys, better known as Arthur G. Dozier School for Boys, was in Marianna, FL. A place to send boys “for their own good” as they were caught smoking, stealing cars, or worse. As this “school” became increasingly crowded, they spent over 4 million dollars and created another campus in the town of Okeechobee, FL. Hoping to bring a brighter future for the troubled youth of Florida. 

Physical and Psychological Trauma 

Boys were sent to Dozier as “damaged”, as they were leaving, they were left damaged. Boys between the ages of five to 20, were sent there by the state to be reformed. When you speak to these men now, they will tell you stories that will have you wondering if the abuse and trauma they suffered sent them on a path of violence and if the school was a training ground for a life of crime. 

Survivors of the school vividly recall the torment they endured at the hands of staff. Shocking incidents of beatings, prolonged solitary confinement, and what they call “boy hunting”. As boys would come and go through the school, oftentimes they would attempt to run for their lives, especially at the Okeechobee campus, where the school is on the edge of town and surrounded by cattle farms and swampy wilderness. Staff would have to go “boy hunting” to bring them back. 

Two instances of reported runaways stated one boy perished from the elements, and one met his end with a contested and suspicious break-in. There is one reported runaway that is entirely unaccounted for to this day. 

At the main Dozier campus in Marianna, sits the White House. A wooden white building where many of their abuses reportedly happened. Boys would suffer corporal punishment that would inflict lifelong scars on their bodies, and they would wait their turn sitting outside the door and listening to the boys before them suffering the same fate. These distressing memories serve as a reminder of the unimaginable suffering endured by these young men. 

A Decades-Long Struggle for Recognition

After 111 years, the school was finally closed in 2011, and the boys who have dubbed themselves the “White House Boys” are coming together to share their stories and recount the horrors they’ve suffered. Throughout the years, the school was investigated, and different laws and rules were placed to help report abuse allegations, but nothing had an impact, like a former student’s story in 2009. At the time of the story, more and more men came forward to tell their stories, but the school failed a state investigation. Then failed a FL Dept of Law enforcement investigation in 2010 and another by the US Dept of Justice in 2011. Leading to the school’s closure in 2011. 

House Bill 21: Hope for Survivors

The men who survived the abuse have been coming to Florida’s Capitol for over 16 years, seeking restitution for the suffering they endured at the hands of the State. They may finally see justice with House Bill 21.

In March, the Florida Senate passed a bill to provide $20 million to compensate victims of the Dozier School in Marianna and the Okeechobee campus. Signing the bill into law, Gov. Ron DeSantis declared that the boys who suffered between 1940 and 1975 would receive equitable compensation. 

Nothing can truly compensate these men for the suffering they endured as young boys. Still, the Dozier and Okeechobee School Victim Compensation Program is a step in the right direction for acknowledging the atrocities they endured. 

Eligibility for Compensations

If you or a loved one are looking into if you qualify for compensation, here is an excellent place to start:

• Were you confined at the school or campus from 1940-1975?
• Can you request records or provide proof of your confinement?
• Were you a victim of abuse by staff?

The law says that only those who were in the school during that time can receive compensation; personal representatives or relatives do not qualify. Applications will be accepted until December 31st, 2024. 

How to Apply for Compensation

Applying for compensation means providing reasonable evidence, including sworn statements, that you were confined in the school or the Okeechobee campus and suffered abuse at the hands of staff. Some good places to start the application process are to:

Call the State of Florida Archives at 850-245-6700 to get any records.

Call the Office of Legal Affairs at the Attorney General’s office to ask questions about the application at 800-226-6667.

This process is expected to be lengthy and complicated. More proof and evidence will be required as more victims step forward to collect their compensation. If you were held at both campuses, that may mean more compensation. Records are unreliable, often covered up, and potentially incomplete. Having a trustworthy legal team will help you navigate this process and allow them to back you up with a strong team of lawyers. 

Standing with Survivors on the Path to Healing | Mase Seitz Briggs

Mase Seitz Briggs is a Florida-based team of trial lawyers who are passionate about helping victims of negligence and wrongdoing. With strong and experienced strategies, we maximize our clients' recovery. We are prepared to bring justice to the men who suffered as boys and children. Contact us today to help alleviate some of the stressors associated with your case.