19 Sep 2012
When a concerned citizen called in with a complaint that a Manor Independent School District bus was being operated while a student was standing in the bus, little did anyone realize the ramifications of the call.
All Manor ISD buses are equipped with video cameras. The tapes are ordinarily not reviewed in the absence of a complaint. When the tape was reviewed in response to this complaint it showed much more – the bus driver allegedly sexually assaulting a ten-year old girl. The girl reportedly told police the assaults have been going on since she was six years old. According to officials the driver, who has been fired, had been working for the district for twelve years. They say he was subjected to an extensive background check, as are all ISD employees.
The charge in this case is continuous sexual abuse of a child under section 21.02 of the Penal Code:
“A person commits an offense if: (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.”
Continuous sexual abuse of a child is a first degree felony, punishable by a sentence of up to life imprisonment.
Child sexual abuse is often unreported by the child involved. There are many possible reasons for this, including fear of retaliation; lack of understanding of what is happening; fear of not being believed; fear of upsetting their parents, etc. As a result, it can only be discovered, in many cases, through the appearance of behavioral problems such as sleep disorders, depression, anxiety, nightmares and other signs. And the end result is that many such cases are either never discovered, or only come to light years later.
Assuming the allegations in the Manor ISD case are true, the most shocking aspect of the situation is not that the conduct took place, but rather that video evidence of the alleged crime was available for years, but was not reviewed, and thereby allowed the conduct to continue. While we can’t predict the outcome of any criminal case, we can predict with some certainty a significant change in the Manor ISD policy, and the policies of other school districts, regarding review of school bus tapes.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737