ALLEGEDLY TOUCHED HER BREASTS AND GENITALS FOR “SEXUAL GRATIFICATION”
After the New York County Family Court found that Luis E. had sexually abused and neglected his daughter, he appealed.
And on its review of the record, the Appellate Division, First Department, noted that the child had testified that Luis had abused her when she was six years of age, and that he would gain “sexual gratification from touching the child’s genitals and breasts.”
And, after consuming alcoholic beverages, Luis is said to have “lost self-control and committed acts of domestic violence [against the mother] in the child’s presence.” Since that conduct triggered a “presumption of neglect,” under the state’s Family Court Act, there was no “need to present proof of the child's physical, emotional, or mental impairment or an imminent risk thereof as a consequence of his behavior.” In any event, impairment was “inferred,” since Luis was aware that his conduct was occurring in the youngster’s presence, and that she was “emotionally impacted by the violence … as demonstrated by her crying.”
Finding that the underlying determinations were supported by a preponderance of the evidence, and deferring to the trial court’s credibility assessments, the AD1 left the outcome undisturbed.
I’m sure he got no gratification out of that ….
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DECISION