Victim's Parents Charged With Abuse After Their 8 Year Old Is Raped by (14, 13, 10 and 9 yr olds)

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November 21, 2009 6:55 a.m. EST

(CNN) -- The parents of an 8-year-old Liberian girl who was allegedly sexually assaulted by four boys in July were arrested Friday on child abuse charges, according to Arizona police.

The father, 59, and mother, 47, were arrested Friday in Phoenix on seven counts of child abuse, said police spokesman Sgt. Andy Hill. Police were waiting for them at their home after the Maricopa County Attorney's Office issued the warrants.

The names of the parents have been withheld by CNN to avoid identifying the daughter, who is an alleged rape victim.

The child abuse investigation was based on documented incidents from the Phoenix Police Department and numerous referrals to Arizona Child Protective Services dating to 2005.

Police said the parents, refugees from the West African nation, used sticks, wires and their fists to hit their young daughter.

Witnesses told CNN affiliate KTVK that the parents left their daughter wandering their apartment complex alone at night, begging for food.

Details of the girl's assault last summer shocked the nation. She was allegedly lured to a storage shed, pinned down and gang-raped by four boys, none of them older than 14.

The parents said they felt they had been shamed by their child and blamed her for being victimized. As a result, the girl was taken from her home and placed in state custody.

Liberian President Ellen Johnson Sirleaf said at the time that the parents' reaction was wrong and that they needed counseling.

1/07/10
A 13-year-old Liberian boy charged in the reported gang-rape of an 8-year-old girl in Phoenix was released from custody Thursday and turned over to his parents as he continues lessons designed to make him competent to stand trial.

The boy, whom The Associated Press is not naming because of his age, has made progress in his lessons to understand the charges against him and how the justice system works, Maricopa County juvenile Judge Shellie Smith said in court.

The teen sat shackled in the courtroom and said only, "I want to go home."
His parents sat by his side.

"I want my son home," said his father. "We can keep our eyes on him."

Smith granted his release to the parents on several conditions, including that he continue his restoration lessons, get regular counseling and is monitored by an electronic-tracking device. He also must stay inside his home unless he's with an adult and not have contact with the victim, the other boys accused in the rape, or any children under 12 without adult supervision.

Four boys, ages 9 to 14, lured the girl to an empty west Phoenix storage shed on July 16 with the promise of chewing , restrained her and took turns raping her, police said. All the children involved are refugees from the West African nation of Liberia.

Prosecutor Cindi Nannetti argued against the 13-year-old's release Thursday, saying he still had to undergo a psychological evaluation, while defense attorney Robert Jarvis said the teen has been fearful and guarded because of his detention and would become competent to stand trial more quickly if he were in his parent's custody.

The boy is charged in juvenile court with sexual assault and kidnapping, but prosecutors are seeking to have him tried as an adult. He must be found competent to stand trial before the court decides whether his case will be transferred to adult court.

A 15-year-old who was 14 at the time already has been charged as an adult, and the charges against one of the younger boys have been dropped.

State child welfare officials have custody of the girl. The girl's 59-year-old father and 47-year-old mother are each charged with eight child abuse counts for abuse and neglect reports dating back to 2005. Those charges were filed in November.

The gang-rape case sparked an international outcry after police reported the girl's father said she brought shame on the family and he didn't want her back -- comments a family pastor later said were misunderstood because of a language barrier.

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A 9-year-old Liberian refugee accused of participating in the gang rape of an 8-year-old girl will not stand trial because a judge ruled that the boy is incapable of understanding the charges against him and the court process.

Maricopa County Superior Court Judge Dawn Bergin on Tuesday dismissed sexual- assault charges against the boy. They cannot be refiled.

The boy will remain under control of the court until a judge decides whether he will stay in foster care or be returned to the distant relatives with whom he was living at the time of his arrest.

According to police reports and court records, the child and three other boys - ages 14, 13, and 10, all refugees from Liberia - lured the girl to a shed at a west Phoenix apartment complex on July 16 and raped her.

The boys were charged with multiple crimes, including kidnapping, sexual assault and sexual conduct with a minor.

The incident set off an international clamor that brought a Liberian ambassador to Phoenix to defend his country's reputation.

The girl was placed in foster care shortly after the incident. Her mother and father were arrested in November and each was charged with seven counts of child abuse related to a series of incidents dating to 2007.

All of the boys were evaluated for competency. Steven Tuopeh, now 15, was charged as an adult. On Friday, prosecutors and defense attorneys will discuss whether he should be sent back to Juvenile Court or evaluated for mental competency in adult court.

The Republic is withholding the names of the other boys accused in the crime because of their ages and because they haven't been charged as adults.

The 13- and 10-year-old boys are being "restored," that is, instructed in court proceedings so they can be adjudicated in Juvenile Court.

Tuesday's ruling on the youngest boy was the first resolution in the case.

"The judge made the right decision," said Art Merchant, the boy's attorney. "As to where (the boy) goes now is up to the court."

Merchant represented the boy in the delinquency portion of the case; there is a separate process, called "dependency," that will determine custody.

In the dismissal, Bergin heeded the evaluations of a psychologist and a psychiatrist who did not believe the boy could be sufficiently educated to assist his attorney within the 240-day limit set by Arizona law.

Bergin explained her decision in a six-page ruling, noting that the boy needed more than rote memorization of court procedure:

"He must be able not only to know what his constitutional rights are, but to determine how to exercise them. He must be able to understand the pros and cons of entering a plea agreement, not just be able to state what a plea agreement is. Being able to discuss Bible stories and memorize song lyrics is a long way from being able to rationally understand constitutional rights."

The last remark was in response to the prosecutor's assertion that the boy was making progress in foster care.

Over the course of hearings, Deputy County Attorney Cindi Nannetti called the boy's former teacher, his foster mother and the two evaluators to testify as to his competence to stand trial.

The teacher spoke of how the boy seemed underfed and came to school wearing the same dirty clothing every day. But the foster mother testified that he had blossomed in her care.

Nevertheless, the two evaluators stood firm that the boy was not mature enough to be adjudicated.

Bergin also noted in her ruling that she had observed the boy during court hearings, and he rarely paid attention, instead coloring with crayons and markers. This further convinced her that the child was largely unaware of what was going on.

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