UTAH LEGISLATURE

‘Destruction of a child’s soul’: Advocates testify on spike of child torture cases

Oct 16, 2024, 7:10 PM | Updated: 7:22 pm

SALT LAKE CITY — Lawmakers are considering a new child torture bill that seeks to enhance criminal penalties in extreme cases of child abuse.

Today, lawmakers heard from bill advocates Eric Clarke, Washington County attorney, and Dr. Toni Laskey, medical director of the Utah Children’s Justice Centers.

The bill would criminalize child torture as a first-degree felony and raise the minimum sentence to 10 years in prison. Currently, an aggravated child abuse charge is a second-degree felony, and carries a punishment of 1 to 15 years in prison.

“This bill is pretty simple, it makes child torture a stand-alone crime that is a first-degree felony,” Clarke said. “Frankly, all of us that have been working on this would be open to a longer [than 10 year] minimum mandatory.”

During a presentation to the Law Enforcement and Criminal Justice Interim Committee, Laskey argued that child torture is different from other forms of abuse.

“When I evaluate these cases, the overlap with written descriptions of torture from war-torn areas of our world throughout time is striking. The difference between a war crime and the victims I see [is that] these victims are children,” Laskey told lawmakers.

Laskey testified that she has seen an unexplained increase in cases of extreme child abuse since the pandemic.

“I have seen all types of abuse inflicted on children [in my career],” Laskey said. “However, in the last several years I have seen a darker more depraved type of abuse.”

Laskey described child torture cases as different and more extreme from incidents of child abuse. In child torture cases, Laskey said there is systematic and prolonged physical and psychological abuse and isolation of a child.

“The question often raised is ‘isn’t this just a severe form of physical abuse?’ Absolutely not. These are cases that involve confinement, sometimes with ropes, chains or handcuffs. Sometimes in closets or crawl spaces. It often involves the restriction of access to toilets, requiring the child to wear a diaper or use a bucket,” Laskey said. “It frequently involves malnutrition through severe food restriction or giving the child inedible food such as dog food.”

Since 2022, Laskey said she and her colleagues have been involved in the evaluation of at least 12 cases of severe child torture.

High-profile cases including Franke and Hildebrandt, Gavin Peterson, Angelina Costello, and the recent incident of a child found in a make-shift cell in Kearns fit the description of prolonged harm, starvation, and isolation, which Laskey said is often documented by the abusers themselves as found in the cases of Gavin Peterson and Angelina Costello.

“Perpetrators frequently photo or video document these crimes,” Laskey told lawmakers. “The thing that goes along with this is the extreme psychological abuse.”

Laskey isn’t sure what is driving the trend.

“All of a sudden we’re all starting to see these, so colleagues nationally are having nearly identical cases and we can’t understand what has changed, what is different,” Laskey said. “There’s a really strong need for research in that area. Because if we don’t understand what is happening, we can’t prevent it from happening.”

Clarke and Laskey acknowledged the proposed legislation doesn’t get to the root of the issue, but Clarke argued it attempts to elevate the punishment to the level of the crime.

“About a year ago, I worked on my first child torture prosecution. I was shocked when I realized that our current [sentencing guideline] system recommends that first-time offenders who commit child torture are incarcerated for zero days… Someone must have a lengthy criminal history before any prison is recommended for this crime,” Clarke said. “The system’s recommendation is so low that we are fighting an uphill battle in order to put child torturers behind bars.”

“The issue is that the type of abuse that this is, is so comprehensive and so destructive to a child’s soul,” Laskey said.

A few legislators expressed concerns over some of the wording and language used in the bill, specifically when it comes to the definition of psychological harm as a component of child abuse.

The bill is sponsored by Sen. Don Ipson, R-St. George. Lawmakers voted 14 to 1 in support of the bill with the understanding that the draft needs more work.

KSL 5 TV Live

Utah Legislature

FILE: On the same day the Utah’s Senate unanimously passed a resolution to bring an NHL franchise...

Daniella Rivera

‘You are inviting rapists to Utah’: Survivor urges lawmakers to consider consent bill

Year after year, Utah lawmakers have resisted or ignored efforts to close what experts and advocates say is a gap in the state’s sexual assault laws. The lawmaker behind those efforts hopes this year will be different.

8 hours ago

Over a thousand people filled the state Capitol rotunda Friday pleading for Gov. Spencer Cox to vet...

Shara Park

Thousands gather at Capitol Hill to protest against controversial union bill

Over a thousand people filled the Utah State Capitol rotunda Friday pleading for Gov. Spencer Cox to veto HB267.

8 hours ago

The Utah State Capitol stands in Salt Lake City on the first day of the legislative session on Tues...

Daniel Woodruff

No compromise: Utah Senate gives final approval to original version of labor union bill

The Utah Senate voted 16-13 to pass a controversial bill that bans collective bargaining for public sector unions.

2 days ago

Food dyes...

Daniel Woodruff

Utah lawmaker takes aim at candy, soda and food dyes with 2 new bills

A new Utah lawmaker is pushing two bills aimed at helping people eat healthy.

2 days ago

House Rep. Jefferson Burton, R-Salem, presents HB300 during a hearing by the House Government Opera...

Andrew Adams

Bill that aims to alter vote-by-mail option in Utah advances on Capitol Hill

A bill that aims to require voters to return their mailed ballots in person passed a House committee vote Tuesday.

3 days ago

Sen. Kirk Cullimore speaks on the Utah Senate floor on Jan. 31, 2025. (Daniel Woodruff, KSL TV)...

Daniel Woodruff

Utah Senate postpones vote on new version of labor union bill until after the weekend

A new version of a controversial bill dealing with public sector unions in Utah has been publicly released, but one of the sponsors said lawmakers will take the weekend to review it before debating and voting on it.

8 days ago

Sponsored Articles

holiday gift basket with blue tissue paper and gingerbread cookies...

Kneaders Bakery & Cafe

Holiday hacks for a stress-free season

Get more out of your time with family and loved ones over the holidays by following these tips for a stress-free season.

2 computer techs in a computer shop holding up a computer server with the "hang loose" sign...

PC Laptops

A comprehensive guide to choosing the right computer

With these tips, choosing the right computer that fits your needs and your budget will be easier than ever.

crowds of people in a German style Christmas market...

This Is The Place Heritage Park

Celebrate Christkindlmarket at This Is The Place Heritage Park!

The Christkindlmarket is an annual holiday celebration influenced by German traditions and generous giving.

Image of pretty woman walking in snowy mountains. Portrait of female wearing warm winter earmuff, r...

Lighting Design

Brighten your mood this winter with these lighting tricks

Read our lighting tips on how to brighten your mood in the winter if you are experiencing seasonal affective disorder.

A kitchen with a washer and dryer and a refrigerator...

Appliance Man

Appliance Man: a trusted name in Utah’s home appliance industry

Despite many recent closures of local appliance stores, Appliance Man remains Utah's trusted home appliance business and is here to stay.

abstract vector digital social network technology background...

Les Olson

Protecting yourself against social engineering attacks

Learn more about the common types of social engineering to protect your online or offline assets from an attack.

‘Destruction of a child’s soul’: Advocates testify on spike of child torture cases