‘HE HURTS ME ALL THE TIME,’ TALLAHASSEE BABYSITTER ARRESTED FOR MOLESTING PRE-SCHOOL GIRL

‘HE HURTS ME ALL THE TIME,’ TALLAHASSEE BABYSITTER ARRESTED FOR MOLESTING PRE-SCHOOL GIRL

On August 2, 2020, a babysitter in Tallahassee was arrested after a 4-year-old pres-chool girl he babysat multiple times told her mother she had been inappropriately touched by her babysitter, Braxton Upshaw. He was charged with one count of lewd and lascivious molestation of a child under 12.

According to court documents, the victim’s mother called the Tallahassee Police Department on October 7, 2019, to report a sexual battery. She told officers that Upshaw, 19, babysat her two kids while she was at work that day. When she returned home, the victim said that Upshaw sexually assaulted her. Her mother also told officers he seemed “very anxious” to leave.

According to court documents, Upshaw had been babysitting at the girl’s house two to four times a week since August 2019 while her parents worked.

His arrest report said, “Upshaw sometimes stays late for dinner and has spent the night before.”  

While being interviewed, the victim told investigators, “He just hurts me all the time.” According to a written statement, the victim said “Braxton touched me with his thing. You know, his big black thing in his pants.” The affidavit said an officer with the special victims unit collected samples from the child for a rape kit. 

Upshaw denied the allegations. According to investigators he said they would not find his DNA on the child and that her DNA would not be found on him. His DNA samples were then collected and sent to the Florida Department of Law Enforcement for analysis.

Less than two weeks after the initial investigation, the victim’s mother reported to investigators that her daughter was playing with her stuffed animals as if they were having sex. When asked about what they were doing, she described the animals doing the things from videos Upshaw had shown her.

Upon Upshaw’s arrest, he was transported to the Leon County Detention Center, where he was held overnight. During his first court appearance August 3, Judge Augustus Aikens Jr. placed him on pretrial release. No bail was required. He was ordered to wear a GPS monitoring device, and to stay away from the victim and her family, as well as any place where there are minors. 

When parents have to work and childcare services are unavailable, they face a tough decision to use a babysitter. Referrals through community connections are explored, as well as considering someone they already know. Once a sitter is chosen, parents take a leap of faith their kids will be cared for and safe. It is unconscionable, unacceptable and unlawful that a child is sexually abused by a babysitter. Someone who sexually violates young children has no place in free society. Anyone who commits sex offenses against children must be held accountable for their wrongdoing and imprisoned. 

Horowitz Law is a law firm representing victims and survivors of sexual abuse. If you or a loved one was sexually abused, raped or sexually molested, contact our law firm at (888) 283-9922 or send an e-mail to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com for a free consultation.

Fr. Bernard Lynch – Archdiocese of New York

Father Bernard Lynch

Archdiocese of New York/Society of African MissionsBernard Lynch Horowitz Law

 

Ordained:1971

Indicted: 1988

Removed: 2011

Assignment History:

  • 1975-1978: St. Gabriel’s (Bronx, NY)
  • 1980-1987: Mount St. Michael Academy (Bronx, NY)
  • 1987-1992: Out of the Country (Ireland)
  • 1992-2019: Moved to London, England

Summary of Sexual Abuse Allegations Against Father Bernard Lynch:

In 1987, Fr. Bernard Lynch became the subject of a criminal investigation into allegations of child sexual abuse of minor boys at Mount St. Michael Academy in the Bronx between 1985-1986. Several teachers at Mount St. Michael’s filed a complaint that he and the acting principal at the time, Marist Brother Timothy Brady, were possibly molesting students.

Fr. Lynch was indicted in 1988 and tried in 1989. Fr. Lynch claimed he was subject to a witch-hunt because of his AIDS ministry. He was found not guilty by the court.

Fr. Lynch moved to London in 1992 and started a ministry for closeted gay priests. He was removed from the priesthood in 2011. Lynch announced in a 2012 memoir that he married a man 14 years prior. As of 2017, Lynch was working as a counselor and spiritual director in London. In 2019 another lawsuit was filed claiming abuse of another boy, age 16, said to have occurred from 1978-1979 in the Bronx, NY. No details have been released, yet.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

Fr. William Luciano – Archdiocese of New York

Father William Luciano

Archdiocese of New York

William Luciano Horowitz Law

 

 

Ordained: 1983

Assignment History:

  • 1983-1985: St. Joseph’s (Kingston, NY)
  • 1985-1987: St. James the Apostle (Carmel, NY)
  • 1987-1991: St. Barnabas (Bronx, NY)
  • 1991-1995: Sacred Heart (Suffern, NY)
  • 1995-2007: St. Michael’s (Bronx, NY)
  • 2007-2015: Christ the King (Yonkers, NY)
  • 2015-2019: Blessed Sacrament (New Rochelle, NY)

Summary of Sexual Abuse Allegations Against Father William Luciano:

In 2019, Fr. William Luciano was placed on administrative leave from Blessed Sacrament in New Rochelle, NY, due to an allegation in a lawsuit filed under the NY Child Victims Act of “inappropriate conduct” that occurred in the 1980s. The details of the sexual abuse allegations, including when and where the alleged abuse occurred, or the victim’s age/gender, are unknown.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

Fr. Robert Lott – Archdiocese of New York

Father Robert Lott

Archdiocese of New YorkRobert Lott Horowitz Law

Ordained: 1965

Died: 2002

Assignment History:

  • 1966-1967: St. John the Evangelist (White Plains, NY)
  • 1968-1971: St. Boniface’s (New York, NY)
  • 1972-1987: St. Joseph’s (New York, NY)
  • 1988-1998: St. Francis de Sales Church (New York, NY)
  • 1999: St. Lucy (New York, NY)
  • 1999-2001: St. Francis de Sales (New York, NY)

Summary of Sexual Abuse Allegations Against Father Robert Lott:

In 2017, a man accused Fr. Robert Lott of sexually abusing him more than 50 times between 1975 and 1985, beginning when the man was 14-years-old and living in Greenwich Village, NY.

Fr. Lott was the victim’s family priest and ministered to the boy’s father who was dying of lung cancer. After the boy’s father passed away, Fr. Lott began inviting the 14-year-old boy to sleepovers at the rectory. The alleged abuse included sex acts that ranged from fondling to sodomy.

Fr. Lott died in 2002, 15 years before allegations came to light.  The survivor received a $500,000 settlement from the Archdiocese of New York’s compensation fund. Fr. Lott was included in the Archdiocese of New York’s 2019 List of Archdiocesan Clergy Credibly Accused of Sexual Abuse of a Minor or the Subject of Eligible IRCP Compensation Claims.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

Why Don’t Abuse Victims Come Forward Sooner?

Time and time again, this question is raised. Often, it comes from those who are genuinely confused but don’t have much familiarity with the dynamics of sexual abuse. Sometimes, it comes from those who are understandably frustrated because they read of predators striking again and again, over years, only to learn that in theory one or two victims might have theoretically stopped him had they reported the crimes earlier.

It’s a question that has as many answers as there are victims. That may sound like a bit of a cop out, but it’s true.

The short simple answer, of course, is this: Rape and child sexual abuse victims come forward when they can. We must accept this and be grateful – emphatically, consistently and publicly grateful – every time a victim speaks up.

Instead of questioning a ‘late reporting’ victim, we must support him or her. Instead of doubting his or her motives, we must praise his or her courage.

But there are some broader dynamics at play here. Let’s look at a very common one: when a child is abused in a beloved institution, like a Boy Scout troop or a parochial school.

Let’s say that a former Boy Scout, now in his 20s, ponders whether to step forward about the crimes committed against him in the troop.

On one hand, he worries about young Scouts still in the troop, often around the still-serving child molesting Scoutmaster. And he knows he’s been wronged (though, like many men, he minimizes it by believing “Well, it just happened once” or “It was bad at the time but I’m over it now” or “I fought him off before he penetrated me.”)

So deep down, he may intellectually know what he should do. But emotionally, he’s deeply torn.

There are of course, all the usual reasons victims keep quiet: shame, humiliation, self-blame, concerns for his family or reputation or business or career. . .

But there’s another set of considerations this young man must grapple with in his decision-making. “I loved that troop. I loved my brother Scouts and our hikes, our camaraderie, our camping trips, and all that. I don’t want to sully my memories and experiences, or theirs, by dwelling on and bringing up

And then there’s the Scouting program itself. “For 98% of the boys, it’s a terrific bonding and learning experience. I’d feel selfish doing anything that might cause more helicopter parents to deny their kids this great program and these great opportunities just because I personally suffered at the hands of one ‘bad apple.’”

See the conundrum?

Or let’s a young woman was molested as a kid by an employee at her Catholic parochial school. Again, before she takes action, she must overcome all the usual reasons to keep quiet: shame, humiliation, self-blame, concerns for her family or reputation or business or career, plus the old “Maybe I did something to lead him on” or “Maybe people will claim I was overly sexual or scantily dressed or ‘wanted it.’”

And then there are the added conflicting feelings: “My family has belonged to this parish for generations,” “If I do something, will mom and dad and grandma and grandpa feel ostracized by their fellow church-goers, or will they actually BE ostracized?” “For all its failings, and my abuse, overall this school was a great experience for me, way better than had I been forced to go to the crummy public school down the street. And the school is having a tough time financially. I sure wouldn’t want to do anything that might tip the scales and cause its closing.”

In both situations, here’s another likely worry by victims: “We had a small, very closely knit class/troop. I hear that victims can protect their privacy in criminal or civil cases. But I know it wouldn’t take long for everybody to figure out exactly which student/Scout is speaking up, even if my name itself isn’t plastered all over the news or the Internet.”

Contrast these conflicting emotions with the fairly straightforward cases of other crime victims. Those who’ve had their homes broken into or purses taken or cars stolen or bodies beaten up in a fight suffer too of course. But emotionally, they generally don’t feel deeply torn. They’re angry at the criminal. Maybe they’re upset because the police didn’t respond immediately, the parking lot didn’t have great lighting or the security guard didn’t step into the fight sooner. But they don’t feel competing loyalties, or fears that their report will force a business to close or that their identity will be disclosed.

Remember, there are many reasons most victims are unable to immediately say “Hey, I was molested.” Let’s all try to show more compassion and understanding and less judgement and confusion

Fr. John J. Lynch – Archdiocese of New York

Father John J. Lynch

Archdiocese of New YorkJohn J. Lynch Horowitz Law

Ordained: 1965

Removed: 2019

Assignment History:

  • 1966-1971: St. Gabriel’s (New Rochelle, NY)
  • 1972-1981: St. Mary Star of the Sea (Bronx, NY)
  • 1982-1988: St. Mary of the Assumption Church (Katonah, NY)
  • 1989 St. Sylvia (Tivoli, NY)
  • 1990: Unknown
  • 1991-1996: St. Joachim (Beacon, NY)
  • 1997-2018: Immaculate Conception (Woodbourne, NY)
  • 2004-2006: St. Joachim Church (Beacon, NY)
  • 2004-2008: St. John the Evangelist (Beacon, NY)
  • 2019: Unknown

Summary of Sexual Abuse Allegations Against Father John J. Lynch:

In 2019, an allegation of abuse of a minor was brought against Father John J. Lynch. The allegation was said to have occurred in the 1980s and was deemed “credible and substantiated” by the Archdiocese of New York’s independent Lay Review Board.

Father Lynch had served as administrator of Immaculate Conception since 1996 until the allegation surfaced. Father Lynch, who denied the allegation, was placed on administrative leave in 2019. The Archdiocese of New York has reportedly removed Fr. Lynch from ministry.

Fr. Lynch was named on the Archdiocese of New York’s 2019 List of Archdiocesan Clergy Credibly Accused of Sexual Abuse of a Minor or the Subject of Eligible IRCP Compensation Claims. The details of the sexual abuse allegations, including where the alleged abuse occurred or the victim’s age/gender, are unknown. Fr. Lynch’s status as a priest, whereabouts, and whether he has access to children are unknown.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

Fr. Francis Logue – Archdiocese of New York

Father Francis Logue

Archdiocese of New YorkFrancis Logue Horowitz Law

Ordained: 1968

Died: 1981

Assignment History:

  • 1969-1976: St. Patrick’s (Bedford, NY)
  • 1977-1981: Absent On Sick Leave

Summary of Sexual Abuse Allegations Against Father Francis Logue:

Fr. Francis Logue is listed on the Archdiocese of New York’s 2019 List of Archdiocesan Clergy Credibly Accused of Sexual Abuse of a Minor or the Subject of Eligible IRCP Compensation Claims.

The details of the sexual abuse allegations, including when and where the alleged abuse occurred, or the victim’s age/gender, are unknown. Fr. Logue died while on sick leave in 1981. 

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

Br. Robert A. Lindemann – Archdiocese of New York

Brother Robert A. Lindemann

Archdiocese of New York/Marianists

Robert A. Lindemann Horowitz Law

Ordained: 1941

Died: 1995

Assignment History:

  • Cathedral Latin High School (Cleveland, OH)
  • Chaminade High School (Dayton, OH)
  • Covington Catholic High School (Covington, KY)
  • Diocese of Brooklyn, Educational TV (Brooklyn, NY)
  • Diocese of Rockville Centre’s Educational TV (Rockville, NY)
  • Immaculate Conception (Washington, DC)
  • Most Holy Trinity High School (Brooklyn, NY)
  • North Catholic High School (Pittsburgh, PA)
  • Our Lady of Rosary Grade School (Dayton, OH)
  • Purcell Marian High School (Cincinnati, OH)
  • James High School (Chester, PA)
  • John’s Home (Rockaway, NY)

Summary of Sexual Abuse Allegations Against Brother Robert A. Lindemann:

Br. Robert A. Lindemann professed vows as a Marianist brother, Province of New York, in 1941. He worked in OH, KY, NY, Washington DC, and PA. He was named publicly as accused by the Marianist Order on its list in 2020.  The details of the sexual abuse allegations, including when and where the alleged abuse occurred, or the victim’s age/gender, are unknown. Br. Lindemann died in 1995.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

 

Br. James A. Liguori – Archdiocese of New York

Brother James A. Liguori

Archdiocese of New York/Christian BrothersJames A. Liguori Horowitz Law

Ordained: 1968

Retired: 2012

Assignment History:

  • 1969: Cardinal Farley Military Academy, Rhinebeck, NY (NY)
  • 1970-1993: Unknown
  • 1994-2011: Iona College, New Rochelle, NY (NY)
  • 2011-2012: Fordham University, West Harrison, NY (NY)
  • 2013-2019: Unknown

Summary of Sexual Abuse Allegations Against Brother James A. Liguori:

A member of the Congregation of Christian Brothers, Br. James A. Liguori received allegations of child sexual abuse in 2008. The alleged abuse occurred in 1969 at Cardinal Farley Military Academy in Rhinecliff, New York. The survivor reported the abuse to the Diocese of New York in 2008, but the Irish Christian Brothers found the allegation not credible and took no action against Br. Liguori. The victim filed a lawsuit in 2012.

Br. Liguori reportedly resigned from his role at Fordham University in 2012. His current whereabouts, status as a brother, and whether he has access to children since 2013, are unknown.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.

Fr. Arthur Leone – Archdiocese of New York

Father Arthur Leone

Archdiocese of New YorkArthur Leone Horowitz Law

Ordained: 1956

Removed: 2019

Died: 2018

Assignment History:

  • 1957: Church of Santa Rita (Staten Island, NY)
  • 1958-1961: Sacred Hearts of Jesus and Mary (New York, NY)
  • 1962: St. Thomas of Canterbury (Cornwall-on- Hudson, NY)
  • 1963: Monsignor Farrell High School (Staten Island, NY)
  • 1964: St. Joseph’s (New Rochelle, NY)
  • 1965-1973: Archbishop Stepinac High School (White Plains, NY)
  • 1974: Chapel Farm (Bronx, NY)
  • 1975-1976: Immaculate Conception (Yonkers, NY)
  • 1977-1990: St. Monica’s (New York, NY)
  • 1991: Unknown
  • 1992-2006: Our Lady of Good Counsel (New York, NY)
  • 2007-2013: St. Peter (New York, NY)
  • 2014: St. Joseph’s Church (Yorkville, NY)
  • 2015-2017: Our Lady of Good Counsel (New York, NY)

Summary of Sexual Abuse Allegations Against Father Arthur Leone:

Fr. Arthur Leone is named on the Archdiocese of New York’s 2019 List of Archdiocesan Clergy Credibly Accused of Sexual Abuse of a Minor or the Subject of Eligible IRCP Compensation Claims.

The details of the sexual abuse allegations, including when and where the alleged abuse occurred, or the victim’s age/gender, are unknown. Fr. Leone died in 2018. According to this list, he had been removed from ministry and his laicization was pending prior to his death.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by Catholic priests and other clergy in the Archdiocese of New York.  If you need a lawyer because you were sexually abused by a priest or other Catholic clergy in New York State, contact our office today. Although many years have passed, those abused by Catholic clergy in the Archdiocese of New York now have legal options, but filing deadlines will apply so do not delay in reaching out to us.  Our lawyers have decades of experience representing survivors of clergy sexual abuse in New York and nationwide. We can help.

Contact us at (888) 283-9922 or adam@adamhorowitzlaw.com to discuss your options today.