Mother Outraged Over Child Cruelty Charge

AVON PARK - Because of the way Florida statutes were written, where the line between lewd molestation ends and child cruelty begins may surprise some people.

A 17-year-old girl reported Wednesday that she was inappropriately touched by her friend's father on Oct. 3, in the afternoon after an overnight visit.

Her mother said she was outraged Friday to learn the suspect was being charged with child cruelty rather than some form of molestation. The mother and victim's name have been left out to protect the alleged victim.

Stephen Lance Walker, 56, of Avon Park, was released on $5,000 bail Thursday after he was booked into the Highlands County Jail on Oct. 3 and charged with cruelty toward a child - abuse without great harm.

The mother also questions the part in the charge whether great harm was done, saying her daughter was emotionally distraught and jumpy to the touch as a result of what she has claimed happened to her.

"She trusted him," said the victim's mother. "She was absolutely hysterical. She will always remember her senior homecoming because of this incident."

According to the arrest report, the girl was returning to the home of her friend who she has known many years, Walkers' daughter, to get some clothes she left there. She reported she was greeted at the door by Walker, who approached to give her a hug.

He had hugged her before without incident, the report stated.

The girl told sheriff's investigators that instead of a hug, Walker placed his hands on her breasts, one hand on each breast through her clothing, the report stated. He then placed his left arm around her and held her while he placed his right hand on her bottom, the report stated. He then placed his right hand on her private area through her clothing, the report stated.

The victim reported she pushed him away and told him to stop.

The teen reportedly went to her friend's room and retrieved her work clothes. Walker reportedly followed her there, where the victim reported he approached her again and touched her breasts again, the report stated.

The 17-year-old's mother wanted Walker charged with a sex offense, so that if he was convicted he would be labeled a sexual offender.

Why is this not lewd molestation, she wanted to know.

Sheriff's Capt. Randy LaBelle said Friday that's the way the statute is written. There are different age brackets in the statutes, he said.

"Unfortunately, the victim was 17, he touched the outside of her clothing, so it goes in as a battery, but it is still a (third-degree) felony," LaBelle said. "It's not lewd and lascivious (molestation) because it cuts off at age 16."

LaBelle said he doesn't understand why the statute was written that way.

"What's more important than children and at 17 you're still a child, legally," he said. "I don't know where that 16-year-old cutoff came from."

What's more, added LaBelle, when it's an adult inappropriately touching an adult through the clothing, it's a simple battery, which is a misdemeanor.

It's only considered a sexual battery when there is some kind of penetration, he said.

Walker told investigators that he did accidentally touch the victim's breast when he went to give her a hug. He stated he did not mean to and emphasized it was an accident. He stated he did not do anything else to her.

On Friday, a judge issued a restraining order against Walker to have no contact with the victim, the victim's mother said by telephone message.

Walker's next court date was at 9 a.m. Oct. 29.