Oskaloosa.com

CNHI/Southeast Iowa

June 21, 2013

Centerville police officer, city face federal lawsuit

(Continued)

DES MOINES —

The lawsuit continues to say that the daughter denied that she was the victim of any molestation, sexual assault or sexual abuse. Dr. Steven Goldman, according to the plaintiff’s filing, examined the daughter and following the examination found no indication of sexual abuse, trauma or disease.

Huebner, following a consultation with Dr. Goldman after the examination, "deemed that the collection of evidence for the sexual assault kit was not medically necessary," according to the lawsuit.

In court documents, Huebner claims that the decision on whether or not to proceed with the collection of evidence is the fundamental right of the parent. The lawsuit continues to read that Huebner and the doctor decided not to expose the daughter "to the risks associated with the traumatic, invasive and medically unnecessary procedures required to satisfy defendant Reistroffer's demand for evidence and the sexual assault evidence kit."

The complaint goes on to say that on Feb. 17, 2011, Reistroffer charged Huebner with neglect or abandonment of a dependent person, a class C felony, and child endangerment, an aggravated misdemeanor.

The affidavit Reistroffer used to support the criminal complaints of neglect or abandonment of a dependent person and child endangerment states Heather Huebner deprived her minor daughter necessary health care after the 12-year-old was the victim of "inappropriate sexual contact by a male juvenile.”

Reistroffer states his training and experience led him to believe the girl should have a "necessary and appropriate evaluation and physical exam as standard follow-up procedure for an alleged victim of sexual abuse." Reistroffer had requested the girl complete a "sexual abuse kit."

Reistroffer believed the exam was necessary.

"Not just as a collection process for potential evidence in the aforementioned sexual abuse investigation, but also as a precautionary medical procedure designed to detect dangerous, (both life changing and/or life threatening), S.T.D.'s transmitted through unprotected sexual intercourse."

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