http://www.rwmlaw.com/studies.html

Rosen Wasser McArthur
Criminal Law Barristers
Cindy Wasser

Case 2: Nanny accused of sexual abuse – Case dismissed due to lack of evidence

Vilma Climaco, a Filipina nanny who had been working in Canada since 1991 was arrested on February 4, 1999, on allegations that she had sexually abused four-year-old twin boys at her previous place of employment.

While employed by the accusers, Climaco’s ex-lover and her son’s father, Joseph Kiss, told the family numerous times that she was physically abusing their children. The family eventually believed him and fired Climaco. The family notified the police of their suspicions after hearing accusations of sexual abuse against Climaco from their four-year old twin sons. Before the trial, information surfaced that the twins had engaged in inappropriate sexual play with a 12-year-old neighbourhood boy, an event that had been witnessed by the father of the family and investigated by police. No charges were laid against the young boy.

Climaco’s first trial started in September 2000, but Wasser, Climaco’s lawyer, requested a mistrial when the prosecutor declared its intention to have the 12-year-old boy who had engaged in inappropriate sexual play with the twins, testify. The boy denied abusing the twins but now alleged that he had seen Climaco abuse the twins and that she had also abused him.

Prior to the date of the second trial, the 12-year-old boy was interviewed by police on videotape three times. His stories were found to be contradictory, and in the final interview, he said that he had been lying all along. The prosecutor decided to proceed with his evidence in any event.

The second trial started on January 2, 2001, but charges were dismissed by the judge after he agreed with the defence that the statements made by the 12-year-old, the twins, Cimaco’s own child and, her ex-lover were unreliable and not credible. Charges against Climaco were dropped on Thursday, January 11, 2001.