Amber Moats, 'mildly' retarded, molests 11 year old and gets away with it

[TheMeaningOfItAll]

For five months, the 11-year-old girl was enamored with Amber Moats.

Moats, 23, showered her with attention. The two posted notes on each other's MySpace pages. They discreetly held hands, hung out and watched horror movies together at the northwest Omaha house of Moats' mother.

And twice, prosecutors allege, Moats sexually assaulted the girl. They say she even discussed taking the girl out of state — and changing the girl's name, dyeing her hair and using contact lenses to change her eye color.

But Moats, who insists she is innocent, no longer faces criminal charges in connection with those allegations.

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The reason: She's mildly mentally retarded. And a Lincoln Regional Center doctor who evaluated her could not say that there was a “substantial probability” that she would ever understand how the court system worked.

The dismissal of charges has left authorities scrambling to keep tabs on Moats, prosecutors calling for the law to be more clearly defined and others asking the question: How does society protect potential victims while ensuring the civil rights of the vulnerable?

And it has left the victim's mother reeling.

More at link, including info. from victim's mother
http://www.omaha.com/article/20091220/NEWS01/712209922

Okay...a few thoughts struck me. 1. She totally played up her disability when they tested her. 2. That is exactly why I won't let my kids stay the night at other people's houses. If they want to do a sleepover, they can do it at our house. Not at someone else's. 3. I wonder how many more victims are going to be abused before the state finally figures out she's a pedo. Just because she's a woman doesn't mean she's not capable of molesting kids. And, I couldn't believe the defense attorney was saying the charges were "laughable". What a piece of shit.

[MC30]

ok. i just woke up and this may not make sense but i'll try it anyway. if being mildly mentally retarded can get you out of a sex assult charge, i'll be damned if this woman gets a job or has a child. maybe its just me but if your so bad off that you can't understand the court system you have no business being in other factors of society. most people don't understand how the court system works (like me, right now, wondering what the Fuck!) and thats what a lawyer is for.

sorry, i did not mean to offend, but WTF?

[TheMeaningOfItAll]

I agree. And she has a 4 year old kid. So...instead of "keeping an eye" on the kid, maybe they should take her away from Amber since she is so "disabled" that she can't control herself. The whole story pissed me off.

[MC30]

Masteller doesn't dispute Moats' mental retardation. But when it comes to her competency to stand trial, the prosecutor argues, Moats' actions showed that she “was functioning at a higher level than her testing would indicate.”

In a phone call with the girl — a call recorded by Omaha police — Moats questioned whether anyone else could overhear their talk about sex, Masteller said. Moats also balked at meeting the girl at a nearby gas station because, she told the girl, too many Omaha police officers go there.

In a police interview after her arrest, a detective said, Moats acknowledged it “was wrong” to be with an 11-year-old girl.

Masteller questioned whether Moats had been instructed to play up her disability after she was charged. He pointed to a jailhouse phone conversation in which Moats' mother told Moats: “Maybe your disability should come out, you understand?”

[TheMeaningOfItAll]

EXACTLY!

[jabr0507]

One of my children is developmentally disabled, because she is I've ended up meeting alot of people who are parents of/care for/ teach/ or are actually also developmentally disabled. Many of the young adults (with help) that are high functioning are able to get (and keep) jobs and some even attend college. Some live in group homes which is a way to give them their independance but they are monitered by staff to ensure their safety. My daughter works very hard in school despite her disability. People with disabilities are entitled to many (I do not say all because personally there are some things that I do not feel even my own child would be able to handle) the same factors of society that everyone else is it usually comes down to the individual. That being said I do not feel as though the woman should not be punished. They could have hospitalized her or jailed her but kept her outside of the gp. Just because someone is disabled does not mean that they are free to do whatever they want. Giving someone a free pass is not protecting the vulnerable but rather enabling people like Moats. I feel as though their disabilities should be taken into account when sentencing is handed down but they need to serve a sentence if they commit a crime. A man who is developmentally disabled set fire to an apartment complex not far from where i live and he was sentenced to prison but is kept away from the gp.

[Sister Iroz]

but if your so bad off that you can't understand the court system you have no business being in other factors of society.

Not true, I have two older kids that have disabilities and there IQ score were in the Mildly Mentally retarded range. I can tell you my kids wouldn't understand the court system and quite a bit of other things. However, they do have the right to be in other factors of society. I have Durable Power of Attorney and Medical Advance Directive on them, so I can help them make decisions. I want them to vote and possibly do other things in life with the help of District 19 which helps people/kids meet goals that we set up, get a job and maybe one day be able to live on there own with assisted living. Also, both live in a group home where they have goals as well, like learning to cook, washing clothes, etc.

Moats is mildly retarded — and always has been. She was a special education student throughout her school years, with an IQ that ranged from 60 to 70. In a test this year, she scored a 59. Anything at or below 70 is generally considered mentally retarded.

Further tests showed that Moats has the intellect of anywhere from an 8-year-old to an 11-year-old, according to her psychologist's reports.

Now, this young lady apparently has an IQ score which is around the same as my son. I do believe since she has been in Special Education during the school years and is 8-11 yr. old level, honestly she probably doesn't understand how the court system works. It's hard to judge on this when we haven't met this young lady. You can tell by talking with them sometimes what level they are on.

“I also believe that she is only mildly retarded and may very well be able to attain competency with the help of some education.”

Now, I do believe with the help of someone that has worked with special education students the person could possibly get her to understand the court system. They could have brought someone in and go thru the proceedings with her.

I'm curious to know if she lives with someone or on her own. Also, has she been the one to care for her daughter. This is a hard call to make but there are people out in the world who are disabled and I would hate to see them let other people off for there disabilities.

[jabr0507]

I agree with special

[malq]

This post will be very unpopular I am guessing,
I have mixed feelings. while I have a strong disgust for pedophilia, I have to wonder if this mildly retarded woman was capable of understanding the societal boundaries put in place. There is not enough information here to tell. Frankly in the animal kingdom or caveman days(even 17th century) it wouldn't matter.
These rules are created by us and abided by people who understand them.
I wonder how much of the responsibility she should bear. That determines what level she is on, like Special said.

[evervigilant]

She's sneaky , I think she knew exactly what she was doing . Why else would she be worried about cops ?

[MC30]

she has a kid. she knows what sex is.

This post will be very unpopular I am guessing,
I have mixed feelings. while I have a strong disgust for pedophilia, I have to wonder if this mildly retarded woman was capable of understanding the societal boundaries put in place.

[Sister Iroz]

she has a kid. she knows what sex is.

Yes, she probably does know what sex is, but who's to say a man didn't take advantage of this young lady knowing she has disabilities. We will never know. Now, does she understand the consequences of having sex? Who's to say since we do not know how disabled this young lady is. Again, it's hard to judge this lady unless we knew her or all circumstances surrounding her. I'm not trying to defend her, but apparently she was on the same age level as the girl she apparently molested. I think there is a possibility that the 11 yr. old girl may have understood what they were doing was wrong more than Moats. Plus, there was know way she was going to kidnap her because she doesn't even drive. She probably couldn't pass the written or driving test because of her disability.

However, if this lady knew what she was doing and knew it was wrong, she should face criminal charges.

[MC30]

In a police interview after her arrest, a detective said, Moats acknowledged it “was wrong” to be with an 11-year-old girl.
Masteller questioned whether Moats had been instructed to play up her disability after she was charged. He pointed to a jailhouse phone conversation in which Moats' mother told Moats: “Maybe your disability should come out, you understand?”

im not trying to get into a pissing match. i have nothing but compassion for most anybody. but this chick does not deserve my compassion. she knew what was up and she faked it. and her mother helped her.

[TheMeaningOfItAll]

Okay, okay, okay. I had to walk away from this for a while and I thought about it a little more. I still firmly believe that she exaggerated her testing. I also believe her mother backed up/encouraged Moats to make the tests look worse than they really were. Furthermore, she was intelligent enough to be afraid of the cops, knew enough to change the look of the 11 year old if they ended up running away together, and was smart enough to use MySpace on a regular basis. I understand that she is mildly retarded and this post is not a statement in any way on retardation, but rather, a statement on Ms. Moat's actions. I think she understood consequences perfectly well. I also believe she knew what she was doing was wrong. And are we losing sight of the fact that the victim was 11 years old? 11 YEARS OLD. They may say Ms. Moats has the intelligence of an 11 year old, but she also has 12 more years of life experience than the average 11 year old does.

I guess the question is, how do they protect "society" from someone who is a below-average intelligence pedo? In this case, I feel like they should do something to make sure no one else is damaged from this woman, and I really don't believe she should have her child if she isn't smart enough to know right from wrong, as the defense is arguing.

[Pazuzu]

In my opinion at least 80% of the human population is mildly retarded.

Why even bother with a legal system? Empty the jails and let them all run free and molest minors.

[battery jackson]

this might sound cruel, but if a person is retarded and acts out in such a way, it's probably even more of a reason to remove them off the face of the earth once and for all, because they are less likely to suppress such behavior at the behest of others.

[Saffron]

Mildly retarded is not what most of you take it to be. My niece has the same IQ as this girl and she is still not toilet trained at 7 years old, she doesn't know better than to jump off the top of the staircase in her home even though she's done it twice and broken her arms both times. She doesn't understand how to even chew her food. Their concept of mildly retarded and mine differ quite a bit. In my view my niece with her 59 IQ is profoundly retarded, she will never learn to read or write or even TALK. (She's so retarded that she can't even use the computer picture machine they gave her to "talk" for her... she's supposed to point to pictures to "tell" people what she wants.) She knows less than 10 signs and they've been teaching her sign language since birth. A 59 IQ is NOT what most of us would consider mildly retarded, it is profound or severe. Someone with a 59 IQ can not pre-plan or understand the consequences of their actions.

[Saffron]

This post will be very unpopular I am guessing,
I have mixed feelings. while I have a strong disgust for pedophilia, I have to wonder if this mildly retarded woman was capable of understanding the societal boundaries put in place. There is not enough information here to tell. Frankly in the animal kingdom or caveman days(even 17th century) it wouldn't matter.
These rules are created by us and abided by people who understand them.
I wonder how much of the responsibility she should bear. That determines what level she is on, like Special said.

I can guarantee you she doesn't... read my post on my niece who has the same IQ as this woman.

[Athena]

One thing that seems to have been neglected in the discussion of this case: There is a fundamental difference between "knowing" and "understanding". "Knowing" is superficial. "Understanding" is far more thorough, and IT is what the law requires. The fact that this woman knew what she was going was wrong does not mean that she understood it.

If this is the case, I agree that she should not have custody of her child, and that she should be subject to court mandated supervision. I think the fact that we simply dismiss cases due to a lack of understanding on the defendant's part is a huge hole in the system. But the fact remains that, if she truly does have the intellect of an 8-11 year old, she did not understand that her interaction with this child could be harmful (I say "could" because it's not necessarily), thus, she should not be prosecuted under that assumption.

[malq]

One thing that seems to have been neglected in the discussion of this case: There is a fundamental difference between "knowing" and "understanding". "Knowing" is superficial. "Understanding" is far more thorough, and IT is what the law requires. The fact that this woman knew what she was going was wrong does not mean that she understood it.

If this is the case, I agree that she should not have custody of her child, and that she should be subject to court mandated supervision. I think the fact that we simply dismiss cases due to a lack of understanding on the defendant's part is a huge hole in the system. But the fact remains that, if she truly does have the intellect of an 8-11 year old, she did not understand that her interaction with this child could be harmful (I say "could" because it's not necessarily), thus, she should not be prosecuted under that assumption.

Yeah that just sunk in. If she is not capable of understanding that molesting a child is wrong, she should not be the primary provider under any circumstances. and if she is capable of it, well... she is guilty.