Joshua's Petition

To:  Tennessee Legislature

Joshua Osborne asks you to sign the petition below to urge the State of Tennessee to change its child abuse laws:

1. Eliminate the statute of limitations for child abuse crimes to allow children time to recall and courts or care-takers time to document said crimes.
2. Allow children to testify about abuse against the accused in private (not in front of the accused).
3. Eliminate “first-time offenders” category in cases of child abuse.

JOSHUA'S WORDS

I, Joshua Osborne, am a victim of child abuse. I was chained to the bed. I was given soup and water. Amongst neglect and other forms of abuse, I became a survivor. Child abuse is an insidious type of crime where the victims are, for many reasons, unable to or are fearful of confronting or reporting the perpetrator to authorities.

As a survivor, I want to help other children by bringing to light our state laws. Tennessee laws on child abuse are so vague. 37-1-401 et seq. states: Any wound, injury, disability, or physical or mental condition which is of a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect; also includes sexual abuse.

A sentencing matrix is available at the State Attorney General’s Office here.

HIS AUNT'S WORDS

Josh’s aunt, who now cares for the young man, helped write the rest of Josh’s petition.

Close to three years after Josh was rescued, we are just now beginning to see the full extent of the harm, the atrocities, and the outright torture that was done to Joshua. God gave his parents the privilege to have children and they took Josh’s life and spit on it.

From what we can go on right now, the abuse started around six years old. Josh was raped of his childhood. He was kidnapped from society. He was close to death. Josh will tell you he knew better than to tell the truth. He was accused of hitting his father and stepmother and he did hit – he hit because that’s all he had been taught.

Josh was forced to drink hot sauce and if he threw that up, his head was shoved into a bucket filled with dirty water and bleach. When he was rescued from his brutal existence, Josh weighed 48 pounds because he was not allowed food or water. Josh stole to eat, but was sometimes permitted a can of cream of mushroom soup peppered with coffee grounds.

During court, Josh had to face the parents he loved, despite the abuse. He testified in front of the accused and took the blame for the abuse. Josh lied in court, just as he lied to other officials, teachers, even his own grandmother because that was what he was taught. When your mind has been brainwashed, it takes many years to untangle. Josh may spend the rest of his life untangling the memories in his mind. As more details of the years of abuse are remembered, Josh’s parents will never be held accountable for some of the things done to Josh because the statute of limitations has expired.

Right now, state law specifies a very limited timetable to press charges against an abuser. We believe there should be no limitations because as three years have passed, we are still hearing horror stories. This was not just a case of being spanked. It was a case of torture, starvation, child abuse, child neglect, so why put such a limitation on charges. In addition, during the trial Josh’s parents were considered first time offenders; something we believe also needs to be changed – again given the number of years he suffered. Finally, children should be able to testify without their parents in front of them.


JOSHUA'S STORY

Three years ago, Joshua was rescued from a cruel, brutal existence. The then 15-year old lived with his father and stepmother who often chained the teenager to his bed. When Josh was unchained, it was so he could clean the house. Josh weighed 48 pounds because he was not allowed food or water. When he did eat, it was a can of cream of mushroom soup that his sister was forced to feed him – soup peppered with coffee grounds. If she gave Josh too much food, she was beaten.

It took years for the state to respond to calls to investigate the neglect suffered by Josh. He was taken to the hospital after he was removed from the home and was pleased to eat hamburgers and steak. He said the hamburger was his favorite, but there was too much food for the boy who was always hungry.

His caretakers were arrested, but couldn’t be charged with child abuse because there were no visible bruises on Josh’s skeletal frame. When they were convicted, the state law was silent about what type of felony had been committed. The jurors weren’t going to allow them to walk away from the crime, so they convicted the stepmother of “attempted aggravated child neglect” and the father of the same, along with “failure to protect.” Other felonies in this class are forgery, auto burglary, habitual traffic offender, and failure to appear in court for a felony charge. Josh’s stepmother was sentenced to six years in prison and his dad seven. Ironically, conviction of cruelty to animals can get a longer sentence.

Unlike other people who’ve shared their life with me, Joshua’s story isn’t about his past; rather it’s about his present and his future. Today, Josh weighs 107 pounds and has grown to be over 5’1” tall. He attended his senior prom, has graduated from high school and works at the local Goodwill store stocking shelves.
Josh loves listening to country music because it keeps him calm and happy. He also likes singing and dancing to his favorite songs. Josh owns two guitars; one he strums, but the other is reserved for autographs. So far it has been signed by Marty Stuart, Trisha Yearwood, Garth Brooks, Pam Tillis, and Hank Williams, Jr. Porter Wagoner almost signed the guitar, but he had to go on stage. Although Josh never did get the late singer’s autograph, he still enjoys hearing Porter’s music. On Josh’s list of country stars he still hopes to meet are Trace Adkins, and… well, all other country music stars.

But Josh’s life isn’t just about finding autographs. During Thanksgiving, he helped to serve meals at the Hope Center for women in Nashville, alongside his aunt, uncle, and grandmother. This Christmas, they will again volunteer, this time at the Nashville Rescue for Men. Josh greatly enjoys helping other people. He is very active in his church; not only does he attend service every Sunday and Wednesday, but he’s also in the men’s dance class and is a member of the Lamplighters’ performance troupe. Through his job at Goodwill, he often calls his aunt when something comes in that can be used as a stage prop.

Without hesitation, Josh credits God for his life, which started out with a heart transplant when Josh was only 15 days old. Josh was diagnosed at birth with “Hypoplastic Left Heart Syndrome,” meaning the left side of his heart had not developed. He survived the transplant only to be placed in the dangerous home environment.

Josh believes God has a purpose for his survival and that purpose may well be to advocate for strengthened laws against child abuse and child neglect. Josh has met with Tennessee Representative Sherry Jones about sponsoring tougher penalties for the crimes. He will be testifying before the Legislature in January about making the type of torture he endured defined at least as a Class C felony. In addition, Josh would like to see the statute of limitations for physical abuse extended past the one year time it is now, as well as a better structure in place to terminate parental rights in cases of physical abuse.

Josh is still in the process of healing. He still has nightmares and has struggled to overcome the flashes of negative personality traits. But throughout his recovery, he has survived because of good people who have comforted and supported him. Josh holds his caregiver, Aunt Tammy, close to his heart because of her unwavering support. She takes him to work and shopping, but also manages his nightly dialysis. Josh’s kidney failure could be caused by the heart transplant, but it was accelerated by the starvation. A kidney transplant is expected early in 2008, and a possible donor may have already been located.

Josh’s past is his future. But for the present, Josh hopes his experience will change state laws to better protect children and rightfully prosecute those found guilty of abuse and neglect.

Sincerely,

The Undersigned

The Joshua's Petition Petition to Tennessee Legislature was created by Residents of Tennessee and written by Joshua Osborne (joshpetition@yahoo.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.