After ‘repeated failures by the systems,’ Whatcom man jailed for abusing children
In what officials with the Washington State Department of Corrections called a repeated failure of the system, a Ferndale man who sexually abused five children over a four-year period will spend a little more than two years in prison.
Mark Courtenay Fraley, 46, was sentenced June 1 in Whatcom County Superior Court to 28 months in prison, with three years probation. Fraley pleaded guilty in mid-February to two counts of third-degree child molestation and one count of third-degree assault of a child.
Fraley was previously charged with three counts of second-degree incest, two counts of first-degree incest, two counts of first-degree rape of a child, two counts of first-degree child molestation and one count of second-degree child molestation.
His charges were amended as part of a plea deal agreed to by both the prosecution and defense.
Fraley’s standard sentencing range was 22 to 29 months for his convictions, and the state corrections department recommended confinement of 24 months, court records show.
Whatcom County Senior Deputy Prosecuting Attorney Jesse Corkern, who handled Fraley’s case, said in a telephone interview that the sentencing allows the victims closure without revictimization during trial preparation. His office worked with all the victims and their guardians to provide input on the agreement, he said.
As part of his sentencing, Fraley will have to register as a sex offender and a sexual assault protection order was put in place between Fraley and the five children until June 1, 2029, the court records show.
The Whatcom County Sheriff’s Office had been investigating Fraley for claims of child sex abuse since December 2012. The abuse of the five children ranged from February 2011 to September 2015, according to court records.
The children, both male and female, ranged in age from 4 to 12 years old during the time of the abuse, court records state.
In a pre-sentence investigation report dated May 18, officials with the state corrections department described repeated failures by the systems designed to intervene and protect children and expressed “serious concerns for future victims Fraley has yet to target,” according to court records.
A pre-sentence investigation — which details the official version of the crimes, summarizes victim impact statements and concerns, includes the defendant’s criminal history, the defendant’s statement on the crimes, a risk assessment, the defendant’s personal history, and community concerns — is done when ordered by the courts and is conducted by the state corrections department.
Repeated failures
In Fraley’s pre-sentencing report, corrections officials wrote that more than 30 reports involving the five children were made to Child Protective Services.
The reports — which were made over a six-year period from 2012 through 2017 — included allegations of neglect, physical abuse, hygiene, domestic violence, substance abuse and sexual abuse, the court records show.
“The system has repeatedly failed these children,” the pre-sentencing report states. “Now, the judicial system has failed these children by reducing the charged crimes, most from violent offense Class A felonies with a statutory maximum sentence up to Life, to Class C felonies with a statutory maximum of 5 years. The behavior of Fraley concerning this case is not reflected in the plea agreement.”
Each time voluntary services were engaged after a CPS report was made, minimal to no progress was made and the children either remained in or were returned to Fraley’s care, the court records state.
One of the children originally reported Fraley’s abuse in 2012. When he told CPS officials, they allegedly told him “it was a game,” the pre-sentence report states.
The children were all 12 years old or younger at the time of the initial disclosure of Fraley’s abuse, records show.
“The amount of physical and emotional pain the children in this case continue to suffer is incomprehensible,” the state corrections officials wrote. As the victims stated in an interview with the officials, “their pain and suffering has been severe and lasted longer than the two years Fraley will be sentenced to. They continue to live in fear and their trust of others has been shattered.”
Scars remain
Two out of three victims who were interviewed for the pre-sentence investigation, and who are all now over the age of 18, said they did not agree with the recommended sentence in Fraley’s plea agreement.
One of them told state corrections officials that he “has been fighting for so long, no one wanted to listen to him or believe him, and Fraley will serve two years, which will fly by,” the court records state.
Another victim told corrections officials that she won’t walk outside by herself, while another said she has started to fail school and feels unsafe.
The victims’ caregiver told corrections officials she has seen them taking positive steps forward and that they’re healing, but that scars will remain, records state.
When making their conclusions, the state corrections officials wrote that the charges contained in Fraley’s plea agreement did not reflect the scope of abuse Fraley inflicted upon the children, court records show.
“A conviction of Class C felonies in the face of this suffering and Fraley’s behavior is preposterous,” the state corrections department officials wrote.
Resources
If you or someone you know is experiencing domestic violence or sexual assault, you can contact the following local resources for free, confidential support:
▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.
▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org.
▪ Lummi Victims of Crime: 360-312-2015.
▪ Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/
▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.
▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.
This story was originally published June 13, 2022 at 11:48 AM.
