Sex charges against family pit law against Amish justice

[Hoss68]

Paul Levy, Star Tribune April 10, 2004

CHASEBURG, WIS. -- When leaders in southwestern Wisconsin's Amish community heard allegations that 25-year-old Johnny E. Byler had sexually assaulted a close female relative, they decided on a punishment that was severe by their standards -- banishment from the church for six weeks.

Their hope was to handle the case in their own way, without the intervention of outsiders.

The Amish community has its "own way of punishing people," said Byler's mother, Sally Kempf, "We've settled this ourselves."

But the Amish are not exempt from the law, said Vernon County District Attorney Tim Gaskell.

"Their take on it is, 'We've dealt with it and now everything is behind us,' " Gaskell said. "It doesn't work that way in Wisconsin. "These are felonies. In two of the cases, the maximum sentences are 100 years," he said.

Eli Byler, Sally Kempf, and William Kempf
Richard Tsong-Taatarii
Star Tribune

"And in each case, they clearly violated the law."

Last month the state charged Johnny Byler and his 24-year-old brother, Eli, with five counts apiece of sexual assault of a child, each of which carries a maximum penalty of 20 years in prison. Their stepfather, William Kempf, 77, has been charged with three counts of sexual assault and one count of battery against the same relative. Their mother, Sally Kempf, 49, is charged with two misdemeanor counts of failing to report the sexual assaults to authorities.

When the Bylers and Kempfs appear before Judge Michael Rosborough at a preliminary hearing scheduled for Tuesday, the clash of contemporary justice with a community that shuns electricity, telephones and automobiles is expected to echo from the courthouse in Viroqua throughout the nearby hill country where about 1,500 Amish reside.

In an interview, Eli Byler said that he first assaulted the relative when he was 12 and she was 8. The woman, who has left the Amish community, alleges that she was assaulted more than 200 times by family members.

The same Amish leaders who have banished his brother have told Eli Byler that he is not allowed to associate with anyone at church until he improves his character. William Kempf has asked them for forgiveness.

"We feel what happened was wrong, very wrong," said a local Amish bishop, Dan Miller, who lives less than a mile down the road from the Kempfs and Bylers. "Our people are taking this very seriously. Johnny Byler did not hesitate to tell us the mistakes he made, but we're going to wait until we think it's the right time to ask the church to forgive him."

Gaskell said he hopes "this is an isolated incident," but cautioned, "this almost seems like tradition."

Vernon County authorities are investigating allegations that Amish men may have sexually assaulted non-Amish women in the area, said Gaskell and Linda Nederlo, director of the county's Department of Human Services.

In southeastern Minnesota, which is home to an Amish community near the town of Harmony, there have been only two reported cases of sexual assault involving the Amish over the past two decades, said Daryl Jensen, chief deputy sheriff of Fillmore County.

"We've have very little trouble with the Amish," Jensen said. "The church has a lot of control of what happens."

In Wisconsin, Bishop Miller wonders why his church cannot have control in dealing with the Bylers and Kempfs. Miller said the woman, now 20, wrote to him a month ago and said she had been sexually assaulted.

"We didn't know what to do," Miller said, because she did not name her assailants.

'Disobedient girl'

According to court documents, the woman told authorities that she had been sexually assaulted between the ages of 7 and 17 by her relatives when they lived in Pennsylvania, Harmony, Wis., and at the Kempfs' current farm in Chaseburg.

For the victim, "being sexually assaulted was simply a way of life," a court document said.

In addition to charges that he repeatedly fondled the relative, documents allege that William Kempf grabbed her by the collar in April 2003, beating her with his fists and choking her until she lost consciousness.

Kempf had to be dragged away to stop the beating, witnesses told authorities.

Interviewed by authorities, Kempf admitted he had been violent, but said that he had asked for forgiveness and believed that matters had been settled.

"The truth is that she has been a very disobedient girl for so long ... ," William Kempf told the Star Tribune. "If it happened many times, it's not rape any more. She's probably asking for it."

Talking to a Star Tribune reporter, Sally Kempf at first denied any knowledge of the assaults. But when Eli was asked how the repeated sexual assaults became habit, his mother interrupted, "Eli wasn't the first one."

The Byler family was living in Pennsylvania when Sally Kempf's first husband was killed in a car accident about 15 years ago, William Kempf said. After that, Eli, Johnny, their brothers and Amish cousins often hung out together.

"Like a street gang," Sally Kempf said.

"My cousins talked me into doing it," Eli Byler said of the first time he sexually assaulted the relative.

"I moved into a community where this [sexual assault] was going on," Sally Kempf said of her home in west-central Pennsylvania. "That's the reason I moved, to get away from the stuff."

But when the Byler family moved to Wisconsin in 1996, the sexual assaults continued, according to court documents. In Wisconsin, there is no such thing as consensual sex when a participant is younger than 16, Gaskell said.

William and Sally Kempf, married seven years ago, are also parents to a 6-year-old girl, now living by court order with the family of a local Amish farmer.

"The social worker told me to tell her that it's not us that's doing it, that made her leave the house. It's other people," Sally Kempf said.

"You want the stark truth? It's the outsiders that started all this," she told a reporter. "[The alleged victim], we just don't approve of the way she lives. She's just like you. She wears jeans."

The Kempfs are not oblivious to modern ways. For reasons they declined to explain, two TV antennas from a previous homeowner remain on their roof. Still, District Attorney Gaskell realizes that he is dealing with a culture that is more comfortable speaking Pennsylvania Deutsche than legalese.

"This is awful for all of us involved, including the judge," Gaskell said from his office in Viroqua. "We see their horse and buggies and want to stay at arm's length. But this time we can't."

Enough punishment?

The recent charges and alleged confessions by Johnny and Eli Byler have been a hot topic "in most of the gossip circles," Gaskell said. But he said the Kempfs and Bylers are not getting "a lot of sympathy" from the Amish interviewed by authorities.

"If we can help just one Amish youth from not having to go through the pain and suffering this victim went through, from age 7 to 17, then it's a victory," Gaskell said of the pending trial.

Bishop Miller questions the necessity for a trial.

"When we think it's the right time, we will ask the church to forgive him," Miller said of Johnny Byler, who is married. "He promises he will lead a better life. Isn't that enough -- to lead a life that can be accepted by members of the church?

"We're not done with it yet, but this is hard on Johnny and his wife. Johnny milks cows. He has a shop where he repairs harnesses. He's staying busy, doing good things."

Miller said he's also sure that Eli Byler is "sorry for what he did," although the bishop said he would "never ask" what drove the family to allegedly commit such horrific crimes.

"We leave that up to the Lord," Miller said.

Eli Byler still works the family farm, still comes to church, but says he is in temporary exile.

"It's been very hard for me," Eli Byler said. "I don't sleep well at night.

"I can still go to church, but I'm not allowed to talk to anybody while I'm there," he said. "For the Amish, that's a very difficult punishment. You just don't know what it's like."

[Woodmonkey]

Originally Posted by Hoss68

...banishment from the church for six weeks.

That's severe? That's justice?

Their mother, Sally Kempf, 49, is charged with two misdemeanor counts of failing to report the sexual assaults to authorities.

I hope they nail her. She knew about it and did not protect that little girl. She's as bad as the rapists, IMO.

Johnny Byler did not hesitate to tell us the mistakes he made, but we're going to wait until we think it's the right time to ask the church to forgive him."

Don't you just love it when clear crimes are sluffed off as mistakes? As for the church forgiving him (or them), they weren't the ones who were wronged. There is a clear victim here....and that is the only person who has the power to forgive.

"The truth is that she has been a very disobedient girl for so long ... ," William Kempf told the Star Tribune. "If it happened many times, it's not rape any more. She's probably asking for it."

She's been disobedient?

So....let me get this straight. If a child is raped more than, say, 30-40 times, it doesn't count because then she's asking for it.

Talking to a Star Tribune reporter, Sally Kempf at first denied any knowledge of the assaults. But when Eli was asked how the repeated sexual assaults became habit, his mother interrupted, "Eli wasn't the first one."

She did know about it and they need to nail her with everything they can. This woman is pure evil.

"My cousins talked me into doing it," Eli Byler said of the first time he sexually assaulted the relative.

Another one who makes a free choice to do something and then tries to rationalize it away by saying he was talked into it. People like these drive me up a wall.

"You want the stark truth? It's the outsiders that started all this," she told a reporter. "[The alleged victim], we just don't approve of the way she lives. She's just like you. She wears jeans."

It's outsiders who started it huh? What do outsiders have to do with anything...it was insiders who were involved.

What a bunch of hypocrites. They don't approve of her and the way she lives. Hmmmm, but raping her as a child continually is ok???

"When we think it's the right time, we will ask the church to forgive him," Miller said of Johnny Byler, who is married. "He promises he will lead a better life. Isn't that enough -- to lead a life that can be accepted by members of the church?

Again, they aren't the victims and they don't have the power to forgive what was done to someone else. His promises shouldn't count for anything.

"We're not done with it yet, but this is hard on Johnny and his wife. Johnny milks cows. He has a shop where he repairs harnesses. He's staying busy, doing good things."

It's not nearly as hard on them as it was on that poor little girl. Of course he's busy doing good things...people are watching.

Miller said he's also sure that Eli Byler is "sorry for what he did," although the bishop said he would "never ask" what drove the family to allegedly commit such horrific crimes.

"I can still go to church, but I'm not allowed to talk to anybody while I'm there," he said. "For the Amish, that's a very difficult punishment. You just don't know what it's like."

You know...I don't care what it's like. These people need jail time and then they'll know what difficult is. Prisoners don't like child molesters.

[JohnRN]

If a child is raped more than, say, 30-40 times, it doesn't count because then she's asking for it

That struck me as odd too. It's like saying that the woman was raped because she dressed provocatively.

[Hoss68]

Originally Posted by Woodmonkey

These people need jail time and then they'll know what difficult is. Prisoners don't like child molesters.

They segregate them from the gp in Minnesota... Bummer too, my brother told me what they used to do to the sex offenders.

[JohnRN]

Originally Posted by Hoss68

Bummer too, my brother told me what they used to do to the sex offenders.

Especially child molesters... It's universal. Happens in jails back home too.

[Hoss68]

Originally Posted by John.

Especially child molesters... It's universal. Happens in jails back home too.

Isn't that called poetic justice?

[Woodmonkey]

Originally Posted by Hoss68

They segregate them from the gp in Minnesota... Bummer too, my brother told me what they used to do to the sex offenders.

There we go again, protecting perverts from the consequences of their actions. Too many times, the victims aren't protected.