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FORMER TEACHER GUILTY PLEA IN FAILURE TO REPORT SEXUAL ABUSE CASE

Written By The Mountain Eagle on 1/29/24 | 1/29/24


DELHI — Benjamin Moyse, 46, of Delhi, New York appeared in the Delaware County Court on January 22, 2024, and pleaded guilty to two counts of Official Misconduct by a Public Servant, a Class A Misdemeanor in violation of Section 195.00 of the Penal Law of the State of New York. Judge Gary A. Rosa presided over the proceeding.

On January 26, 2023, the Delaware County Grand Jury returned an eleven (11) count indictment against Benjamin Moyse. The indictment alleged that the defendant intentionally aided a person under 16 years of age, to commit the felony crimes of possessing and disseminating child pornography. Also contained in the indictment were allegations that Mr. Moyse failed to follow Delaware Academy’s policy and procedures when students and parents repeatedly reported to him that students were being sexually abused. 

On January 22, 2024, the Defendant entered guilty pleas to two counts of Official Misconduct by a Public Servant. As part of his guilty plea, Mr. Moyse was required to describe in his own words his violation of the law. In open court, Mr. Moyse admitted to failing to report sexual abuse allegations against two of his students as required by his position as a public-school teacher employed in New York State. The students, who are not being named, later reported the abuse to their parents who were able to alert authorities.

Judge Gary A. Rosa accepted Mr. Moyse’s plea. Before passing sentence, Mr. Moyse was allowed to make a statement. Mr. Moyse stated that he had been singled out and lamented that the students were not being punished for “their actions”. Mr. Moyse also made claims that other adults knew of the abuse and did nothing. As of this writing, law enforcement has found no evidence to substantiate Mr. Moyse’s claims. 

Judge Rosa then sentenced Mr. Moyse to a conditional discharge of one year for each count. Separate proceedings by the New York State Department of Education, Office of School Personnel Review and Accountability are pending. The District Attorney’s Office was notified that the two convictions will result in the defendant’s teaching license being revoked in New York State.

District Attorney Shawn Smith commended Detective Justin Mohr and Officer Tiffany Crozier of the Delhi Police Department for their investigation into this case. DA Smith also thanked the services of Safe Against Violence, specifically victim advocates Eric Northrup and Cassandra Spatafora, for their help in advocating for the victims in this matter.  Smith also thanked the officials of Delaware Academy for their cooperation during this investigation.   

Mr. Smith also thanked the victims themselves. 

“I want to thank the victims who bravely came forward not just to report serious allegations of sexual abuse but also the complete failure of a public servant to protect them from this sort of behavior. Mr. Moyse’s failure to report sexual abuse by one of his students is deplorable. His repeated failure to report such abuse against multiple students is reprehensible. Standing up to a sexual abuser is never easy, but for these victims to also stand up to a schoolteacher, abusing his position, takes even greater courage and should be commended.” 

First Assistant District Attorney Schuyler Konior Kinneman prosecuted the case. 

If you or someone you know is a victim of sexual abuse, know that help is available. The National Sexual Assault Hotline is available 24 hours a day at 1-800-656-4673.



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