Estimated read time: 4-5 minutes
SALT LAKE CITY — For 10 years, Berkley didn't know if justice would be served for her daughter, or if their family even wanted to continue pursuing justice.
But on Thursday, Berkley and her family finally experienced "joy and relief" when a jury took less than two hours to find Benjamin Michael Manning, 32, of Worcester, Massachusetts, guilty of eight counts of aggravated sexual abuse of a child, a first-degree felony.
The verdict came 10 years to the day that court records say the abuse began.
"This has been hanging over our lives since 2014," said Berkley, who described the mood at her home Friday as an "emotional hangover.' Berkley asked that her last name not be used to protect the identity of her daughter.
"We have a renewed sense of trust in the legal system and the justice system," she said. "We were afraid we'd never get to this point."
From Feb. 1, 2014, through April 7, 2014, Manning was a live-in babysitter for Berkley and her daughter and son, who lived in Salt Lake County. Berkley's daughter was 8 at the time.
In April 2014, the daughter told her mother that Manning had inappropriately touched her several times. But when police attempted to interview her, "she did not want to talk about what happened with Manning because it was a 'secret,'" according to charging documents.
Five years later, however, after the family had moved to Colorado, the girl felt comfortable enough to tell law enforcement what had happened, and Manning was charged with eight counts of aggravated sexual abuse of a child.
But not long after the charges were filed in 3rd District Court, the COVID-19 pandemic-related shutdown happened. Court proceedings were crippled, and the justice system became backed up. Numerous cases were severely delayed.
Berkley said this took a toll on her family. She said several times they had arranged time off from work to travel to Utah for court proceedings, only to have their hearing continued.
"We were about to give up, honestly," she said.
While the family's case was repeatedly delayed, Berkley said her daughter was going through therapy. And then the family learned that Manning was not going to accept a plea deal and that Berkley's daughter would likely have to testify in court and face him. She called "the whole court process" almost as terrifying as the crimes.
"The thought of having to face him … we almost lost her twice to a suicide attempt," Berkley said. "That was one of the reasons why we were just so anxious. It was so terrifying."
The anticipation leading up to the trial was what affected her daughter the most. But Berkley says while traditional therapy helped, "the best therapy ended up being jiu-jitsu." She credits her daughter becoming involved in martial arts classes and competitions for an improvement in her demeanor.
During the trial earlier this week, Berkley's daughter took the witness stand. But so did another family from Massachusetts.
Manning had been convicted of committing similar crimes with another family's young child after leaving Utah. He entered into a plea in abeyance in that case. Not only did the parents from that case travel from Massachusetts to Utah to take the witness stand to testify against Manning, but so did the young victim.
On Thursday, when Berkley received a text that the jury had reached a decision after less than two hours of deliberating, she knew it was good news.
She described the courtroom as having a very "cold" feel during the trial. But after the verdict was read, the tears and emotion flowed.
"We felt this immense gratitude and love for the jury," Berkley said.
For other families going through similar situations, she said her advice to them is to be patient with the process, which is the hardest part, and "trust the process."
She also says victims and their families need to also seek support from others and remove the stigma that comes with being a sex abuse victim.
"The community is the key. Don't isolate yourself," she said. "Get others to go through it with you. Stick together and love each other. Don't feel ashamed."
Manning was taken into custody immediately following the verdict. He is scheduled to be sentenced on April 2.
