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Thread: Judge says high school locker room incident was assault, not rape

  1. #1
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    Judge says high school locker room incident was assault, not rape

    What do you think? do you agree with the judge?

    ~~~~~

    A Maury County judge ruled yesterday that two of four Spring Hill High School football players charged with raping another player in a locker room incident were guilty of assault but not of rape.

    Juvenile Court Judge George Lovell said the incident was ''not a sexual offense, as much as it was about power and control and trying to humiliate someone else.''

    Prosecutors had claimed that Kelvin Burns and Tim Moore, both 16, planned to and helped carry out the rape of a 14-year-old teammate. All four players had been charged with rape and conspiracy to commit rape.

    Burns and Moore stood trial on the rape charges Friday after the other two players, Chris Brown and Chris Oliver, both 17, pleaded guilty to reduced charges. Lovell said he needed the weekend to review testimony and make a decision.

    Attorney Jason Whatley, representing Moore, called Lovell's verdict ''very just.'' He said the rape charges were ''inflammatory'' and didn't fit what really happened in the locker room Sept. 9.

    All four players and the victim testified that the victim was grabbed and held on the floor while he kicked and tried to get away. They also said the incident was witnessed by as many as 20 other players. The victim said he was digitally penetrated during the struggle. The other players said there was no penetration and that it was all a joke.

    Moore ''engaged in some horseplay of a bad nature, which did not constitute rape or even attempted rape,'' Whatley said. ''This was no different than typical kids messing around in a high school locker room. Hazing like this has been going on for decades.''

    http://www.tennessean.com/local/arch...nt_ID=64600635

  2. #2
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    Cass,
    After I stop sputtering I may be able to make an intelligent reply to your question.
    I'll be back ...
    golfmom

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    The judge said:

    Juvenile Court Judge George Lovell said the incident was ''not a sexual offense, as much as it was about power and control and trying to humiliate someone else.''


    ISN'T THAT RAPE?????? The guy was "penetrated." Its rape.

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    Quote Originally Posted by golfmom
    Cass,
    After I stop sputtering I may be able to make an intelligent reply to your question. I'll be back ...golfmom
    Okay!

    It's a tough one, but I think I am with Jeana, if someone inserted his finger/penis/object doesn't matter - it's rape.

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    It's rape, but it doesnt surprise me they werent convicted of such. High school athletes are usually "above" being convicted of such things.

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    Quote Originally Posted by Timex
    It's rape, but it doesnt surprise me they werent convicted of such. High school athletes are usually "above" being convicted of such things.

    Its a sad and sickening truth, Timex. Here in Texas its probably worse than the rest of the US. Friday nights in Texas is ALL about football.

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    I'm still sputtering so don't expect this to be a reasonable or intelligent post.

    I wonder if the Judge would still view this as a *simple* assult if this was HIS 14 year old son or grandson. Or what would the result be if it was a girl that was the victim in the case?

    I don't care if the boys weren't looking for sexual gratification. This behavior is completely unacceptable. At the very least it IS a sexual assult.

    The Judge in this case has just condoned their behavior as boys will be boys. I'm suprised he didn't take the next step and blame the victim.

  8. #8
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    Quote Originally Posted by Jeana (DP)
    Its a sad and sickening truth, Timex. Here in Texas its probably worse than the rest of the US. Friday nights in Texas is ALL about football.
    Same here Jeana. The football team rules our school, and the other kids know it all to well. There is no reserved parking in the student lot, but everyone knows you dont dare park in certain places, cuz the football players want those spots. Park in one of those, and its a given, your vehicle will be "keyed" or worse.

  9. #9
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    Can you sue a judge?

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    Cupcake,
    not the judge, but the parents and the school look like a pretty good target

  11. #11
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    Quote Originally Posted by golfmom
    Cupcake,
    not the judge, but the parents and the school look like a pretty good target

    I just think that judge is off his rocker. I've had a judge like that once, regarding custody of my stepdaughter. Our judge was a fool! I wish I could have sued him.

  12. #12
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    Quote Originally Posted by Cupcake
    I just think that judge is off his rocker. I've had a judge like that once, regarding custody of my stepdaughter. Our judge was a fool! I wish I could have sued him.
    After much thought I've decided that in order for the Judge to really get a sense of what the charges need to be, that the boys need to reinact the crime using the Judge as the victim. Since there were 20 witnesses, the witnesses need to be substituted with the boy's family, friends, the prosecutor, and the judge's peers.
    We'll see what he has to say after that ....

  13. #13
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    Quote Originally Posted by golfmom
    After much thought I've decided that in order for the Judge to really get a sense of what the charges need to be, that the boys need to reinact the crime using the Judge as the victim. Since there were 20 witnesses, the witnesses need to be substituted with the boy's family, friends, the prosecutor, and the judge's peers.
    We'll see what he has to say after that ....

    That is a mahvelous idea!

  14. #14
    tennessee is offline Blew out my flipflop. Stepped on a pop top . . .
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    Juvenile Court Judge George Lovell said the incident was ''not a sexual offense, as much as it was about power and control and trying to humiliate someone else.''
    Isn't that one way to define rape??? I am so ashamed of the behavior that caused two articles that have been printed these past few days.

  15. #15
    Moore ''engaged in some horseplay of a bad nature, which did not constitute rape or even attempted rape,'' Whatley said. ''This was no different than typical kids messing around in a high school locker room. Hazing like this has been going on for decades.''

    Yah. It sure has been going on for decades, and judges like this one will keep it going on for decades more to come.

    Pathetic.

  16. #16
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    Quote Originally Posted by Bhodirasta
    Moore ''engaged in some horseplay of a bad nature, which did not constitute rape or even attempted rape,'' Whatley said. ''This was no different than typical kids messing around in a high school locker room. Hazing like this has been going on for decades.''

    Yah. It sure has been going on for decades, and judges like this one will keep it going on for decades more to come.

    Pathetic.
    That quote was from the defense attorney. I think that we need to put him on the re-enactment list too.

  17. #17
    Quote Originally Posted by golfmom
    That quote was from the defense attorney. I think that we need to put him on the re-enactment list too.
    Ain't that the gospel!
    It is so so sad, because it really is true. It HAS been going on for decades.
    I think the pros should turn this crap right around and use it as A REASON this has got to stop!

    ETA-
    Maybe you should take out one of your woods golfmom, and introduce it to the re-enactors... Did I just say that??? Sorry. This crap really gets me.
    Athletic clubs will do anything to make money for their school, and defend actions that could actually cost them money...

  18. #18
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    Quote Originally Posted by Casshew
    Juvenile Court Judge George Lovell said the incident was ''not a sexual offense, as much as it was about power and control and trying to humiliate someone else.''
    Here is the defination for rape from Britannica encyclopedia online

    http://www.britannica.com/ebc/articl...query=rape&ct=


    Unlawful sexual activity, usually sexual intercourse, carried out forcibly or under threat of injury and against the will of the victim.

    Though traditionally limited to attacks on women by men, the definition of rape has been broadened to cover same-sex attacks and attacks against those who, because of mental illness, intoxication, or other reasons, are incapable of valid consent. Statutory rape, or intercourse with a person younger than a certain age (generally from 12 to 18 years), has long been a serious crime in most jurisdictions. Rape is widely considered an expression of anger or aggression and a pathological assertion of power by the rapist. The psychological responses of victims vary but usually include feelings of shame, humiliation, confusion, fear, and rage.Many rape victims fail to report the crime, deterred by the prospect of a distressing cross-examination in court and the difficulty of proving a crime for which there usually are no witnesses. In the late 20th century there was a notable increase in the use of rape as a weapon of war, and in the 1990s the tribunal investigating crimes stemming from genocide in Rwanda ruled that rape and sexual violence constituted a form of genocide. See also assault and battery.

    I have always heard that rape has little to do with sexual gratification and more to do with power and inflicting humilition.
    It sounds to me like what happened to this kid meets Britannica's defination
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

  19. #19
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    Quote Originally Posted by Bhodirasta
    Ain't that the gospel!
    It is so so sad, because it really is true. It HAS been going on for decades.
    I think the pros should turn this crap right around and use it as A REASON this has got to stop!

    ETA-
    Maybe you should take out one of your woods golfmom, and introduce it to the re-enactors... Did I just say that??? Sorry. This crap really gets me.
    Athletic clubs will do anything to make money for their school, and defend actions that could actually cost them money...
    FORE!

  20. #20
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    Here's almost an identical story. It'll be interesting if charges are filed if the judge in this case gets it right!

    http://cbs2chicago.com/topstories/lo...047190636.html

    School Wrestlers Accused Of Assaulting Teammate

    Feb 16, 2005 6:05 pm US/Central
    BURLINGTON, Ill. (CBS 2) Six students have been suspended from Central High School in Burlington and thrown off the wrestling team.

    They are accused of physically and sexually assaulting a teammate.

    The incident allegedly happened before practice last week.

    One of those accused was hoping to wrestle in the state championship this weekend, but a Kane County judge Wednesday said he would not allow it.

    So far no criminal charges have been filed.

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