A rape case against five boys, 15 to 17 years old, has been dropped. The boys were accused of gang raping a 13-year-old girl. The initial complaint to police claimed the young alleged victim was dragged kicking and screaming into the side room of a distance learning lab on the lower level of a high school.
A second girl was also involved, but apparently her story was that the sex was consensual, and it wasn't consistent with the story of the alleged victim.
Moreover, the alleged victim's story didn't match the evidence gathered from the surveillance video from the school. The video did not catch the entire incident, it showed the beginning of the incident did not support her version of how things happened
After physical evidence came back from the state police lab, the alleged victim recanted most of the serious accusations. "Before making the decision not to go forward with the case, we actually wanted a few days to make sure there weren't any outside stressors that would have caused her to recant, but after a certain amount of time and she remained with her position that, most, again, most of the serious accusations, that those did not happen," said Assistant Prosecutor, Matt England.
Because the alleged victim recanted only portions of her statement, the prosecutor’s office will not bring charges against her for submitting a false statement to police, he added.
The incident occurred in November 2010, and while the criminal investigation continued, the students involved did not return to school.
SOURCES:
http://www.wvnstv.com/story.cfm?func=viewstory&storyid=108842
http://www.register-herald.com/local/x1953746759/Fayette-prosecutor-closes-case-of-alleged-rape-at-MHHS
http://wboy.com/story.cfm?func=viewstory&storyid=95557
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14 comments:
I would like to "Always believe the victim" when she says she has been raped, But fostering and enabling false rape accusers to the degree that she will make a rape accusation "because she doesn't want to pay her cab fare", is not helping the situation.
Because the alleged victim recanted only portions of her statement, the prosecutor’s office will not bring charges against her for submitting a false statement to police, he added.
That's utterly bizarre. She gets off scott free because she recanted part of her story? What does she get for recanting all of it, a prize?
Why were that school administrators unable to find out the truth about this case?
Gender feminists have told police to not charge false rape accusers, because it will somehow have a ??chilling effect?? of rape accusers ???coming forward??.
I say, where are the studies that prove this theory??
One very real consequence of American law enforcement Not charging false rape accusers, and using semantics games like "calling a false rape accusation "unfounded" instead of what it was, false" is the the now culture of false rape accusations.
American law enforcement are in effect telling young girls they are above any sort of law enforcement that holds American boys accountable when they lie.
Gender-feminists who have told law enforcement to "not charge", get "Empowerment from the misinformation and hysteria that "rape hysteria" foments. Gender-feminists will not fix this perversion themselves, and neither will law enforcement that gets to pork bloat themselves with federal cash; It might take an act of congress that breaks this "perversion and misinformation Alliance" that is building a prejudice against mostly college age males.
How are we going to return integrity to the rape accusation??? I believe the only way will be to "charge the ones who are lying"?? This is not hard to understand folks, whats wrong with charging girls that are abusing the system for their sometimes the very selfish reasons of getting back at her ex-boyfriend.
It seems a perversion of justice to "not charge".
Dulantha - ”Why were that school administrators unable to find out the truth about this case?”
Because they are neither equipped to do so, nor are they supposed to try to do so. The law requires that any allegation (or even rumor) of any sexual assault or sexual impropriety on any school property be reported immediately to police [Colorado’s Boulder valley School District is about to find out the hard way the financial cost of trying to “keep it under wraps” and do their own internal investigation first].
Like medical professionals, school officials are what are termed “mandatory reporters”, and failure on their part to report any suspected sexual offense can land them in serious trouble themselves (the alleged sexual assault may turn out to have been a pure fabrication, but if they didn’t notify police as soon as they heard about it, they are still going to be in trouble).
And, really, why would we want school administrators trying to investigate such allegations. That would be like have colleges set up their own tribunals for male students who are accused – nothing good can come of it.
Cripes, I thought it was called rape, since there's no such thing as "consent" at age 13.
There is legal underage consent, as long as people unable to legally consent based on age consent to activity with another underage person who is unable to legally consent, who also consents to the activity.
Anonymous - "I thought it was called rape, since there's no such thing as "consent" at age 13."
Yes, there is no consent at 13. But, if nothing happened, it's not technically rape either .. it's "nothing".
"Evidence sent to the State Crime Lab revealed no physical evidence of sexual assault"
Helps to read the articles.
If she alleged that she had suffered a forcible penetrative rape, and claimed that one or more of her attackers had ejaculated [there would be no other reason to send gathered (vaginal swab) evidence to a state crime lab. Ana a SANE nurse would have done the physical exam], but an examination of the evidence revealed no indication of it, then it is much more likely than not that the girl is not telling the truth, and did not have sexual intercourse (willingly or forced).
Thus, her claim that she was raped can be shown to have been fabricated - and that’s likely to have been that “most serious” charge she recanted. She may also have been claiming other sexual contact (groping, etc.) but her lie about having been raped would have killed off her credibility as a witness. If it did happen, then given the other girls admission of consent to such, it would likely to have been seen as more-likely-than-not as well (And a damned good chance it was just that – consented to activity later regretted, with a more horrific account added to try to make her claim of not consenting seem more “believable”)
And, frankly, charges for consensual sexual activities between underage participants are rather rare. If it’s seen as kids having sex, police and prosecutors are going to send it back to the school and to the parents to deal with.
The police and the criminal courts are for dealing with actual crimes. They are not for vindicating a girls regrets.
@anon 37.00. We actually do not know if any sex occurred.
My guess is they did not proceed against the girl as they probably had cause to proceed against some of the boys for something or another. They did a public intetest balance calculation in letting this all drop.
If in fact they had nothing on the boys then this girl should have at least got a formal caution and school disciplinary measures. Her young age of 13 is a factor here. The "..recanted only portions" bit leaves me dumb founded.
randian said...
Because the alleged victim recanted only portions of her statement, the prosecutor’s office will not bring charges against her for submitting a false statement to police, he added.
That's utterly bizarre. She gets off scott free because she recanted part of her story? What does she get for recanting all of it, a prize?
Sep 30, 2011 1:07:00 AM
Yes. She gets the infamous vagina pass.
Anonymous said...
How are we going to return integrity to the rape accusation??? I believe the only way will be to "charge the ones who are lying"?? This is not hard to understand folks, whats wrong with charging girls that are abusing the system for their sometimes the very selfish reasons of getting back at her ex-boyfriend.
It seems a perversion of justice to "not charge".
Sep 30, 2011 10:01:00 AM
Doing such would "revictimize" "the victim".bocossm
ZimbaZumba - ”@anon 37.00. We actually do not know if any sex occurred.”
Actually, I believe that we do know – that no sexual intercourse occurred.
The articles indicate that evidence samples were sent to the state crime lab for DNA analysis, and that the crime lab found “no evidence”.
This is how Ben Roethlisberger ended up being cleared in Georgia of a woman’s evolving narrative, starting with nothing happened, and ending up at “he definitely raped me”. In that case too, it was the complete lack of DNA evidence which informed investigators (the 27-member strong force sent in to “nail” Roethlisberger) that no sex had actually occurred, and thus, the women claims that it had were not true.
ZZ - ” The "..recanted only portions" bit leaves me dumb founded.”
I would suggest that this simply means that informed that the crime lab determined that there had been no sexual intercourse, she admitted that there had been none – on sex, no rape, thus that aspect was the most serious of her claims.
She likely still continued to cling to her claims of them having sexually assaulted her in other ways, but, given her lies and the other girls admission of consent, it’s likely that she wasn’t believed; but, there would be no way to prove that she was lying about that as well.
How would the prosecutor have handled the case, had the "victim" been a male? It is apparent in most of the factual cases presented on this site that male false accusers are held to higher and heavier standars.
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