Thursday, February 25, 2016

Woman had sex with underage boys, falsely accused them of rape, but the DA says the BOYS' conduct was 'reprehensible and wrong'


The news story I am posting below my commentary is among the more disturbing stories we've seen here lately, and that's saying a lot.

An 18-year-old female--a woman--had consensual sex with a group of boys, one of them was 14-years-old and two were 15, and she accused them of rape. The reprehensible New York Daily News called the boys "fiends" and the false accuser a "victim" on the basis of the accusation.

Then the woman recanted her rape claim, and the District Attorney said that he won't charge the boys.

If the story ended there, it would be bad enough. The problem is, the DA also said he won't charge the adult woman--for the rape lie or for statutorily raping boys.

Since the boys did not rape the woman, she's guilty of three counts of statutory rape under New York law. See here. Or does the DA think this law applies only when the rapist is male? The woman should also be charged for false reporting (it is just a misdemeanor in New York, unfortunately).

And then, as if to rub salt in the wound, the DA brazenly declared that what the boys did was "reprehensible and wrong." And after that, the news accounts of the story actually reported the names of THE VICTIMS--the underage boys--but not the false rape accuser, an adult woman.

Can anything else be wrong with this story?

Did I mention that the woman was also having sex with her father at the time of the sexual encounter?

Oh, one more thing: The DA, Kenneth Thompson, is the same attorney who represented Nafissatou Diallo--the maid who accused former IMF chief Dominique Strauss-Kahn of sexually assaulting her. We all know what happened in that case--it was a feminist media circus. The New York Times reported that Thompson declared: “'We take a stand for every woman around the world who has been raped or sexually assaulted and has been too afraid to speak out,' he announced in a grave baritone." Then the charges were dropped because, the former DA (the guy who had the job before Thompson) said, the evidence pointed to a "hurried sexual encounter" between Ms. Diallo and Mr. Strauss-Kahn, but did "not independently establish her claim of a forcible, nonconsensual encounter." (We wrote about that case a lot.) Mr. Thompson cares about women, that's for certain, but what about boys? Does he not also represent them? Or are they held to a different standard?

Reverse the genders here, folks, and is there any question how this would play out? The DA's reaction in blaming the victims was morally grotesque and unconscionable. The woman should be charged, period. The story reminds me of the injustices in the Hofstra false rape case. (By the way, even after the young men were proven to be innocent in the Hofstra case, a New York Daily News columnist said this about the young men: "They should stop their whimpering and apologize for acting like mutts.")

And just to set the record straight, regular readers know I am not condoning the sexual encounter that occurred here. I am merely pointing out that the woman should be charged for her crimes and the boys should be regarded as rape victims and as victims of a false rape claim.

The world has gone topsy-turvy, folks.

Here are the news reports:

Woman recants; prosecutor to drop charges in park rape case

NEW YORK (AP) — A district attorney said Wednesday a young woman who accused five teenage boys of chasing away her father and gang-raping her in a playground has recanted her story and he's dropping criminal charges against them.

The collapse of the case was no surprise after a series of revelations that challenged the woman's initial story that she'd been attacked by a group of boys who drove off her father with a gun to get her alone.

Cellphone video snippets had emerged, showing the woman smiling, with her clothes partially removed, during the Jan. 7 encounter. More disturbingly, the boys told police that when they encountered the woman she was having sex with her father in the Brooklyn park.

"That night, this young woman's father and the five young men engaged in conduct that was reprehensible and wrong," Brooklyn District Attorney Kenneth Thompson said, "but because of the lack of reliable evidence, criminal charges simply cannot be sustained."

The boys had been charged with rape, criminal sex act, sexual abuse and other charges. They have said the encounter was consensual and maintained their innocence.

Prosecutors will ask a judge next week to formally dismiss the charges against [NAMES REDACTED] who range in age from 14 to 17, a spokesman for Thompson said. Authorities have no plans to charge the woman, who's 18.

The woman initially told police her father was driven off by the boys, then returned and was ordered out of the park a second time by a boy who pulled a gun. The father later flagged down a police car for help, but questions arose immediately about how much time elapsed before he summoned assistance.

The father claimed to have gone for help immediately but been turned away from two neighborhood convenience stores, but workers at one shop said the man only asked to use the phone and didn't say anything about an attack.

In a statement, Thompson said the woman provided "multiple inconsistent accounts" of the encounter when she was questioned by detectives. He said the woman didn't want to pursue the criminal case against the boys anymore.

"The complainant has recanted her allegations of forcible sexual assault and the existence of a gun, and she does not wish to pursue criminal charges against any of the defendants," he said.

Lawyers for the boys cited the cellphone video showing the woman smiling, but it remained unclear when during the encounter that video was taken or what happened after the camera was turned off.

_________[name redacted]'s attorney, Kenneth Montgomery, said he thinks the decision made by prosecutors illuminates what they were willing to do: investigate the case.

"I'm thankful they didn't rush to judgment," he said. "My client and his family are elated."

_________[name redacted]'s attorney, Abdula Greene, said they were happy with the district attorney's decision, especially because the allegations were so shocking that they made national headlines.
"Finally, _________[name redacted] can go back to normalcy," she said.

But she took offense with Thompson's characterization that her client did something wrong.

"There wasn't criminal wrongdoing on behalf of _________[name redacted] ... That's why I have to take pause with the statement," she said. "It says that their conduct was wrong and reprehensible, and then you have a recantation that she was forced and you have a recantation that there was a weapon. It says to me there was no wrongdoing."

Here's the New York Post's version:
No charges in Brooklyn ‘gang rape,’ DA says woman had sex with dad

The Brooklyn district attorney has dropped all charges against five teens accused of gang-raping an 18 year old girl — who had just had sex with her own father — in a Brownsville playground in January, citing her inconsistent accounts of the evening and unwillingness to cooperate with authorities.

The allegations against [NAMES REDACTED] were marred by incongruous statements from the start, and further watered down by the discovery later that the young woman and her boozed-up biological father had been having sex in the park before they arrived.

“That night, this young woman’s father and the five young men engaged in conduct that was reprehensible and wrong, but because of the lack of reliable evidence, criminal charges simply cannot be sustained,” DA Ken Thompson said in a statement.

“She also refuses to cooperate with any prosecution against her father, who was engaging in sexual conduct with her,” the DA said. The woman had only recently re-connected with her father through Facebook.

Thompson also noted the complainant had recanted her allegations of forced sexual assault, as well as her initial statements that the boys had been carrying a gun. He added that she no longer wishes to pursue criminal charges against any of the defendants.

An investigation found that she did not have injuries consistent with being raped, but DNA from two of the defendants was found by a rape kit, sources said.

The slew of charges — including rape, sexual abuse and criminal sex acts — will be dismissed with prejudice.

“It is an overwhelming feeling to be facing these charges, and it is an overhwhelming feeling to be exonerated of them,” _________[name redacted]'s defense attorney Ken Montgomery told The Post.

“_________[name redacted] and his family are thrilled and relieved by the news,” _________[name redacted]'s attorney Spencer Leeds added. “He’s going to do his best to try and put this incident behind him.”