Teen girl passed out, raped, friends just took pictures with cells?

Question

instead of stopping the attack, according to the news.

(Teen rapist says she gave consent sometime before she passed out so there was no rape, btw).

Then a father called the station to say his daughter was gang raped just last week, also with witnesses (besides the other participants) who did nothing to stop it.

The police only want to charge the witnesses with pornography. Radio host wants them all charged with being accessories to first degree rape.


Opinions?

Interesting. Only the 15 year old doesn't see this as "confusing" and isn't trying to justify it!

OK, "former friends", acquaintances, then. And FYI, how does she give continuing "consent" when she's unconscious?

Answer 1

they are all guilty of rape!!! if you arnt part of the solution your part of the problem (im only 15)

Answer 2

Not confusing to me an I am 3 times 15 and then some :)

Sounds like a typical date rape scenario, hardly even news except locally, it is so common.

Not saying that it is a good thing, only that it is common.

E.g there was an almost identical situation involving the DeAnza College baseball team about 2 years ago.

Before that, maybe about 10 years ago, the entire St. Paul's School High School lacrosse team in Baltimore, ranked # 1 in the nation, had its entire season scratched when there was something similar involving drunk girls, parties, and pictures.

And there was a HS incident maybe 20 years ago in NJ (can't recall the name of the town, maybe Glen Rock or something like that) where the girl was borderline retarded or worse IIRC.

My point is that because this is common news if you are old enough and paying attention, and the justice system is well set up to handle it.

Radio show hosts will bloviate all they want, but the facts are probably pretty straightforward with limited dispute, and not dissimilar from anything in ample case law, so it will go as smoothly as it usually does.

As for the witnesses, they will only be charged with something that will actually have a chance of sticking should it go to trial, and if they truly only took pictures, then a deal will be cut in order to procure their testimony against the guys in front of the camera. If they are overcharged, their attorneys will take it to trial, they will win, and they will not feel any compulsion to testify against their friends once found not guilty.

Answer 3

A couple things.
1. Consent. A rape is penile vaginal intercourse WITHOUT consent. Here's the thing. An unconcious person is NOT a consenting person. Whether she consented before it happened does not matter. Consent CANNOT be implied when the person is unconcious.

2. They weren't necessarily accessories and they definitely didn't committ rape. But taking pictures with a cell phone while allowing their friend to rape her. I would say possibly sexual assault.

Honestly I'm not a judge, I'm not a Jury, I'm not an attorney, I'm not a DA I would need to know all the facts. A radio host DOES NOT have standing to demand ANY charge against those boys. He is a radio host, nothing more. I am sick and tired of vigilante justice. Have we already forgotten about Duke Lacrosse? Everyone IMMEDIATELY found those lacrosse players guilty without evidence, without proof, just testimony from 1 women without corroborating evidence.

The day we let people decide someone's guilt without proof is the day this country goes to chaos.

Answer 4

I agree with the radio talk host 100 per cent.
Those weren't friends, first by being there and not stopping the attack, then taking pictures knowing per the news that the teen had passed out. Doesn't really matter if it was consent or not, what are these sick kids up to.
Doesn't the law read in the cases of drugs and drinking, even if you aren't involved, you are there and will be charged..

Answer 5

There is no legal obligation on someone who witnesses a crime to either ty to stop it, or to report it.

(Remember Daved Cash who saw his friend molesting a 7 year old girl? Even when his friend killed her, there was nothing Cash could be charged with)

If the girl was under 18 then the cell phone pics are probably child porn, and possesion of them would be a crime that could be prosecuted.

If she was over her States age of consent, and the consent was given while she was still competent to do so, then it's not rape. If she so much as muttered "no, stop" at some point, though, anything that happened after that point is rape. Likewise, if she was already drunk when she gave consent, then it's rape.

Richard

Answer 6

This is where the police's hands are legally tied. The girl says she was raped, the assailants say she gave consent- that's no surprise there. What gets me is the onlookers; why use cell phones to take pictures instead of calling police? To me that's just as bad as leaving the scene of an accident! ! And the police can only charge the onlookers taking pictures with pornagraphy.

Answer 7

well i would say that you should be fair and investigate if the guy did actually get consent, charge the kids with pornography, the trouble from their parents and the funny looks from everyone at school and the record of that crime will be punishment enough down the line, it does however sound like the guy committed some degree of rape, he will most likely be charge with statutory rape and the sentence will also vary based on if the girl got pregnant or got an STD

Answer 8

first of all if they allowed it to happen regardless they should be charged as an accessory because that makes them just as sick as the criminal himself. I am currently going to school for criminal justice so i deal with debates like this all the time. That is wrong not only morally but logically. especially if she was a minor. then that turns into unlawful sex with a minor even if it wasn't rape and they watched it happen so yes they should go down for it as well.

Answer 9

I want the witnesses so I can personally Kick the sh*t out of them. Who does that?? Oh, and it's obviously okay to have sex with a passed out female. I'd cut his ballz off and stuff them down his throat. Yes, charge EVERY ONE OF THEM and put them all under the jail.

Too bad they don't have firing squads in the USA anymore, these characters are certainly great candidates for just that.

Answer 10

Friends??? No. With friends like that, who needs enemies??

I don't think she could give consent for her photo to be taken, especially if she was passed out.
He is a rapist. His friends are perverts.

Answer 11

All should be charged. It really makes me sick to think that anyone would watch and take photos. If my son watched or took photos of such a thing, I would drag him to the police department myself and request charges be filed. I can only hope that the fact that they did nothing will haunt them for the rest of their lives.