Posted on 08/20/2007 11:32:16 AM PDT by rednesss
Judge dismisses sexual harassment charges against 2 Ore. teens
08/20/2007
By WILLIAM McCALL / Associated Press
Two 13-year-old boys accused of slapping girls' bottoms and poking or cupping girls' breasts at school apologized on Monday as a judge dismissed charges against the two, ending a six-month case that drew national attention.
The charges triggered a debate over whether such behavior in school should be considered criminal.
Four girls listed as victims by the prosecutors had asked the judge to drop the charges against Cory Mashburn and Ryan Cornelison.
Yamhill County Judge John Collins did so on Monday, saying it was in the "interest of justice."
A number of young girls were in the courtroom during the hearing. They included at least some of the four who asked that the charges be dropped, attorneys said.
During the brief hearing, the two boys faced the girls and apologized.
"I never intended to hurt you in any way," Mashburn said.
Cornelison told the girls: "I hope we can still be friends."
The News-Register newspaper of McMinnville reported that a "civil compromise" reached by prosecutors and the defense called for both boys to apologize, to pay each of the four girls $250 and to complete a "boundaries education" program.
Prosecutors and defense attorneys said they could not comment on the newspaper report or release details of the settlement because they are confidential.
Pressure has been building on prosecutors to drop the charges, with critics saying they had blown the matter out of proportion and were overzealous.
The boys, apparently inspired by the movie "Jackass," were accused in police reports of swatting girls on the bottom in a school corridor, grabbing girls' breasts on at least two occasions, teaming up to "dry hump" girls, poking girls' breasts and engaging in what's known as "party boy" dancing mimicking sexual intercourse.
They were originally charged with felony sex abuse, misdemeanor sex abuse and sexual harassment in February. Amid growing public opposition to sending the boys to prison and putting them on a sex offenders' registry, prosecutors first dropped the felony sex abuse charges and later the misdemeanor sex abuse charges, leaving the sexual harassment counts.
The judge dismissed the final charges following negotiations between prosecutors and the defense, and discussions with the four girls about whether they wanted the case dismissed.
I was treated like this by a boy in high school. I wouldn’t have wanted him arrested but boy if I had it to do over, I’d kick him as hard as I could. Between his legs.
When I was growing up, this sort of behavior was “controlled” by the alpha males (jocks, JROTC and FFA) at school. With the clear understanding that such would not be tolerated.
Actually, touching a female’s breast or buttocks qualifies as sexual assault in most jurisdictions. I think males who do this should go to jail. And, apparently, these guys did it repeatedly.
Just males, huh???? So a 3 year old male who does that should go to jail??? Do you have some boundaries to your draconian views????
Should the same standard apply to females?
Problem solved.
Common sense isn’t a strong point for you I see.
IOW, Liberal Re-Education Camp
Of course not, don’t be silly.
A sillier case, I have never heard.
Yeah. There are boundaries. These boys were old enough to know better, and to know that there were sexual implications to what they were doing. That’s was the law requires.
They weren’t just being “cute.”
Actually, yeah. If a woman grabbed a man’s genitals, that would be sexual assault, as well.
What do you mean?? Or do you just toss around ad hominem attacks??? Or is civil debate not a strong point for you???
You want to send 13-year-old boys who have committed no violent offenses, to jail.
We need less lawyers, especially ones like you -- and more cannon fodder to probe for IED's in Iraq.
Be a patriot!
So by your reasoning, the new age of consent should be 13 because they “know better” at that age????
You said 3 year old. Thats implausible and not even realistic.
No one with a brain would ever arrest a toddler for any such thing.
I think women who believes the slightest infraction between males and females should result in a jail sentence should lighten up.
If a man fondles you and you didn't want him to, slap him in the face or find someone "woman enough" to do it for you.
Let's send all male breast-fed babies to jail, too. They certainly grab at a female's breasts.
That's what is wrong with our legal system today -- no common sense.
” I think males who do this should go to jail. And, apparently, these guys did it repeatedly.”
Oh Come on! These kids were 10 years old! Explain to them why it is wrong, and if they do it again, wear them out. This issue was entirely stupid, and over the top, as are the zero-tolerance liberal idiots in charge of schools these days.
They should have been punished by the school and their parents.
The prosecutor is most likely a PC liberal sissy.
The feminazis are diggin in; True justice is in their sights! Hate thought and trivial infractions like “unwanted attention” could result in hard time! (But remember, this cant be enforced without the help of hypocritical male enablers like John Kerry and Teddy Kennedy) In any event, ultimate justice for the oppressed!
Hold it there Frito!!! Breast are breast...male or female. Buttocks are buttocks...male or female. What makes a female’s breast anymore protected than a male’s. What make a female’s butt more protected than a male butt? BTW...breasts and buttocks are not genitals.
That was normally how these things were handled (or male friends or relatives would take care of the creeps) before we decided to let lawyers and the NEA run the schools.
Apparently, the same “libs” who apply zero tolerance (ie, cover my ass because I don’t want to be held liable for using discretion),
are perfectly OK with things like “jackass” that promote the idea that this kind of behavior is acceptable and funny.
How much money was wasted over this stupid incident? This could have been settled with a trip to the principal’s office and a good talking-to, followed by a few hours of picking up trash on the school grounds.
HAGERSTOWN - A kindergarten student was accused earlier this month of sexually harassing a classmate at Lincolnshire Elementary School, an accusation that will remain on his record until he moves to middle school.
Washington County Public Schools spokeswoman Carol Mowen said the definition of sexual harassment used by the school system is, "unwelcome sexual advances, request for sexual favors and/or other inappropriate verbal, written or physical conduct of a sexual nature directed toward others."
Mowen said that definition comes from the Maryland State Department of Education.
According to a school document provided by the boy's father, the 5-year-old pinched a girl's buttocks on Dec. 8 in a hallway at the school south of Hagerstown.
Charles Vallance, the boy's father, said he was unable to explain to his son what he had done.
"He knows nothing about sex," Vallance said. "There's no way to explain what he's been written up for. He knows it as playing around. He doesn't know it as anything sexual at all."
The incident was described as "sexual harassment" on the school form.
School officials consider a student's age and the specific action when determining what administrative action to take, Mowen said.
Lincolnshire Principal Darlene Teach and Mowen said they were unable to discuss he incident involving the Lincolnshire student.
Teach said any student, regardless of grade level, can be cited for sexual harassment.
"Anytime a student touches another student inappropriately, it could be sexual harassment," Teach said.
School administrators at a Texas school in November suspended a 4-year-old student for inappropriately touching a teacher's aide after the prekindergarten student hugged the woman.
"It's important to understand a child may not realize that what he or she is doing may be considered sexual harassment, but if it fits under the definition, then it is, under the state's guidelines," Mowen said. "If someone has been told this person does not want this type of touching, it doesn't matter if it's at work or at school, that's sexual harassment."
The incident will be included in the boy's file while he remains at Lincolnshire, but Mowen said those files do not follow students when they move on to middle school.
She described the incident as a "learning opportunity."
During the 2005-06 school year, 28 kindergarten students in Maryland were suspended for sex offenses, including sexual assault, sexual harassment and sexual activity, according to state data. Fifteen of those suspensions were for sexual harassment.
During the 2005-06 school year, one Washington County prekindergarten student was suspended from school, and 12 of the county's kindergartners were suspended for various offenses, according to state data.
“What makes a female’s breast anymore protected than a male’s.”
You’re kidding, right? The same thing that makes it illegal in most places for women, only, to go topless.
The boy ended up with a better looking nose and I never had anyone else at school pinch, pat, or slap me on my rear or breast afterward.
Glad to see some small modicum of common sense coming out here. Should’ve never gone to court in the first place.
Are you Susan Estrich? Or Gloria Allred?
The school staff has a responsibility to make sure that these boys and girls do not submit to this kind of horse play.
Lady lawyer has a point but like most air headed lawyers uses little common sense in her fickle judgment.
The principal or superintendent needs to pull the boys, parents or guardians into the office,bust the boys butts and give all of them a stern warning that this kind of crap stops now.
Putting a 13 year old in jail borders on Nifong stupidity in my opinion.
I believe the point he is trying to make is that a woman's body, just because it's a woman's body, is not any less touchable than a man's body if the touchee desires not to be touched.
No. But I’m the mother of four daughters, who I raised to know that no one had a right to touch them against their will, especially in a sexual way. And if some teenage boy had been grabbing repeatedly at any of their breasts while they were in school, I would have called the cops. I can’t believe that you think that they should just have to duke it out.
Oh, yes ... A brother has many responsibilities in life ... one of them is kicking the ass of anybody who maltreats his sister. When she gets married, that responsibility passes on to her husband. Unless he's doing the maltreatment. Then it reverts to the brother. IMO.
It’s about time this was stopped. Now the school needs a new principal and the county needs a new DA.
What would you do if women pinched your butt and nipples?
You wouldn’t like it one bit.
Steinem????
If the result of this boorish offense is to ruin the lives of a couple of adolescents because you believe everything should end up in the courts, then yes, I think you should teach your girls to box.
There is a word for people who accept such a small fee. Why not pay the money to some charity instead?
Exactly. Just this weekend my buddy had to give his 6 year old girl a couple of whacks to the backside because she grabbed her 9 year old male cousins junk. Some around here feel that she should now be doing 10-15 years hard labor and labeled a sex offender for life. Get a grip and stop being so damned litigious.
overzealous prosecutors...
Been a lot of that exposed lately. Somehow I don’t believe there is an upturn in such activity. Just in the attention it receives.
Sometimes I gotta beg for that kind of attention. People have been known to pay large amounts of money for that treatment in Vegas :)
Predictable fall-out from Anita Hill...
These two boys have spent 5 days in juvie hall, suspended by the school for 5 days..... then ordered OUT of school by the judge, to be kept away from friends & under CONSTANT parental supervision, since this FEB. incident. (parents have also had to hire lawyers)
Other articles have given much more info about this case.....such as some of the female *victims recanting original statements & admitting to *butt slapping* boys also......yet NO girls where charged or punished.
I didn’t say they should “duke it out”. I said send the little brats to the principal’s office.
Well at least now we know how you got your name...
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