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Justice Dept. sides with 14-year-old girl raped while serving as 'bait' in middle school sting
al.com ^ | 09/17/2014 | Challen Stephens

Posted on 09/19/2014 7:58:02 AM PDT by Responsibility2nd

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To: Cboldt

The DA didn’t bring up a rape charge, they don’t bring up cases they know they won’t win even though he DID commit rape.


41 posted on 09/19/2014 8:33:01 AM PDT by a fool in paradise (Hey Obama: If Islamic State is not Islamic, then why did you give Osama Bin Laden a muslim funeral?)
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To: jonno

The school tried adopting a wide stance of “plausible deniability”.


42 posted on 09/19/2014 8:34:13 AM PDT by a fool in paradise (Hey Obama: If Islamic State is not Islamic, then why did you give Osama Bin Laden a muslim funeral?)
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To: jonno
It's not just liberals. No government authority figure, and that includes school administrators, wants to be responsible to deliver on their promises.

The legal issue in this case is, I think, whether or not the school administration has a legal duty that would have prevented this incident, or did the girl "assume the risk?"

If the sting plan involved a teacher being present, and no teacher is present, the school might argue that she put herself at risk by entering the boys room.

I'm not defending the school, by the way. My point is that it is naive to trust an authority figure. They have no duty, and they tend to be liars.

43 posted on 09/19/2014 8:35:30 AM PDT by Cboldt
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To: Responsibility2nd

ANd why exactly weren’t the teachers and administrators Prosecuted for Conspiracy to Commit Rape??


44 posted on 09/19/2014 8:36:22 AM PDT by eyeamok
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To: Cboldt
The legal issue in this case is, I think, whether or not the school administration has a legal duty that would have prevented this incident, or did the girl "assume the risk?"

A 14yo special needs kid legally cannot "assume the risk" of getting raped.
45 posted on 09/19/2014 8:38:56 AM PDT by caligatrux (...some animals are more equal than others.)
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To: Responsibility2nd

Let me guess: the perp was one of those students that the federal governments insists must NEVER be expelled from school for any offense, no matter how egregious, because it would be discriminatory.


46 posted on 09/19/2014 8:39:52 AM PDT by madprof98
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To: Responsibility2nd

The girl was raped because the expected prevention of said sex act did not occur.

However, she said YES (no means no but yes doesn’t mean yes?). She event communicated to school officials what was happening (which meant that she was uncomfortable and “in her right mind”). They encouraged her to follow through (and they would handle things on their end).

It is difficult to convict someone for a “consensual act” even if the no comes in the middle of the action. This is not a defense of rape. It is a matter of law and the nature of language. Words mean things.

Prosecute the educrats for their roll. What is the criminal charge you would suggest? Delinquency of a minor? Corrupting a minor? Rape? Criminal conspiracy?


47 posted on 09/19/2014 8:40:03 AM PDT by a fool in paradise (Hey Obama: If Islamic State is not Islamic, then why did you give Osama Bin Laden a muslim funeral?)
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To: a fool in paradise

Deflecting the question by bringing up another (unrelated) question.

How trollish. I repeat my allegation even more directly.

You do not believe a rape occured and you agree with and side with the school here.


48 posted on 09/19/2014 8:40:10 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: a fool in paradise; Responsibility2nd
I am not saying that she willingly engaged in sex, but if the set up was her being affirmative...

I've read all your replies. And it seems to me that you're either misunderstanding - or misrepresenting - the girls affirmation.

She do not agree - or affirm - to have sex with the boy. She agreed to act as bait.

The boys side could argue that once she was in the bathroom, she "went along", but what does that mean?

It is most likely she had only the barest scrap of understanding of what sex is (e.g. "is pulling down my pants still part of 'acting as bait'?"), and as such, given her mental state she could not give consent.

If I ask someone if I can give them a lobotomy, have they really given their consent if they think I'm really talking about giving them a kind of lolli-pop?

49 posted on 09/19/2014 8:47:34 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: Responsibility2nd

The school officials involved in this deserve to be charged with pimping. Throw the book at these idiots, fine them, and jail them.


50 posted on 09/19/2014 8:48:51 AM PDT by afraidfortherepublic
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To: a fool in paradise

She isn’t old enough to consent for one thing, anyone having sex with her is raping her even if she begged for it


51 posted on 09/19/2014 8:51:43 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: caligatrux
-- A 14yo special needs kid legally cannot "assume the risk" of getting raped. --

That's just stating your preferred conclusion. Bear in mind that the argument doesn't go against (for) the rapist, criminal acts remain criminal acts. The legal point is civil liability to the school. If the girl knew the risk (getting raped), and went in anyway, the school will argue that she voluntarily assumed a known risk. Her age isn't relevant. The legal question is did she know what risk she was assuming. I think the answer to that is "yes," because she didn't want to do it, at first. She was given assurance by administrators. Nobody forced here into the boys room. She went in because (she made a mistake) she trusted the administrators.

If somebody, even a government official, tells you to do something you know is at least wrong, if not illegal (in this case, "go in the boys room"), don't do it!

52 posted on 09/19/2014 8:52:09 AM PDT by Cboldt
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To: Responsibility2nd
For the record, there is absolutely no indication that the boy was ever prosecuted for rape. While some of the pleadings indicate that the police were called and a rape investigation was held, I found nothing that indicates the boy was ever charged with or convicted of any crime.

In fact, it appears that the boy kept up his "sexual misconduct" even after the rape:

Boy accused in Sparkman Middle School rape 'bait' incident continued sexual misconduct at school after assault

53 posted on 09/19/2014 8:53:15 AM PDT by caligatrux (...some animals are more equal than others.)
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To: markoman

ISS means they are in a separate room all day away from the general pop except for lunch.


54 posted on 09/19/2014 8:54:17 AM PDT by RushIsMyTeddyBear
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To: Responsibility2nd

>> SUMMARY...

That’s completely #’d up.


55 posted on 09/19/2014 8:54:38 AM PDT by Gene Eric (Don't be a statist!)
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To: Responsibility2nd; Morgana
"Simpson and (the girl) then went to Vice-Principal (Jeanne) Dunaway's office, where Simpson told Dunaway about her plan to use (the girl) as bait to catch (the boy). Dunaway did not respond with any advice or directive," reads today's brief.

Are there any parents? Are all these kids orphans?

56 posted on 09/19/2014 8:55:13 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: caligatrux

Mark my words, if this kid is not “stopped”, we have another Ted Bundy in the making...


57 posted on 09/19/2014 9:01:15 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: Responsibility2nd

I am more angry with the school officials than the perp. The school officials were little more than procurers for the rapist. They should never be employed by a school system again.


58 posted on 09/19/2014 9:05:37 AM PDT by Sans-Culotte (Psalm 14:1 ~ The fool says in his heart, “There is no God.”)
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To: jonno
-- we have another Ted Bundy in the making... --

The part where he was killed by the general population?

59 posted on 09/19/2014 9:06:25 AM PDT by Cboldt
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To: jonno
She agreed to act as bait.

The perp didn't know that she only agreed to be "bait". Yes is no?

The school administration and teaching assistant were criminally negligent and I don't see anyone on here calling for criminal prosecution of them. Firing. Fining. They deserve jail time for their action. It was criminally negligent. If she could not consent to sex then she could not consent to be rape bait either.

60 posted on 09/19/2014 9:09:46 AM PDT by a fool in paradise (Hey Obama: If Islamic State is not Islamic, then why did you give Osama Bin Laden a muslim funeral?)
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