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Judge dismisses sexual harassment charges against 2 Ore. teens
KGW.com ^ | 8-20-07 | WILLIAM McCALL

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.


TOPICS: Crime/Corruption; Culture/Society; Government; US: Oregon
KEYWORDS: abuseofpower; behavior; boys; discipline; education; jackass; jackassmtv; middleschool; mtv; nifong; nifongism; oregon; overzealous; publicschools; savethemales; sexualharassment; skrewls; trialbymedia; zerotolerance
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To: lady lawyer

” 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.


21 posted on 08/20/2007 11:46:57 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: rednesss
And I am not arguing that they should have been arrested.

They should have been punished by the school and their parents.

The prosecutor is most likely a PC liberal sissy.

22 posted on 08/20/2007 11:47:16 AM PDT by JRochelle (“Never trust a man who makes toys in a land where children are forbidden.”)
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To: rednesss

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!


23 posted on 08/20/2007 11:47:39 AM PDT by Nonstatist
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To: lady lawyer

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.


24 posted on 08/20/2007 11:47:55 AM PDT by A_Tradition_Continues (THE NEXT GENERATION CONSERVATIVE)
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To: JRochelle
I’d kick him as hard as I could. Between his legs.

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.

25 posted on 08/20/2007 11:49:24 AM PDT by colorado tanker (I'm unmoderated - just ask Bill O'Reilly)
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To: bk1000

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.


26 posted on 08/20/2007 11:49:33 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: rednesss

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.


27 posted on 08/20/2007 11:49:41 AM PDT by ozzymandus
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To: JRochelle
Don't bet on it.

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.

28 posted on 08/20/2007 11:50:36 AM PDT by rednesss (Fred Thompson - 2008)
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To: A_Tradition_Continues

“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.


29 posted on 08/20/2007 11:50:50 AM PDT by lady lawyer
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To: rednesss
When I was in High School a boy pinched my breast. I didn't tell, I didn't yell, but I did punch him in the nose. Later that evening my father received and angry phone call from the boys father demanding that we pay for his broken nose. With a very red face I explained to my father just why the boy was punched. Needless to say my father was not so nice to the other father when he found out about the whole thing. The other father actually apologized once he found out exactly what happened.

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.

30 posted on 08/20/2007 11:51:31 AM PDT by armymarinemom (My sons freed Iraqi and Afghan Honor Roll students.)
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To: rednesss

Glad to see some small modicum of common sense coming out here. Should’ve never gone to court in the first place.


31 posted on 08/20/2007 11:51:58 AM PDT by JamesP81 (Keep your friends close; keep your enemies at optimal engagement range)
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To: lady lawyer

Are you Susan Estrich? Or Gloria Allred?


32 posted on 08/20/2007 11:52:37 AM PDT by ozzymandus
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To: rednesss; lady lawyer
Courtesy Comment:

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.

33 posted on 08/20/2007 11:54:56 AM PDT by OKIEDOC (Kalifornia, a red state wannabe. I don't take Ex Lax I just read the New York Times.)
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To: lady lawyer
You’re kidding, right?

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.

34 posted on 08/20/2007 11:55:13 AM PDT by Snardius
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To: ozzymandus

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.


35 posted on 08/20/2007 11:55:41 AM PDT by lady lawyer
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To: JRochelle
The traditional response to such gross boorishness is a hard slap in the face ... but the groin kick isn't out of line either.

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.

36 posted on 08/20/2007 11:56:17 AM PDT by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
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To: rednesss

It’s about time this was stopped. Now the school needs a new principal and the county needs a new DA.


37 posted on 08/20/2007 11:56:36 AM PDT by jazusamo (DefendOurMarines.com)
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To: A_Tradition_Continues

What would you do if women pinched your butt and nipples?

You wouldn’t like it one bit.


38 posted on 08/20/2007 11:58:10 AM PDT by JRochelle (“Never trust a man who makes toys in a land where children are forbidden.”)
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To: bk1000
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.

I agree. Those kids did nothing that a good solid ass-whipping wouldn't fix in less than five minutes, at no cost to the taxpayer.
39 posted on 08/20/2007 11:58:45 AM PDT by JamesP81 (Keep your friends close; keep your enemies at optimal engagement range)
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To: ozzymandus

Steinem????


40 posted on 08/20/2007 11:58:51 AM PDT by rednesss (Fred Thompson - 2008)
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