Legal

How To Turn Teenaged Grab Ass Into Sexual Assault

MayorBob.

Posted to Legal on Wed Jul 25, 2007 at 09:46:49 AM EST (promoted by port1080). RSS.

Teenagers are different from the rest of us.  They don't necessarily see things the way adults do.  But, seeing things differently from adults can have all sorts of consequences.  Two 13-year-olds from McMinnville, Oregon may find the consequences are huge.  They thought they were engaging in a standard form of saying hello to other teenagers in school.  Other people might feel what they did was nothing more than harmless horseplay.  Adult authority has a different opinion of what they did.  Because adult authority tends to rule the day, Cory Mashburn and Ryan Cornelison could end up spending several years in juvenile detention and be listed on a sexual offender registry for the rest of their lives.

What Mashburn and Cornelison did at Patton Middle School back in February was run down the hallways of the school swatting female students on the behind as they passed.  The two were collared and sent to the principal's office.  One thing led to another and before the day was out both were carted away by police and charged with felony sexual assault and sexual harassment.  The charges were reduced to misdemeanor sexual assault, but even these carry hefty price tags.  Both could still end up spending as many as three years in a juvenile facility and they would most certainly be registered as sex offenders for the remainder of their lives.  According to Bradley Berry, the local district attorney, he will aggressively pursue the case because "these cases are devastating to children ... they are life-altering cases."  According to one of the parents of one of the girls who were slapped by the pair "my daughter was offended, it is a crime ... it's not OK."

But how much of a crime is an open question in the community.  The activities engaged in on what has been called "slap butt day" at Patton are based on "party boy dancing" as seen in the movie Jackass.  Reading the heavily redacted police report (pdf doc) you get testimony from some of those who were allegedly assaulted that it was "no big thing" and "like a handshake."  One of the victims said that she had even returned the favor to the pair on previous occasions.  The parents of the two say they believe this has gone far beyond where it should have.  Cornelison's father estimates they've spent close to (US)$10,000 hiring a lawyer for his son and Mashburn's father says "we'd all be in jail if everyone got arrested for this kind of stuff."

How exactly did this case end up in the criminal justice system and not just get handled by the school?  The school isn't talking beyond saying the two had been disciplined through the setting of "a five day suspension."  The police officer said he was just following standard procedure in investigating a complaint of sexual assault.  And the district attorney, well, you've already read what the DA thinks about the case.  The local community generally believes that this prosecution is unwarranted by the facts of the case but there is a sentiment that the two kids did commit a crime and should be punished.  Outside observers believe the DA went overboard on this case.  One sociologist says it's simply a case of the authorities going to "the extreme."  Julie McFarlane, an attorney with the Juvenile Rights Project in Portland, called it a case of "criminalizing fairly typical behavior."  McFarlane went on to remark upon the consequences for Mashburn and Cornelison if they are convicted of even one of the charges:

"It's basically the end of their lives. Everywhere they go and everything they do, they will have to disclose this. And these kids who do these minor offenses have to follow the same sex-offender registration requirements as someone who brutally raped someone."

Tags: edited by Port1080, written by MayorBob, kids, teenagers, sexual assault, zero tolerance policies (all tags)

This story: 18 comments (2 from subqueue)
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1

Is is just ass grabbing?

Acefantastik.

Wed Jul 25, 2007 at 11:49:20 AM EST

5.00 (astute)

As I mentioned in the queue,  I have a few quibbles about the way this story is portrayed both in the national media and in this writeup.

1-- Use of the word "redacted".  I'm fairly certain that in most criminal complaints, especially sexual assault complaints, and complaints involving minors, that the names of the alleged victims are not released to the media or the general public.  The "redacted" information in this police report appears to be mostly names and other identifying information about the alleged victims.

2--  The focus on ass slapping and the omission of the complaints about breast fondling. Excerpts follow:

page 10: Ryan grabbed [_] and [_] breast.

page 10: She never touched any of them. Ryan Cornelius grabbed [
_] breast.

page 10: Cory Mashburn has also touched her breast.

later pages contain witness statements which detail past incidents of non-sanctioned boob-grabbing by these young men, including young women asking them to stop, to no avail.

I'm not arguing that these two kids should be locked up and branded for life,  but the whole "boys being boys" argument seems a trifle simplistic to me.    Being a resident local to the incident in question, I can attest that there is a bit of a rural-urban divide going on here as well.  McMinnville and Carlton are smallish (frankly, hick) towns beyond the immediate Portland suburbs,  and it seems that sensitive new-age (read: Portland) crap about sexual harassment doesn't play well with the locals, nor their allies in God's America.  Nonetheless,  I think that some sort of sanction is appropriate for teenage boys who can't keep their hands to themselves.  

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Re: Is is just ass grabbing?

gerrymander.

Wed Jul 25, 2007 at 01:21:45 PM EST

none

I think that some sort of sanction is appropriate for teenage boys who can't keep their hands to themselves.

Agreed. The question is whether years of jail time and carrying a lifelong brand as a sexual predator is the appropriate sort of sanction. I think the answer there is "no."

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Re: Is is just ass grabbing?

thefadd.

Wed Jul 25, 2007 at 01:24:28 PM EST

none

Yeah, an ass is one thing. A breast is both a lot more intimate and also a lot more easily damaged in a quick grab and dash.

In my high school, two senior guys slapped the asses of two female seniors. The girls didn't care and didn't complain but the lunchroom attendant did and they go expelled. Of course, since they only had two months left of their senior year, all that meant was having their work sent home and taking tests from there. I think they might even have been allowed to walk in graduation.

If it were that kind of incident, I'd say prosecution was over-reacting. However, if people asked them to stop and it occurred on multiple occasions, then it's time to take punishment up a level. Still, I'm opposed to "sex offender" registries and the classification of anything as a "sex crime" on a general basis. They probably deserve probation and a suspended sentence.

Great to see ya around, Ace.

It is easy to buy small plaster models of what you think life is like.

15

Jeez

dzetetes.

Thu Jul 26, 2007 at 08:20:41 AM EST

4.00 (astute)

Mashburn's father says "we'd all be in jail if everyone got arrested for this kind of stuff."

Well, now we know where he gets it from.

In regione caecorum, rex est luscus.

4

This just in.

MayorBob.

Wed Jul 25, 2007 at 01:41:56 PM EST

2.00

The two kids probably will get probation and not end up on a sex offender registry.  The DA has apparently been deluged with outraged emails and phone messages about this case.  So, a little bit of sanity is restored to Oregon.  However, it doesn't do anything to compensate the parent's costs in attorney fees or anything.

This was obviously a case of teenagers mimicking some kewl actions they saw on MTV or whatnot.  What purpose is actually served by prosecuting them just to give them probation?  I'd think the DA owes at least an apology to the taxpayers for turning a school infraction into a flipping criminal case.

Illegitimi non carborundum.

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Re: This just in.

gerrymander.

Wed Jul 25, 2007 at 04:35:01 PM EST

none

This was obviously a case of teenagers mimicking some kewl actions they saw on MTV or whatnot.

I dunno, Mayor. I remember a few episodes like this (if nowhere near as prolonged) from my years in sixth and seventh grades, and that's back when MTV still played music videos. The whole point of adolescence as something distinct stems from recognizing kids don't become adults in the time it takes to flip a switch. This kind of act isn't too far removed from kids hitting each other to show like.

On a side note, the same criticisms against trying juvenile offenders as adults for violent crime should apply here, with even stronger resonance; not everyone murders, but everyone passes through sexual maturation.

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Re: This just in.

Lou.

Wed Jul 25, 2007 at 04:56:06 PM EST

4.00 (funny)

but everyone passes through sexual maturation.

I haven't...but I'm expecting great things though.

It's the end of the world as we know it, and I feel fine

6

the fascist in me rises

wetkarma.

Wed Jul 25, 2007 at 04:38:07 PM EST

none

So clue me in here TnTers how is this NOT sexual assault? Slapping someone's ass when they don't want you to? Grabbing at their breasts? I don't care about the sex offender registry (another dumb think of the children program), but it seems to me that this in an era of Zero Tolerance school policy the right action was taken here.

If slapping someones ass and grabbing someones tit is "fairly typical behavior" then damn right I want to see that behavior criminalized.

and while I'm feeling garrulous..lawn mine...not yours...get off.

Memory is a strange bell, jubilee and knell.

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Re: the fascist in me rises

gerrymander.

Wed Jul 25, 2007 at 11:19:04 PM EST

4.00 (astute)

how is this NOT sexual assault?

The problem with that question is the implicit assumption that it should be characterized according to law instead of custom. The law works best when the lines delimiting behavior are clear and bright, allowing a person of average means to quickly tell the difference. But the "average means" of acceptable behavior are known to those accustomed to working within a sexual context. As long as there are children, there will always be some to whom the sexual context is new. If we choose to go for an "ignorance of the law is no excuse" hard line, there are going to be adverse consequences.

Case in point: when my eldest niece was four, running up to people she knew and throwing her arms around them was her way of expressing affection. Unfortunately, when the approach is from the side, the practical effect was to nail her uncle in the nuts. Clearly a sexual assault, right? And it happened repeatedly, despite rather stern warnings against (believe me), until she learned some control. Would the country be improved any if she had spent most of her childhood in prison? Should she be registered as a sex offender?

Granted, a four-year-old is not a thirteen-year-old. Still, there are learning and control issues to addressed at the latter age which shouldn't be necessary for an average adult. I have no doubt that part of the impetus for these kids to chase around was sexual, but I also believe that part was more akin to "girls have cooties" -- focused on sex differences, but not sexual. Punishing the boys for misbehavior is completely in line; they need to learn what's acceptable. Dragging them through the court system as felons, however, is not; the boys aren't adults, and shouldn't be expected to behave as though they are.

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Re: the fascist in me rises

Acefantastik.

Wed Jul 25, 2007 at 05:15:06 PM EST

none

In my opinion, this incident, if true as reported, is a sexual assault,  but given the age of the accused, it seems relatively minor.   You've got the facts as reported in the police report,  at least one young woman in the original Oregonian article taking strong umbrage to the alleged contact,  and this quote from the follow up:

During questioning by a vice principal and police officer stationed at the school, they also admitted to poking or grabbing girls' breasts in the past..

When you say "Zero-tolerance school policy", I fully agree:  if all the allegations are true, these young men need to be disciplined for their actions by the school, and they need to learn that grabbing women's breasts and buns is NOT OK.  Unfortunately,  the overzealousness of the law-enforcement agencies and the flippant attitudes of the parents seem to have provoked a reverse reaction:  "Hey, its not that bad! My grabby kid is the victim!"    The parents of the boys come off as twits who didn't teach their puberty-aged sons how to respect their women peers, and the outraged national attitude has made martyrs out of these aspiring knuckleheads.  


If I were the principal, I would have suspended them for 15 days, and done my damndest to require some sensitivity training.  Most Oregon students have had sexual heath classes by seventh grade, and despite my earlier rhetoric about the bumpkin nature of the community these lads grew up in,  it should be a given (especially in this day and age, what with the earlier sexual proclivities of American youth) that you don't grab boobies, ever.  

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Re: the fascist in me rises

gerrymander.

Wed Jul 25, 2007 at 07:12:24 PM EST

none

how to respect their women peers

At that age, there's a difference between respect as women or peers. Middle school is right about when wedgies become hilarious; slapping and grabbing is exactly what we should expect of common behavior for the latter.

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Re: the fascist in me rises

Acefantastik.

Thu Jul 26, 2007 at 07:27:26 PM EST

none

Middle school is also when young people start changing clothes for P.E. (in separate locker rooms, no less) and they also start taking health and sex ed classes.   It may be that these budding teenagers are still in the "wedgies are funny" mindset, but by biological definition, 99% of them have reached sexual maturity, which is why they are being taught and trained that there are differences between the sexes.  You may postulate that a 13 year old boy sees a 13 year old young woman as his peer,  but I disagree, and I think it is a failure of the parents in this case to have discussed the birds and the bees with their sons. Having said that, I still think that law enforcement didn't need to be involved in this case.

8

Old School

keta.

Wed Jul 25, 2007 at 05:14:04 PM EST

none

Back in my day, a little slap and tickle didn't get you labelled a sex offender, it got you laid.  

10

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Obligatory SNL ripoff

Lou.

Wed Jul 25, 2007 at 07:11:15 PM EST

none

I'm old...and I'm not happy!  Back in my day, we didn't cotton to these crybaby sexual offender laws.  Hell, we didn't even have laws.  If a pretty girl came to school she was just asking to be groped...and even if she did have a chance to say no, she really didn't mean no.  It...it was her way of saying please grab my pubescent titty some more.  We boys would roam up and down the halls between classes looking for any girl who was preoccupied with her locker.  We would sneak up behind her and grab a quick squeeze and dart away...unless she was ugly, then we'd just snap her bra.  With any luck, she'd be slow on the uptake and turn around and slap the guy behind you.

Now, we have all of the Megan Laws, and sexual offender registries, and mandatory psychiatric counseling, and chemical castration, and angry mothers throwing rocks at you whenever you walk by the play ground.

Yep...we were slavering, lawless, sex mad, sweaty, hormone-sodden, misanthropic, titty grabbing Neanderthals...AND WE LIKED IT!

(and for you snotty youngsters who ought to know better, but don't...here is the SNL inspiration)

It's the end of the world as we know it, and I feel fine

12

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Re: Obligatory SNL ripoff

thefadd.

Wed Jul 25, 2007 at 07:25:54 PM EST

none

With any luck, she'd be slow on the uptake and turn around and slap the guy behind you.

This actually happened to me one time in high school...sorta. I was walking down the hall and happened to be behind this one girl. Some guy came darting through and grabbed her ass. It was a crowded hallway and he went right while she turned around to her left. I quickly apologized...too quickly really. All she did was smile.

It is easy to buy small plaster models of what you think life is like.

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Re: Obligatory SNL ripoff

rEvolution inAction.

Thu Jul 26, 2007 at 12:54:39 AM EST

none

That happens a lot, my memory is shot to hell but I remember it happening more than a few times and I've adopted a rote response... I get the accusatory look, so instead of apologizing i go straight to a deadpan "I just couldn't help myself", this turns into a startled look of surprise and then I tell the truth before that can change to anger or anything else.. (although if the old-school mentality is right, maybe I've been playing this wrong)

Tipping Sacred Cows

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The Wanted Asslap

thefadd.

Thu Jul 26, 2007 at 05:57:01 PM EST

1.00 (offtopic)

I had a gf who was very into having her ass slapped as sign of affection. I didn't know her in high school but she was such a tomboy that I'm sure she was right in the middle of any ass slapping guys were doing at the time. I'd always found it a gross "you're my property, bitch" when guys would just feel up their gf's butt in public so I still steered clear of the public grope but I soon found a solid slap here and there fun. I took this with me to my next relationship...and it didn't play so well. At first. The new gf was rather insulted the first several times but I didn't feel I was doing anything wrong so I persisted, picking my spots carefully. Finally, she resorted to slapping my ass in retaliation, a "See, how do you like it?" type thing. To her surprise (and somewhat to my own), I didn't complain. It wasn't the male domination tool she (and previously I) had always seen it as but rather something that probably ended up being the entre to the playfulness of our relationship.

It is easy to buy small plaster models of what you think life is like.

18

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Re: The Wanted Asslap

rEvolution inAction.

Fri Jul 27, 2007 at 12:06:29 PM EST

none

There's nothing wrong with ass-slapping.. it's the "who's your daddy?" that pisses them off.

Tipping Sacred Cows

This story: 18 comments (2 from subqueue)
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