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."
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