No sexual assault charge for Sierra Vista hazer

No sexual assault charges for Sierra Vista basketball player:

A judge says there is not enough evidence to find a Sierra Vista High School basketball player guilty of sexually assaulting a fellow teammate. The 17 year old student was being tried as a juvenile in family court.

In the end, the judge says there wasn’t enough evidence presented to prove “penetration”. He did however find the teen delinquent of open and gross lewdness as well as battery.

A hearing will be held later this month to determine the punishment for the student.

When I posted the last story about this trial I asked since when did getting digitally sodomized become “horseplay”?

A#1 commenter Jim jokingly shot back with “Depends which digit and how many knuckles deep it goes”.

I guess he was right.

I guess the suspect would have to be prison raping the victim in front of a school assembly to prove “penetration”.

1 Comment

  1. Well,

    To shed a little light here, this is clearly a case of local law enforcement and prosecutors failing to do their job correctly. What I mean is simply that the charges were all wrong. The charge was sexual assault, which in most states means rape, the text book version we all know. Penetration must be proven to get a rape conviction, true, however since there was obviously not going to be much evidence of that, it would not have stopped him from being charged with sexual misconduct, or better yet, sexual battery, which are more serious than simple lewd acts or battery alone, and carry heftier penalties. OR get this: They could even have charged him with sexual misconduct with a minor OR sexual battery of a minor which also carry stiffer sentences, and in most states would require him to register as a sex offender, which he deserves in my opinion.

    You see, you don’t HAVE to be an adult to be tried with being one when you comitted a criminal act. In other words if I am a teenager say 16, and I buy alcohol and then give it to my 16 year old friend, I can be charged for both underage drinking AND contributing to the delinquency of a minor, even though I, myself am still one.

    What is sad here is that the law has not only let this kid down who was apparently sexually battered, but it has let the rest of us down, as well, because you can bet that if this guy is already doing things like this now, while he is in High School, that he is probably NOT going to turn into a nice guy overnight. In fact, I would be willing to bet that not far into the future, we are going to hear his name again, and for something much more serious next time. The odds say so.:(

    Like

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