17-Year-Old Sexual Assault Victim, Ruined Attacker's Life Says His Lawyer

Originally posted by Rockpuck

I look at it in context. If I and a female got drunk together at a party, and at some point she took her shirt off (which, at least the parties I went to was not uncommon!) and ended up in photographs completely plastered with different guys (and girls) posing with her in her various stages of undress..... would I be a "sexual predator?" No.

That is a completely different scenario. In yours the girl is conscious, drunk but consenting. She is posing nude next to the guys, not getting sexually molested by them. That really couldn't have been more different. So go ahead and look at it in that "context".

We apply this double standard because we have some sick antiquated notion that women are these pure, non sexual innocent little creatures of perfection.

There is a lot of strange undertones to your posts here that I just can't put my finger on......

When one gets drunk and does something stupid that, in this case, ends up with some guys posing with her topless, we blame everyone ........ but her?

She wasn't posing, she was unconscious. They took footage so the authorities know that's true. They were charged with voyeurism as well.

Had there been violence in the act, a premeditated aim for this to happen, or a forced sexual encounter then I would say yes, lock the boys up.

Elaborate on how it wasn't premeditated. Elaborate on how it wasn't forced (remember unconscious).

We have this idiotic stigma in society that as long as a woman screams rape, we automatically have to defend her, regardless of her story.

They admitted guilt and were charged with first degree sexual assault. They took footage of it. Perhaps the guys didn't "cry innocence" because they knew the authorities knew about the footage?? Yah think?? Or did they charge the guys with voyeurism based on the victims word alone?

reply to post by Lucid Lunacy


Yes. I've stated she was passed out several times. People who get so drunk they pass out invite themselves to be embarrassed, I don't know if you're either naive and shut in a closet or so old you forgot or never experienced how young people party. I'm saying that what the boys did amounts to sexual assault, but that it was still blown way out of proportion. And on top of that, the girl, who's CLEARLY an attention seeker went out and publicly accused the boys of "making her life hell" and "raping her".. when that CLEARLY did not happen. She didn't say "making my life hell for touching my breasts" ... no .. she said "violent forceful intercourse."

I've known girls like this.

Originally posted by Rockpuck
reply to post by Lucid Lunacy

 

Yes. I've stated she was passed out several times. People who get so drunk they pass out invite themselves to be embarrassed, I don't know if you're either naive and shut in a closet or so old you forgot or never experienced how young people party. I'm saying that what the boys did amounts to sexual assault, but that it was still blown way out of proportion. And on top of that, the girl, who's CLEARLY an attention seeker went out and publicly accused the boys of "making her life hell" and "raping her".. when that CLEARLY did not happen. She didn't say "making my life hell for touching my breasts" ... no .. she said "violent forceful intercourse."

I've known girls like this.

As ive said so many times in this thread, no one EVER invites sexual assault. EVER. Anyone who would justify such actions is scary.

While we can argue the semantics used, the fact of the matter is, she was THE VICTIM of a sexual assault, by any definition. It is not her fault, regardless of how drunk she got.

Unless of course, she said "hey guys, I am about to go pass out. Why dont you come in and undress me, molest me, and video tape it"

My feelings are that this girl is a minor, so she should get a slap on the wrist, and have everything hushed hushed. Just like that did for the boy that raped her.

Originally posted by MisterFister103

The thing is, calling these kids rapists is just a little bit near sighted. They're hanging out at a party. This hot chick is drunkenly stumbling about, and eventually passes out. People are probably groping her all night and she's giggling like the dumb# she is. Then as soon as she's passed out and someone gropes her.....Oh Hell No!!! RAPE!!!! Sometimes people just need to shut the # up and realize that she put herself in the situation, and she got her tits massaged while she was sleeping. Who cares? If I'm passed out and someone touches my weener, I'm not gonna press charges and talk about it on Twitter.

You don't know that she was like this AT ALL. So because you assume she was being a c$#% tease, it's okay for the guys to sexually assault her when she is passed out, eh? It doesn't matter how someone was acting or not acting- if they weren't conscious to give consent THEN IT IS MORALLY WRONG.

reply to post by Rockpuck

Rape and sexual assault ARE the same thing.

In my particular state, rape is referred to as sexual assault and is distinguished in severity by degrees, first through fourth. First is actual intercourse or the assault of someone who is unconscious or mentally impaired. Fourth is touching the genitals and/or breasts. Lack of consent is an essential element.

I'm on the fence with respect to juvenile criminality. I've seen some people rotten from cradle to grave who should have had the book thrown at them at 12. On the other hand, not everyone continues to practice their criminality beyond youth.

The girl was stupid and so were the boys. They should all have their names in the newspaper with a story describing the facts of the matter. The story is out anyway. At least get it right for the masses and let them make their own decision.

I don't see the boys as victims. They knew what they were doing was wrong and they paid for it. Boo hoo.

Originally posted by Rockpuck
People who get so drunk they pass out invite themselves to be embarrassed,

Invite it.

For the objective and the moral we see that wording for what it really is. Blame the victim.

I love how you use the word 'embarrass' as if that fully encapsulates what happened.

and shut in a closet or so old you forgot or never experienced how young people party.

I go to more parties as I get older actually. Started when I was 14 and I just turned 30. I have been very drunk and been around very drunk people. I never looked for unconscious people, removed clothing and molested them and then took footage to share with others. Never any of that. My friends and I draw a moral line at non-consent... I did once catch a guy trying to remove the clothes from an unconscious girl many years ago and me and a friend threw him out of the house.

Perhaps you need to go to different parties yourself. Maybe you need new company.

I'm saying that what the boys did amounts to sexual assault,

Lets keep the wording as such and stop using 'embarrassment' as an interchangeable word.

she said "violent forceful intercourse."

Did she say that exactly? Or "rape".

Let's try and be really objective here. She was unconscious. She later finds out they took photo/video of her being molested with clothing removed. She doesn't know if she was or was not penetrated. She assumed she was. I would imagine most girls would of assumed it from that evidence.

Now as far as her "CLEARLY BEING AND ATTENTION SEEKER". Tell me how is it the guys can take that footage of themselves with her to share with others and not also be called attention seekers?

Even if she was 'attention seeking' I am happy she posted that info. Protect other girls from them. Considering they got a slap on the wrist they might not be deterred from doing it again.

Why was this 16 year old girl passed out drunk on the kitchen floor of a party?

Refresh my memory, but what is the legal drinking age again?

I am not saying that what the boys did was right or justified - it was certainly not.

I AM saying that girl put herself into a darned dangerous situation by #1 breaking the law and drinking and #2 getting herself so drunk that she passed out.

Sounds like all of these kids made stupid decisions that all could have been avoided if they had simply followed the law.

Do we know for a fact that she was raped? Were we there? Women lie about these things. If she was really raped, which i believe is what happened....then she has gone easy on these boys by allowing them to live. I woulda killed em if i was her. Or if i witnessed it happen. Ruining their lives is reasonable.

I dont trust women though.

Originally posted by EvenParanoidsHaveEnemies
Why was this 16 year old girl passed out drunk on the kitchen floor of a party?

Refresh my memory, but what is the legal drinking age again?

I am not saying that what the boys did was right or justified - it was certainly not.

I AM saying that girl put herself into a darned dangerous situation by #1 breaking the law and drinking and #2 getting herself so drunk that she passed out.

Sounds like all of these kids made stupid decisions that all could have been avoided if they had simply followed the law.

She may have made bad decisions, but SHE is not the one who committed sexual assault. Period.

The victim blame here is disgusting.

reply to post by phroziac


All we know for sure is they admitted guilt and were charged with first degree sexual assault and voyeurism.

Therefore, everyone in these pictures should be thrown in jail. Molesters!

Apparently, all us old farts have no idea what kids' parties are like these days. I am not kidding.

acidcow.com...

Originally posted by CaptChaos
Therefore, everyone in these pictures should be thrown in jail. Molesters!

Apparently, all us old farts have no idea what kids' parties are like these days. I am not kidding.

acidcow.com...

if any of those pictures depicted an assault, than yes, they should.

Originally posted by EvenParanoidsHaveEnemies
Why was this 16 year old girl passed out drunk on the kitchen floor of a party?

Refresh my memory, but what is the legal drinking age again?

I am not saying that what the boys did was right or justified - it was certainly not.

I AM saying that girl put herself into a darned dangerous situation by #1 breaking the law and drinking and #2 getting herself so drunk that she passed out.

Sounds like all of these kids made stupid decisions that all could have been avoided if they had simply followed the law.

Shes not old enough to know when to stop drinking. But i do wonder why people put themselves in these positions. I carried a 30 year old woman into her house once cause she passed out drunk. What if she passed out in a dark alley walking home? What if she drove home? And at 30 she should know better. I threw her on her couch and got the hell outta there lmfao. She didnt even know where she lived.

My father was an alcoholic. Maybe i just hold my liqour better than these people, but i can drink an entire fifth and still be coherent and know who i am, where i am, and where i live, and not pass out.

Guys who take advantage of girls who pass out drunk are pieces of # though

reply to post by CaptChaos


I don't think that link is ATS appropriate.

You could have at least given a warning.

Originally posted by Lucid Lunacy
reply to post by phroziac

 

All we know for sure is they admitted guilt and were charged with first degree sexual assault and voyeurism.

Then wtf are we here for? She has every right to ruin their lives. She shoulda killed em when they did it.

FTR, here is what the boys plead guilty to:

510.110 Sexual abuse in the first degree.
(1) A person is guilty of sexual abuse in the first degree when:
(a) He or she subjects another person to sexual contact by forcible compulsion; or
(b) He or she subjects another person to sexual contact who is incapable of
consent because he or she:
1. Is physically helpless;
2. Is less than twelve (12) years old; or
3. Is mentally incapacitated; or
(c) Being twenty-one (21) years old or more, he or she:
1. Subjects another person who is less than sixteen (16) years old to sexual
contact;
2. Engages in masturbation in the presence of another person who is less
than sixteen (16) years old and knows or has reason to know the other
person is present; or
3. Engages in masturbation while using the Internet, telephone, or other
electronic communication device while communicating with a minor
who the person knows is less than sixteen (16) years old, and the minor
can see or hear the person masturbate; or
(d) Being a person in a position of authority or position of special trust, as defined
in KRS 532.045, he or she, regardless of his or her age, subjects a minor who
is less than eighteen (18) years old, with whom he or she comes into contact
as a result of that position, to sexual contact or engages in masturbation in the
presence of the minor and knows or has reason to know the minor is present
or engages in masturbation while using the Internet, telephone, or other
electronic communication device while communicating with a minor who the
person knows is less than sixteen (16) years old, and the minor can see or hear
the person masturbate.
(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than
twelve (12) years old, in which case the offense shall be a Class C felony.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 72, sec. 1, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 182, sec. 33, effective July 12, 2006. -- Amended 2002 Ky. Acts
ch. 259, sec. 5, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 91,
effective January 1, 1975.

www.lrc.ky.gov...


And here is how the sentencing SHOULD have gone for a class D felony:

(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2), and subject to modification by the trial judge pursuant to KRS 532.070.
(2) The authorized maximum terms of imprisonment for felonies are:
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment;
(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years;
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and
(d) For a Class D felony, not less than one (1) year nor more than five (5) years.
(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or 531.310, the sentence shall include an additional five (5) year period of conditional discharge which shall be added to the maximum sentence rendered for the offense. During this period of conditional discharge, if a defendant violates the provisions of conditional discharge, the defendant may be reincarcerated for:
(a) The remaining period of his initial sentence, if any is remaining; and
(b) The entire period of conditional discharge, or if the initial sentence has been served, for the remaining period of conditional discharge.
(4) The actual time of release within the maximum established by subsection (1), or as modified pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law.

answers.uslegal.com...

Also, FTR, juvenile records are routinely sealed in KY. However, this girl should have every right to say what she wants (as the victim).

reply to post by phroziac

I was thinking a couple of .45 HP in the balls and that would probably never happen again.

reply to post by captaintyinknots


Actually a little victim blame is also in order here.

She also broke the law by getting drunk underage and passing out. Was she charged with underage drinking? She also broke the law by disclosing information sealed in a case. She should be charged and tried for it.

The boys aren't right, but they were tried, found guilty and were punished. What she did was add her own personal additional punishment over and above what was agreed to by the judge, the defense and the prosecution acting on her behalf.

You might not like it, but she did it.

reply to post by LeSigh


Those aren't the punishments unless you are tried and convicted as an adult. Also, the first line clearly states that the judge can modify the sentencing guidelines.