Attorney: Suspects knew rape victim was 11

[Marcus Bryant]

http://www.chron.com/disp/story.mpl/metropolitan/7468724.html

[LnGrrrR]

Nail their asses to the wall.

[Bender]

"You can't tell she's a girl. What are these boys supposed to do, ask for an ID?"
so gang rape would be ok as long as you ask for ID?

[MaNuMaNiAc]

I'm confused... is this a statutory rape thing, or a forceful rape against the kid's will? both scenarios would be pretty fucked, except in a forceful rape case, WTF does it matter whether they knew her age or not?

[TheProfessor]

I'm confused... is this a statutory rape thing, or a forceful rape against the kid's will? both scenarios would be pretty fucked, except in a forceful rape case, WTF does it matter whether they knew her age or not?
It's a child under fourteen, so this would be aggravated sexual assault of a child in the first degree. These cases are essentially strict liability - it doesn't matter how old they thought she was. Really, the only way to argue otherwise is to drop jury nullification hints at trial, and hope the jury just decides not to enforce the law. You're technically not allowed to make that sort of argument as an attorney, but some juries will go ahead and acquit or give probation if they think the law is not fair (say, if the defendant is 18 and the complainant is 14). As the article notes, the defense attorney has kind of screwed himself on that front by saying they had knowledge of her age. Pretty stupid thing to do.

I'm going with Texas law on this, not sure if it's different up there.

[boutons_deux]

NYT new article:

"how could their young men have been drawn into such an act?"

yep. Wasn't their fault. They were drawn in by 11 year old girl who wanted to be gang raped by 18 guys.

http://graphics8.nytimes.com/images/2011/03/09/us/TEXAS-1/TEXAS-1-blog480.jpg

She sounds like the ideal Halliburton employee to be sent to Iraq. By the time she's legal age, Halliburton in Iraq will still be fleecing the American sheeple for $Bs.

[Marcus Bryant]

I just knew the "VRWC" was involved.

[Oh, Gee!!]

I'm going with Texas law on this, not sure if it's different up there.

It's Texas: Cleveland, TX. It's outside of Houston I think.

[Oh, Gee!!]

maybe some of the defendants are juveniles and within a couple of years of the victim and those juvenile defendants are claiming consent as a defense? maybe that would explain why the defense attorney is explicitly stating they knew her age? maybe he's trying to get the case moved away from that jurisdiction by poisoning the jury pool? either way it seems like a stupid thing to say.

[mouse]

I wonder who will play the girl when the movie is made.

[jack sommerset]

18 black dudes and a hispanic women that is 11 gang banging. WTF. I wouldn't want anything to do with this mess.

[boutons_deux]

I just knew the "VRWC" was involved.

Glad you're finally getting up to speed.

[Viva Las Espuelas]

and this is political cuz..........................
this is pertaining to........................
and you are..........................

[TheProfessor]

It's Texas: Cleveland, TX. It's outside of Houston I think.
Ah. You'd think I'd know that, living in Houston. So it'll be a conservative county with those guys staring at 5–99 and an attorney that's already admitted they don't stand much of a chance. Good luck with that.

[TheProfessor]

maybe some of the defendants are juveniles and within a couple of years of the victim and those juvenile defendants are claiming consent as a defense? maybe that would explain why the defense attorney is explicitly stating they knew her age? maybe he's trying to get the case moved away from that jurisdiction by poisoning the jury pool? either way it seems like a stupid thing to say.
I think the "Romeo and Juliet" statute in Texas applies when it's not less than three years age difference and the complainant is over 14. And he'll have a hell of a time getting a venue change, whether it's pretrial publicity or poisoning the venire.

[Yonivore]

and this is political cuz..........................
this is pertaining to........................
and you are..........................
Well, it's political because, apparently, a local black activist is peeved the police weren't able to cough up any non-black rapists (http://www.dailymail.co.uk/news/article-1365112/Horrific-gang-rape-18-men-girl-11-Texas-sparks-racial-tension.html).


But one black activist has claimed that the arrests show the African-American community is being targeted in the 8,000-strong town.

Quanell X, leader of the Black Panther movement in Houston - a mere 45 miles away - told ABC News: 'Every adult male that had sex with this child should go to prison, I don't care what the colour is.

'But I do not believe black males are the only ones that had contact with this young child. It appears to me there's only been the selective prosecution of one community, which is African-American.'
He doesn't really say why he doesn't believe black males are the only ones that gang raped the 11 year-old girl.

[Viva Las Espuelas]

Ah, Quanell X. Say no more. How Jackson-Sharpton of him.

[ManuBalboa]

NYT new article:

"how could their young men have been drawn into such an act?"

yep. Wasn't their fault. They were drawn in by 11 year old girl who wanted to be gang raped by 18 guys.

http://graphics8.nytimes.com/images/2011/03/09/us/TEXAS-1/TEXAS-1-blog480.jpg

She sounds like the ideal Halliburton employee to be sent to Iraq. By the time she's legal age, Halliburton in Iraq will still be fleecing the American sheeple for $Bs.


Started reading post. Looked at picture. Continued reading...saw "Halliburton"...looked at poster...all made sense.

[Crookshanks]

I believe the youngest "rapist" is 14 - so that's just 3 years older than the victim; but I can't see that it makes much difference when we're talking about an 11-year old. I just want to know where her parents were.

[TheProfessor]

I believe the youngest "rapist" is 14 - so that's just 3 years older than the victim; but I can't see that it makes much difference when we're talking about an 11-year old. I just want to know where her parents were.
It won't make any difference for statutory purposes, since she's under 14.

It's shocking how ignorant parents can be when things like this go on for long stretches. Here it seemed like an isolated incident, so I'm not sure what impact that had. But I've been working on these cases recently and, particularly when it's the father, it can go on for years without an outcry from the child or any adults noticing. No one wants to think they're capable of it.

[mouse]

this shit happens in Charlie Sheen's bedroom we call it winning!

[Stringer_Bell]

There's nothing wrong with questioning the investigation, people need to know what evidence there is against these alleged rapists other than alleged electronic messages of her "asking" for a gang bang (I heard that somewhere). All those people are asking for is the cause for arrest and detention...is it some kind of video evidence? pictures? a traumatized 11 year old with great memory that clearly identified 18 men?

What society has to understand is that in the age of the Electronic Parent, children are losing their innocence and opened up to ideas/actions that would not have occured to the rest of us when we were 10 and still carrying around Spider-Man lunchboxes. The law makes itself clear enough, but there's absolutely nothing wrong with letting this incidenct be a warning to all parents about what their kids are doing and with whom they are doing it. Where are the parents of ALL these kids (or at least the parent with legal custody getting welfare checks for them)?

Save the outrage for the act and focus it on the society that makes it possible, even inviting for young children to engage in it.

[Crookshanks]

This is an excerpt from an earlier article about the incident:

An affidavit claims the victim said one suspect called her 'and asked if she wanted to ride around'.
Three of the suspects then picked her up and took her to one residence where a fourth suspect lived, the network reported.

The fourth suspect told her to disrobe, she said, adding that she would be beaten up if she did not comply,' the affidavit recorded.
The girl was then said to have engaged in sexual acts in the bedroom and bathroom of the house.
While in the bathroom, the girl said she heard one suspect calling and inviting other people to have sex with her.
After she left the bathroom, she saw four men she did not know, the affidavit said.
The party were however disturbed when the aunt of one of the suspects returned home.
The alleged victim and the men then, 'left the residence in haste through the rear window of the house,' the affidavit said.

The group then moved to an abandoned trailer where the sexual acts continued.
The affidavit noted that the alleged victim 'stated that digital still images and digital video images of the sex acts were recorded by one or more individuals using cellular telephones'.

The sixth-grade victim has since been withdrawn from school.
She has apparently told investigators that up to 20 men were involved in the alleged rape.
The victim is thought to have been taken away from her mother and relatives and put into protective care for her own safety.

Read more: http://www.dailymail.co.uk/news/article-1365112/Horrific-gang-rape-18-men-girl-11-Texas-sparks-racial-tension.html#ixzz1GSNInvWQ

========================
The girl was stupid for going with these boys/young men, but then again, she's only 11 and probably thought it would be cool to hang out with them. Big mistake on her part! Take a look at some of those guys mug shots - they look downright scary, I would've been afraid to go anywhere with those guys.

[Stringer_Bell]

The girl was stupid for going with these boys/young men, but then again, she's only 11 and probably thought it would be cool to hang out with them. Big mistake on her part! Take a look at some of those guys mug shots - they look downright scary, I would've been afraid to go anywhere with those guys.

Hopefully they did some drug tests on that girl, I bet you they got her to turn a trick for some coke/weed, promised to hook her up some more and then one or more of those dudes that's "accused" and not in custody (cuz that cockroach ran like a bitch) got violent with her. And I also bet that half those kids being held are actually innocent.

It's no shock that 12 year olds roll with corner hoppers hooking them up with drugs. This happens in big cities too, but something went sour with that shit and she broke silence. Pitiful shit all around.

http://www.sodahead.com/united-states/will-the-texas-child-gang-rape-spark-racial-tensions/question-1572581/?page=2&link=ibaf&imgurl=http://blog.silive.com/latest_news/2009/03/large_03-11-staten-island-rosemarie.jpg&q=11%2Byear%2Bold%2Brape%2Bvictim%2Bfacebook%2Bqua nell%2Bx

[Oh, Gee!!]

I think the "Romeo and Juliet" statute in Texas applies when it's not less than three years age difference and the complainant is over 14. And he'll have a hell of a time getting a venue change, whether it's pretrial publicity or poisoning the venire.

I understand that the suspects 17 years of age and older have no "consent" defense available to them, but the 14 year-old suspects do IMO. If an 11 year-old and 14 year-old voluntarily have sex with each other, how could you prosecute the 14 year-old? Both are children in the eyes of the law.

disclaimer: I'm not suggesting that what was done in this particular case was done voluntarily by the 11 year-old, but I can definitely see an argument being made on behalf of the 14 year-old suspects for charges not to be filed against them.

either way, a bad situation that deserves harsh punishment for all involved.

[TheProfessor]

I understand that the suspects 17 years of age and older have no "consent" defense available to them, but the 14 year-old suspects do IMO. If an 11 year-old and 14 year-old voluntarily have sex with each other, how could you prosecute the 14 year-old? Both are children in the eyes of the law.

disclaimer: I'm not suggesting that what was done in this particular case was done voluntarily by the 11 year-old, but I can definitely see an argument being made on behalf of the 14 year-old suspects for charges not to be filed against them.

either way, a bad situation that deserves harsh punishment for all involved.
Good point. I think a 14 year-old can be certified as an adult in Texas for certain crimes, including first-degree felonies. If Liberty County follows Harris County's practices, it wouldn't surprise me if they did certify him, particularly with the nature of the offense and press involved.

[MaNuMaNiAc]

Consent? tell me something, if an 11 year old isn't deemed able to give consent for sex, how the fuck can it be argued that she consented to a gang rape??

I don't give a shit if some of the dudes were 14 year old kids. Don't want to try them? ok, bring their parents in for christ sake. There has to be something criminal about raising a 14 year old brat that can't tell that forcing an 11 year old girl to have sex with 20 men is a complete fucking NO NO!

[DarrinS]

Sad story.

[TheProfessor]

Consent? tell me something, if an 11 year old isn't deemed able to give consent for sex, how the fuck can it be argued that she consented to a gang rape??
If an offender is certified as an adult, it could not be argued. But if this were tried in juvenile court with a 14-year old defendant, voluntariness would definitely be at issue.

[Oh, Gee!!]

Good point. I think a 14 year-old can be certified as an adult in Texas for certain crimes, including first-degree felonies. If Liberty County follows Harris County's practices, it wouldn't surprise me if they did certify him, particularly with the nature of the offense and press involved.

I'd bet the farm on it. These guys could be looking at 25 to life without the possibility of parole given the fact that there are several aggravating factors besides the victim's age.