Steubenville, OH Rape Trial – Something’s Not Right

If you’re not familiar with the situation in Steubenville, OH, in which two high school football players are accused of raping a drunk, 16-year-old girl, here is a recent news update.

It’s dangerous to try cases like this in the media.  We don’t have access to the evidence or the testimony, and the outcome must ultimately be up to the jury.

However, the following sentence in the news article caught my attention:

“The trial, which is likely to stretch into the weekend, is moving quickly to accommodate the schedule of the judge. A verdict is expected by Sunday.”

This is WRONG.  Very, very wrong.  Justice should not, cannot, must not be placed on a schedule.

5 responses to “Steubenville, OH Rape Trial – Something’s Not Right

  1. And by the way, this is not the first time I’ve encountered “quick” trials to accommodate the judge.

  2. You’re absolutely correct about the ongoing rush to judgment in this case. However, the decision isn’t ultimately up to the jury here because there is none. Rightly or wrongly, all juvenile cases in Ohio are decided by the judge alone. There are no juries in juvenile court. Since the judge is apparently on a tight schedule, that could lead to a rushed decision.

  3. Docile Jim Brady – Columbus OH 43209

    My comment addresses speed.
    Phil Locke and Martin Yant are correct.

    I was a defendant in a misdemeanor criminal trial where the arraignment , not guilty plea , testimony and closing arguments totaled about five minutes .
    About the only way I could have avoided a conviction was for the judge to die or become so ill/injured that he could not function .

    Ironically, my alleged and admitted conduct became illegal ≈over ten months AFTER the date of my “offense” ; the judge suffered a traumatic coma five months AFTER and died more than ten months AFTER the date of my “offense” !! ‼

    LOCKE: “Justice should not, cannot, must not be placed on a schedule.

    YANT: “Since the judge is apparently on a tight schedule, that could lead to a rushed decision.”

  4. In the Brad Cooper case, the State dragged it out, presented non-evidence for 6 long weeks. A few days into the Defense case the jury sent the judge a note that they “wanted their lives back”. The judge allowed the State to drag out their case but took every opportunity to pressure the Defense about wasting the jurors’ time. I couldn’t believe the unfairness.

    Thank you for highlighting this.

  5. Docile Jim Brady – Columbus OH 43209

    Yep , something is wrong here .

    Has anyone heard or read of ANY evidence where either or both of the accused minors
    ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼
    ▬►administered◄▬ drugs or intoxicants ▬►surreptitiously or by force, threat of force, or deception◄▬ to the prosecutrix ?
    ¿ Who furnished any evidence that either or both of the defendants administered anything , liquids or foods . to the prosecutrix ?
    ▲ ▲ ▲ ▲ ▲ ▲ ▲ ▲ ▲ ▲ ▲
    There is no co,,om law crime in Ohio and has not been since 1803 , excepting when the occasional rogue trial judge incorporates a Punishment by Analogy scheme against a defendant.

    This is a delinquency trial where two boys are accused of violating an Ohio statute that would be a felony were they adults or tried as adults ; and it is not a civil trial seeking damages against an alleged tortfeasor .

    By the way , when the judge clearly stated that he was “adjudicating ” the juvenile defendants “delinquent” AND explained that his ruling was SIMILAR to finding the defendants guilty in an adult trial , then why do the media misreport the judge’s ruling as “found guilty” ?

    WHAT IF NEITHER of the boys had offered the girl any beverage or food , but had taken advantage of A SITUATION in which they had not participated ?
    ¿ Where is the rape element of 2907.02 (A)(1)(a) ?

    2907.02 (A)(1)(b) and 2907.02 (A)(2) are CLEARLY out of the equation because the girl was older than age 13 and there was no force .

    2907.01 Sex offenses general definitions.

    As used in sections 2907.01 to 2907.38 of the Revised Code:

    (A) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex ▬►;◄▬ and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

    Were an alleged offender (AO) to insert a Q-Tip 1 cm into an opening contra the description in 2907.01 (A) , then that insertion would meet the definition of sexual conduct and possibly rape .

    Were an AO to massage an intoxicated ♀’s mons pubis area through clothing with no skin contact and silence with respect to consent , whether incapacitated ; there would be no sexual “conduct” , therefore no rape , notwithstanding that the recipient and her parents or caregiver would be understandably angry .

    2907.02 (A)(1)(a) [ giving drugs via force , threat of force or deception ]
    2907.02 (A)(1)(b) [ other person < age 13 years ]
    2907.02 (A)(1)(c) [ KNOWLEDGE other person impaired , mental , physical or advanced age ]
    2907.02 (A)(2) [ rape with force – any age ]

    2907.02 Rape.
    (1) No person shall engage in ▬►sexual conduct◄▬
    with another who is not the spouse of the offender or
    who is the spouse of the offender
    but is living separate and apart from the offender,
    when any of the following applies:

    (a) For the purpose of preventing resistance, the
    ▬►offender◄▬ substantially impairs the other person’s judgment or control
    ▬►by administering◄▬ any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

    (b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.

    (c) The other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

    (2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.

    (B) Whoever violates this section is guilty of rape, a felony of the first degree.

    {Remainder of section applies to penalties and is not included here}

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s