CA - Child Raped By As Many As 10 College Athletes, Police Say

[TisHerself]

Talk about mob mentality, out of these 10 criminal rapists morons not one of them could say "hey this is wrong".:furious:

 

[Jeana (DP)]

I don't know under what circumstances they place children in group homes in California; but maybe it's possible there is a lot of abuse at home, or mom's on drugs, in jail, or something along those lines?

My thinking as well. I can't imagine what a horrible life she's had and now this.

 

[panthera]

Talk about mob mentality, out of these 10 criminal rapists morons not one of them could say "hey this is wrong".:furious:

Probably think they're "entitled" to have whoever they want. You're right: morons is an apt description.

 

[Wudge]

And there was no rape. Don't forget about that.

I hope this case receives some of the play that the Duke case received (before our crimetainment media found out there was no case), because I really would like to hear what the storylines/facts are.

ETA: I sent the story to Drudge, and he just posted it on his website. That will help to highlight this case and give us a better chance to eventually hear what the facts are.

 

[Jeana (DP)]

I hope this case receives some of the play that the Duke case received (before our crimetainment media found out there was no case), because I really would like to hear what the storylines/facts are.

ETA: I sent the story to Drudge, and he just posted it on his website. That will help to highlight this case and give us a better chance to eventually hear what the facts are.

Absolutely!! Good idea.

 

[bakerprune64]

I don't know under what circumstances they place children in group homes in California; but maybe it's possible there is a lot of abuse at home, or mom's on drugs, in jail, or something along those lines?

Children are placed in group homes for a number of reasons, primarily when the are taken from an abusive home, but sometimes orphaned children or delinquents are also placed in group settings.

 

[LovelyPigeon]

Not that it will matter in the felony charge, but I think this will be a case of oral sex, because the child had no physical injuries. I was glad to read that she at least wasn't physically harmed.

Tragically, it may turn out that the child was previously sexually molested (with the outcome being she was placed in a group home) and therefore had some knowledge regarding sexual acts. An absolutely horrible situation for this 11-yr-old little girl!

Some of the residents at the apartment complex have apparently stated that the child looked older than she was. It's no excuse, though, because even this 'explanation' by some suspects recognizes that the child was not a grown woman:

Fresno City College football coach Tony Caviglia arranged for seven players to consult Sunday with criminal defense attorney Michael Idiart.

Idiart said the men were worried when he met with them at a college conference room. They described the alleged victim as tall and mature looking although she seemed younger when she spoke.

Idiart said he explained to them that under California law sexual conduct with a person under 14 is felony child molestation.

"Basically, if you involved yourself in sexual activity with this person, you have a problem," he said he told the players.

He said they voluntarily went to the police station after he counseled them to fully cooperate. - http://abclocal.go.com/kgo/story?section=state&id=4353401

 

[TisHerself]

Not that it will matter in the felony charge, but I think this will be a case of oral sex, because the child had no physical injuries. I was glad to read that she at least wasn't physically harmed.

Tragically, it may turn out that the child was previously sexually molested (with the outcome being she was placed in a group home) and therefore had some knowledge regarding sexual acts. An absolutely horrible situation for this 11-yr-old little girl!

Some of the residents at the apartment complex have apparently stated that the child looked older than she was. It's no excuse, though, because even this 'explanation' by some suspects recognizes that the child was not a grown woman:

Fresno City College football coach Tony Caviglia arranged for seven players to consult Sunday with criminal defense attorney Michael Idiart.

Idiart said the men were worried when he met with them at a college conference room. They described the alleged victim as tall and mature looking although she seemed younger when she spoke.

Idiart said he explained to them that under California law sexual conduct with a person under 14 is felony child molestation.

"Basically, if you involved yourself in sexual activity with this person, you have a problem," he said he told the players.

He said they voluntarily went to the police station after he counseled them to fully cooperate. - http://abclocal.go.com/kgo/story?section=state&id=4353401

People are hysterical, what difference does it make what age she was, she was still raped and there were still 10 of them. She could have been 40 would have made no difference. The fact that she is only 11 makes it that much more tragic because she is only a little girl.

 

[Details]

That's because there can be no consent in statutory rape. A child cannot give consent. Other than that, I think we're in agreement.

Consent matters a little, to me, and I think in law - there's a difference between molesting a compliant child, and forcibly molesting a protesting child. Neither crime is minor, but using force makes it even worse. The story makes it sound like she was not willing, so that is an additional charge, beyond statutory rape and child molestation.

 

[csds703]

Consent matters a little, to me, and I think in law - there's a difference between molesting a compliant child, and forcibly molesting a protesting child. Neither crime is minor, but using force makes it even worse. The story makes it sound like she was not willing, so that is an additional charge, beyond statutory rape and child molestation.

We are talking about an 11 yr old. No matter how mature she might have looked I am sure she didnt look old enough to consent to anything never mind a gang rape.

 

[BillyGoatGruff]

Thanks Wudge. I don't do criminal, but isn't this worse than statutory rape?

Mackey Davis, 20, and Eddie Scott, 19, were arrested on one count each of child molestation with a victim under 14 and oral copulation with a victim under 18. Both were being held Sunday at Fresno County Jail on $100,000 bail.

Depending on how the DA feels about th case he can charge aggravated child molestation, felony sexual assault of a minor (or whatever they call it in their state), aggravated rape, rape in the first degree, child molestation, or any combination therefore.

 

[Details]

We are talking about an 11 yr old. No matter how mature she might have looked I am sure she didnt look old enough to consent to anything never mind a gang rape.

Yes, but wouldn't you want a steeper penalty for someone who forcibly, with violence rapes a 11 year old child, versus someone who does the same, but without force, without violence? Both crimes are high on the despicable scale, but still, doing it to an unwilling child is even worse than to one who has been persuaded, bribed or fooled into cooperating.

 

[mom3dd]

"quote" from http://www.latimes.com/news/printedition/california/la-me-fresno11jul11,1,3380638.story?coll=la-headlines-pe-california Caviglia asked Michael Idiart, a criminal defense attorney whose son he had coached two years earlier, to advise the players as a group of their rights and the legal process, Idiart said.

Idiart, who provided the counsel for free, said he believed there were seven players — one more than police said were interviewed — present.

The men were nervous and wanted to know their rights.

"The ones voicing anything said they were innocent and wondered, 'Are we going to be crucified?' " Idiart said.

If they didn't do anything wrong — and hadn't touched the girl — they should provide statements to police, Idiart said he told them. If they had done "something to be concerned with, if they touched her, even if it was consensual, or if they had done something to abet or aid [the assault], they might want to exercise their 5th Amendment privilege" to avoid self-incrimination, he advised.

It's no defense to argue the victim appeared older if she's under 14, even in consensual contact, he told them.

The men said there wasn't a party Saturday night, but some were going back and forth between a few apartments, as usual.

One or two players said they might have seen the girl come out of the bedroom or bathroom at some point, Idiart said.

The victim appeared to be older than 11, the players told Idiart. "They said she was tall and had some development…. They all said she 'looked like she was 18 or 19 to me.' Whether that's true or not, I don't know. When I think of 11, I think of a girl jumping rope and playing jacks. But apparently she was more mature than that."

Chief Dyer declined to discuss the mental state of the victim beforehand or whether she may have consented initially to physical contact. "We know that 11-year-olds don't always make good decisions," Dyer said.
I CAN NOT BELIEVE THIS, IT IS BLAMING A CHILD FOR THE ACTIONS OF ADULTS. THE WORD CONSENSUAL MEANS MAKING AN INFORMED DECISION. IT MATTERS NOT ONE WHIT WHY THIS POOR CHILD WAS IN A GROUP HOME, IT MATTERS NOT ONE WHIT THAT SHE WAS TALL OR HAD SOME DEVELOPMENT. THIS IS WHY THERE ARE LAWS ON THE BOOKS THAT SEX WITHOUT MARRIAGE IS ILLEGAL. That there is such a thing as statutory rape. WILLIAM PENN SAID SOMETHING Right is right, even if everyone is against it, and wrong is wrong, even if everyone is for it.
I did mean to shout.

I pray the LE followed regulations to the t. And that this case gets much more attention than Duke and UT.
All my opinion only.

 

[GlitchWizard]

People are hysterical, what difference does it make what age she was, she was still raped and there were still 10 of them. She could have been 40 would have made no difference. The fact that she is only 11 makes it that much more tragic because she is only a little girl.

There is a difference. The 40 year old might have thought it was a pretty good idea and then cried rape later when she sobered up and realized there were consequences to her consent.

The 11 year old might have been thinking she'd be "friends" with this group if she went along at first - who knows. I do know there is a HUGE GAPING difference in my mind between a kid who makes a stupid decision and one who wants nothing to do with it in the first place. 11 is kind of an on the line age for that wishy washy opinion of mine though - it would completely depend on the child. I do know there are some 11 year olds WAY more sexually aware and independant now than I was at 19 many moons ago.

 

[Jeana (DP)]

Consent matters a little, to me, and I think in law - there's a difference between molesting a compliant child, and forcibly molesting a protesting child. Neither crime is minor, but using force makes it even worse. The story makes it sound like she was not willing, so that is an additional charge, beyond statutory rape and child molestation.

I think under the age of 14 is where the cut off age is. This girl falls into that charge. (could be wrong, but that's what I had in mind).

 

[Jeana (DP)]

Yes, but wouldn't you want a steeper penalty for someone who forcibly, with violence rapes a 11 year old child, versus someone who does the same, but without force, without violence? Both crimes are high on the despicable scale, but still, doing it to an unwilling child is even worse than to one who has been persuaded, bribed or fooled into cooperating.

Its just additional charges as far as I'm concerned. Add battery to the rape charge and go for the DP.

 

[Jeana (DP)]

http://www.cnn.com/2006/LAW/07/11/girl.raped.ap/index.html


Arrests have been made:

FRESNO, California (AP) -- More arrests are likely in a rape case involving an 11-year-old girl who may have been attacked by as many as 10 men, according to police.

Two arrests have been made in the Saturday attack, and officials said they have identified eight others as persons of interest. Most or all are students at either Fresno City College or Reedley College, police said.

 

[GlitchWizard]

I have more forgiveness in my heart than anyone else in the world, for most things. But NOT when it involves kids.

 

[csds703]

Yes, but wouldn't you want a steeper penalty for someone who forcibly, with violence rapes a 11 year old child, versus someone who does the same, but without force, without violence? Both crimes are high on the despicable scale, but still, doing it to an unwilling child is even worse than to one who has been persuaded, bribed or fooled into cooperating.

Ten men against one child is forcible in my opinion. Even if the force was with manipulation rather than violence. The end result was a child was raped. I think this really makes me angry because there seems to be more crimes committed by young men who seem to have this mob mentality. Gang rapes, hazing incidents, with the most demented and humiliating acts. Who thinks this stuff up.

 

[GlitchWizard]

Who thinks this stuff up.

You're implying thought was involved.