GUILTY LA - Brian Downing for sexual assault of LSU fan, New Orleans, 2012

[Kimberlyd125]

Editorial I found this morning:

Snipped:
What happened in the Krystal Burger on Bourbon Street after the BCS championship game wasn't a prank or fan behavior that got a little too wild: It was a crime.

Also snipped:
Police initially said that a thorough investigation would hinge on the victim's cooperation. A victim did come forward. The father of an LSU student contacted campus police on Tuesday to say that his son was the victim in the video -- information that was included in the arrest warrant. The student has not been publicly identified

Police were also able to identify two witnesses in the video who have been interviewed.


http://mobile.nola.com/advnola/pm_29228/contentdetail.htm?contentguid=cx4bNlVW


Good to know witnesses have been interviewed. Also interesting to find out the victim's father has contacted authorities.

 

[Kimberlyd125]

http://www.fox8live.com/news/local/...l-sexual/DxKezhs9sEycfccRYsvJQg.cspx?rss=2085

Lawyers: Downing charges demean 'actual' sexual violence victims

Lawyers for an Alabama man accused of committing sexual battery on an unconscious LSU fan after the BCS championship football game say it's mind-boggling that police and prosecutors would give substantial energy and attention to the matter.

:waitasec: Of course, what else would his attorney's say???
What Brian Downing did was sexual assault. Plain and simple.

JMO

*************************************************************************

http://www.shreveporttimes.com/arti...protest-prosecution-based-post-LSU-game-video

Lawyers protest prosecution based on post-LSU game video

"The 18-year-old victim was never physically harmed and, in fact, was so intoxicated that he would have had no recollection of the incident but for a video posted online," the lawyers wrote. "Any 'harm' is entirely post hoc and amplified by media."

:waitasec:
So since he the victim was drunk and would not remember it, it lessons the sexual nature of the crime?
So, a drunk girl who gets raped and may not remember it is not a victim?
What is wrong with this world?

 

[Kimberlyd125]

Opinion piece - makes good points IMO:

http://www.montgomeryadvertiser.com/article/20120130/OPINION01/201300302/Rants-Raves-Come-clean-Newt

RANT: For lawyers for the Alabama fan accused of committing sexual battery on an unconscious LSU fan following the BCS national championship football game. We can understand trying to defend their client, Brian Downing of Smiths Station, but they go too far.

New Orleans attorneys Miles Swanson and Michael Kennedy claimed in a statement that the 18-year-old victim "was never physically harmed" and would have had no recollection of the incident except for the video posted online.

First, defense attorneys could often claim there is no lasting "physical harm" from many forms of sexual assault, but that makes such assaults no less repugnant and deserving of harsh punishment. Second, the claim that the victim could not recall the incident except for the fact that it was posted where hundreds of thousands of people saw it is ridiculous.

Downing deserves his day in court, but these lawyers should be ashamed of implying that what he is accused of doing is not a "real crime." We doubt if they would feel that way if it were done to them.

 

[TracyLynnS]

This man is 32 years old, had no problem (and actually appeared to enjoy) exposing his genitals in public, directly in front of many people who he knew were recording his actions, then very obviously sexually assaulted an incapacitated victim. That makes me wonder what else he's capable of and what other criminal activity he may have been involved in.

 

[gxm]

This man is 32 years old, had no problem (and actually appeared to enjoy) exposing his genitals in public, directly in front of many people who he knew were recording his actions, then very obviously sexually assaulted an incapacitated victim. That makes me wonder what else he's capable of and what other criminal activity he may have been involved in.

ITA. He was flashing for quite a while and seemed to enjoy it. He also seemed to enjoy sexually degrading the victim. Disgusting. And IMO way beyond "prank" level.

 

[jjenny]

The argument that if the victim doesn't remember it its not a crime makes me wonder what the **** Andrew Luster is doing in jail.

 

[Kimberlyd125]

I heard on my local news this morning that Brian is headed back to NOLA this week for a hearing.

I can't find a link yet.

 

[Kimberlyd125]

http://www.wafb.com/story/17198346/bama-fan-accused-of-sexual-battery-on-lsu-fan-heads-to-court

Bama fan accused of sexual battery on LSU fan heads to court

Today at 10:00
So it's 10:43 now. I'll be looking for updates.

 

[Kimberlyd125]

http://www.wafb.com/story/17198346/...ccused-of-sexual-battery-on-lsu-fan-postponed

Hearing for Bama fan accused of sexual battery on LSU fan postponed

The hearing was originally set for 10 a.m. A new date for the hearing was not set.



http://m.therepublic.com/view/story/6e7c20e6919942b8b23c7d22c866505b

An Orleans Parish prosecutor says his office hasn't decided whether to charge an Alabama fan accused of simulating a sex act over the head of an apparently unconscious Louisiana State University fan after the BCS championship football game.

 

[Kimberlyd125]

http://www.wafb.com/story/18502377/grand-jury-indicts-bama-fan-accused-of-sex-act-on-lsu-fan

Grand jury indicts Bama fan accused of sex act on LSU fan

BATON ROUGE, LA (WAFB) -
WWL-TV in New Orleans reports the Alabama fan accused of performing a sex act on a passed out LSU fan at a fast food restaurant has been indicted by a grand jury.

The grand jury formally charged Brian Downing, 32, of Smiths Station, AL with sexual battery and obscenity.

Sexual battery is a felony.


:smile:

 

[elainebenice]

As an Auburn fan and an attorney, I have some opinions on this....

What Downing did to the passed out LSU fan was clearly a battery and his exposure of his genitals was clearly some sort of obscenity (not sure what exact charges are available under LA law for this type of act), BUT I have to admit that I do not believe what occured was a SEXUAL battery. I understand there will be plenty of people who disagree with me, but that's just my opinion. I'm not familiar enough with LA laws to know the options available to the DA as far as possibly charges in this situation or the exact language of their sexual battery law, but I just don't see this as a sexual act.

 

[Kimberlyd125]

As an Auburn fan and an attorney, I have some opinions on this....

What Downing did to the passed out LSU fan was clearly a battery and his exposure of his genitals was clearly some sort of obscenity (not sure what exact charges are available under LA law for this type of act), BUT I have to admit that I do not believe what occured was a SEXUAL battery. I understand there will be plenty of people who disagree with me, but that's just my opinion. I'm not familiar enough with LA laws to know the options available to the DA as far as possibly charges in this situation or the exact language of their sexual battery law, but I just don't see this as a sexual act.

Rubbing your "junk" on someone is sexual battery IMO.

I think the charges fit.

JMO

 

[Kimberlyd125]

From the opening post of this thread:

Towards the end of the video, an Alabama fan takes his genitals out and sticks them in the LSU fan's face. The LSU fan doesn't respond.

***Clearly sexual battery IMO.

 

[elainebenice]

Ok, I just looked up the LA statute and it fits under that statute, but I still personally don't think of this type of act as a "sexual" crime. JMO of course....

LSA-R.S. 14:43.1
A. Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when any of the following occur:
(1) The offender acts without the consent of the victim.
(2) The act is consensual but the other person, who is not the spouse of the offender, has not yet attained fifteen years of age and is at least three years younger than the offender.
(3) The offender is seventeen years of age or older and any of the following exist:
(a) The act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
(i) The victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.
(ii) The victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.
(b) The act is without consent of the victim, and the victim is sixty-five years of age or older.

 

[elainebenice]

From the opening post of this thread:

Towards the end of the video, an Alabama fan takes his genitals out and sticks them in the LSU fan's face. The LSU fan doesn't respond.

***Clearly sexual battery IMO.

I understand very clearly the facts of the incident, but what neither one of us is using to form our opinions is the actual language of the LA statute, which is why I just looked it up and posted it.

 

[Kimberlyd125]

I understand very clearly the facts of the incident, but what neither one of us is using to form our opinions is the actual language of the LA statute, which is why I just looked it up and posted it.

I looked it up earlier too.
It fits.

 

[elainebenice]

I looked it up earlier too.
It fits.

Well, alrighty then. I'm sorry I had no way of knowing you had already loooked it up and were basing your "opinion" on the actual law. That's why I stated that I hadn't read the statute and then posted it once I did. Again, I didn't say that I thought what this idiot did wasn't a crime, just that in my OPINION it wasn't a "sexual" crime based on my personal definition of a "sexual" crime. My personal opinion and definition has nothing whatsoever to do with what my legal opinion is on the applicability of the LA sexual battery statute in this case. I'm assuming you're an LSU fan?

 

[Cappuccino]

I'm a fan of neither, I don't even know what sport we're talking about. I can't see how anyone could deny that this was sexual battery though - elainebenice, what is your personal definition of a sexual crime?

 

[Kimberlyd125]

Well, alrighty then. I'm sorry I had no way of knowing you had already loooked it up and were basing your "opinion" on the actual law. That's why I stated that I hadn't read the statute and then posted it once I did. Again, I didn't say that I thought what this idiot did wasn't a crime, just that in my OPINION it wasn't a "sexual" crime based on my personal definition of a "sexual" crime. My personal opinion and definition has nothing whatsoever to do with what my legal opinion is on the applicability of the LA sexual battery statute in this case. I'm assuming you're an LSU fan?

As a matter of fact I am. But that has nothing to do with why I think it's sexual battery.

I would feel the same way if the roles were reversed and a Tiger fan did that to a Bama fan here in my great state.

I'm a human. I think all humans have the right to not have someone put their genitals in your face.

No matter what colors your wear on Saturday.

 

[Kimberlyd125]

I'm a fan of neither, I don't even know what sport we're talking about. I can't see how anyone could deny that this was sexual battery though - elainebenice, what is your personal definition of a sexual crime?

I agree.
Of course it's sexual battery.
No doubt about it.

It was football fans. It happened after the BCS Championship game in New Orleans.