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marmar

(77,086 posts)
Wed Feb 13, 2013, 05:50 PM Feb 2013

15-Year-Old Girl Raped, Police Dismiss the Case Because Victim and Attackers Have "Low IQs"


AlterNet / By Laura Gottesdiener

15-Year-Old Girl Raped, Police Dismiss the Case Because Victim and Attackers Have "Low IQs"
How police treat rape in America.

February 13, 2013 |


In some of the most disturbing and sickening news of the day, New York state police have decided that a 15-year-old girl who was sexually assaulted by three boys was in fact not sexually assaulted because both she and the boys are mentally handicapped.

In May of last year, three boys attacked a 15-year-old mentally challenged student at Martin De Porres Academy, a school for students with special needs in Long Island. According to the police report, one of the boys repeatedly banged her head against the table while the other two forced her to give them oral sex and then tried to have forcible anal sex with her. In interviews with the police, the girl explained how she repeatedly said “no” and “stop” but that the boys continued to assault her. When she came home from school that day, her mother noticed that she had blood on her underwear.

But the Nassau County Police Department recently decided to drop the case after learning that the boys also had learning disabilities and mental handicaps, which apparently made the situation far too complicated for the police department.

The department’s spokesperson told the New York Daily News , “It was more of a consensual situation with their mental capabilities.” ...................(more)

The complete piece is at: http://www.alternet.org/news-amp-politics/15-year-old-girl-raped-police-dismiss-case-because-victim-and-attackers-have-low



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15-Year-Old Girl Raped, Police Dismiss the Case Because Victim and Attackers Have "Low IQs" (Original Post) marmar Feb 2013 OP
That's truly fucked up. backscatter712 Feb 2013 #1
The flipside of which... jberryhill Feb 2013 #4
Sorry, but no means no. Sivafae Feb 2013 #8
Well, even if you threw out the legal threshold for rape Blue_Tires Feb 2013 #14
“It was more of a consensual situation with their mental capabilities.” Scootaloo Feb 2013 #2
And who was watching after these students? get the red out Feb 2013 #3
The article says a teacher DevonRex Feb 2013 #15
unbelievable. Here's some even scarier statistics... Sivafae Feb 2013 #5
If the boys had a similar level IQ then this decision is the right one dsc Feb 2013 #6
Actually, who should be charged are the caregivers at this Academy...nt joeybee12 Feb 2013 #7
I agree. surrealAmerican Feb 2013 #9
Yup...nt joeybee12 Feb 2013 #11
Another glorious victory for rape apology. bullwinkle428 Feb 2013 #10
That is gonna result in a huge settlement. DevonRex Feb 2013 #12
Any mention of the low IQ's of the police? Glassunion Feb 2013 #13
I am not surprised. nadinbrzezinski Feb 2013 #16

backscatter712

(26,355 posts)
1. That's truly fucked up.
Wed Feb 13, 2013, 05:53 PM
Feb 2013

This girl was apparently so cognitively disabled that she's unable to give consent, so any sexual contact with her is essentially rape.

WTF?

Sivafae

(480 posts)
8. Sorry, but no means no.
Wed Feb 13, 2013, 06:09 PM
Feb 2013

and they know what no means.

I don't, however, support throwing them in jail for this.

My concern, because of the statistics I posted lower down in this thread, is that perhaps there are reasons why they are exhibiting this behaviour, and THAT needs to be investigated.

Blue_Tires

(55,445 posts)
14. Well, even if you threw out the legal threshold for rape
Wed Feb 13, 2013, 06:44 PM
Feb 2013

Isn't this at the bare minimum a pretty clear-cut assault? For special-needs teens, this attack shows a good amount of premeditation...

 

Scootaloo

(25,699 posts)
2. “It was more of a consensual situation with their mental capabilities.”
Wed Feb 13, 2013, 05:55 PM
Feb 2013

Excuse me, Mr. police officer man, but... WHAT THE FUCK IS WRONG WITH YOU?!?!?!?

How does that even... who could... I feel dizzy.

get the red out

(13,468 posts)
3. And who was watching after these students?
Wed Feb 13, 2013, 05:56 PM
Feb 2013

If these kids are beyond being able to know right from wrong who was in charge of watching over them so abuse didn't happen? Where were they?

Those boys do not belong in any situation where they have access to someone they can sexually abuse. Low IQ does not make someone a rapist. They need to be addressed and never given opportunity to do harm again.

DevonRex

(22,541 posts)
15. The article says a teacher
Wed Feb 13, 2013, 06:52 PM
Feb 2013

That was present was fired. Maybe he/she was supposed to be there and went to the restroom. Or maybe just couldn't stop it and panicked. Who knows. Obviously something went terribly wrong. I don't get why people assume that the mentally disabled don't have the same biological urges as every other human being, for one thing. And if their condition is so severe as to preclude the ability to form intent then it follows that a much greater degree of caution and security must be exercised, especially in a coed situation. Our duty is to protect them and nurture them, give them the best lives they can have.

Sivafae

(480 posts)
5. unbelievable. Here's some even scarier statistics...
Wed Feb 13, 2013, 05:57 PM
Feb 2013

Wiki:

"According to research, more than 90% of people with developmental disabilities will experience some form of sexual abuse at some time in their lives. 49% will experience 10 or more abusive incidents."

dsc

(52,166 posts)
6. If the boys had a similar level IQ then this decision is the right one
Wed Feb 13, 2013, 06:01 PM
Feb 2013

as they couldn't form criminal intent.

surrealAmerican

(11,362 posts)
9. I agree.
Wed Feb 13, 2013, 06:11 PM
Feb 2013

If the students cannot be held accountable for their actions, they obviously needed far more supervision than they were getting.

DevonRex

(22,541 posts)
12. That is gonna result in a huge settlement.
Wed Feb 13, 2013, 06:43 PM
Feb 2013

The boys couldn't have formed intent (apparently, but that will have to be proven by outside experts) but that means that after a certain age they should never be allowed to have dominance over girls. Maybe not even have contact with girls in the school if there isn't adequate security provided. Supervision may not be enough in a situation like this.

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