Pinching or Sexual Abuse?

Update 8/20/07:
It's over! The judge has dismissed all remaining charges for the two boys accused of swatting the behinds of fellow classmates. This six-month insanity has finally ended. The four girls listed as victims by the prosecution had asked the judge to drop the charges against Cory Mashburn and Ryan Cornelison.

The News-Register newspaper reported that a "civil compromise" reached by prosecutors and the defense called for both boys to apologize, to pay each of the four girls $250 and to complete a "boundaries education" program.

Update 8/13/07:
Presiding Judge John Collins has dismissed misdemeanor sex abuse charges for the two kids, which means both would no longer face the prospect of lifetime registration as sex offenders.

However, he let the sex harassment charges stand so the two 13-year old boys will have to go to trial.

Today, the judge will decide whether to throw out the statements made by the boys when they were first questioned by police. The defense claims the boys were improperly questioned and did not understand their rights or realize how much trouble they were in.

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I believe we are all capable of using some degree of common sense as our kids grow from kindergarten up to graduation from high school. It is complete nonsense to consider politicians suggesting that we teach sex-ed to kids that have not started elementary school. It is also ridculous for a school to consider a boy hugging a girl some form of sexual harassment. We have seen reports of schools going overboard for the most innocent things. One post I wrote about was a a school considering criminal charges against a boy for kissing a girl without permission in elementary school.

There are times where the good old-fashioned trip to the detention office seems quite sufficient. Unfortunately, it seems we believe that such children are corrupted to the core and deserve civil and criminal punishment. It is quite idiotic when you see an adult who was convicted of sexual molestation and is required to register as a sex offender, but then you see a DA doing the same thing to a 7-year old boy for kissing a girl without permission.

If there was a school fight, usually the teachers or aides would escort them to the principal's office and they would be given detention or suspension. Today, we are likely to witness police being called to the school, the kids are handcuffed and brought to the police station, and of course the usual civil and criminal lawsuits. It is just getting too complex. Honestly, there are times where it can be handled within the school and there are times where it is justified to call the police to handle incidents that are beyond their control.

This takes me to an incident at Patton Middle School in McMinnville, Oregon.

Last February, Cory Mashburn and Ryan Cornelison, both 13-years-old, were caught in the halls slapping girls on the rear end. Yes, it was inappropriate, and yes, the boys deserved to be punished. A trip to the principal's office and getting some sort of detention or limited suspension seems to be the expected punishment. However, this did not happen.

Police were called to the school and the two boys were arrested and handcuffed. They spent five days at a juvenile detention facility. Five days! By this stage, perhaps the school just wanted to give them a hard lesson, but it did not end that way. Then the boys were charged with several counts of felony sex abuse. The charges were then reduced to third-degree sexual abuse (5 counts) and harassment (5 counts). If convicted, they would spend years in juvenile detention or under supervision, and may also require sex offender registration.

Felony sex abuse? For slapping a girl's butt? I would kinda figure it would involve some sort of molestation, dirty language about their bodies, groping, or stealing their underwear and wearing them. Could a person really believe that a convicted sex offender was found guilty for slapping a girl's butt?

As for the swatting of bottoms, it actually was considered normal. While the behavior is against school policy, both boys and girls do slap each other butts as a "common form of greeting," or as one girl is said to have described it, "a handshake we do." I am sure the school knew this was happening and did not do anything substantial to curtail it. Now we have to wonder that if the school did crack down on this earlier, then this incident would not have happened or the level of punishment would be expected. Quite a reactive reaction, instead of being proactive about it.

So as it stands, Cory and Ryan face the prospect of 10 years in juvenile detention and a lifetime on the sex offender registry. The trial starts August 20. Yet would a jury consider this inappropriate horseplay or criminal nature? Why did these two get such a harsh form of punishment? It is found that other boys at the school came away from the incidents with misdemeanor judgments. Did they just drew the unlucky card in the deck?

Another question is posed to the District Attorney Bradley Berry. Are you seeking higher public office? The governorship? Perhaps maybe U.S. Senator? Maybe a chance to show the people of Oregon state that you are cracking down on misappropriate behavior?

First, it was the felony charges. Court papers allege that the boys touched the buttocks of several girls, including one girl's breasts. But at a court hearing, two of the girls recanted their testimonies and wanted to testify on behalf of the boys. Both girls stated that they felt pressured to give misleading statements. The judge released the boys but barred them from the school and to be under constant adult supervision. Was he afraid of them fleeing the state or even the country? Later, the DA dropped the felony charges, but he stayed with the 10 misdemeanor charges of harassment and sexual abuse. "We are seeking change in conduct," he said.

Berry has offered a plea where the boys will be given probation, but even that is not acceptable to Cory and Ryan's parents. While probation sounds lenient, it's not. Under these terms, the boys would not be allowed to have sexual contact with anyone or any contact with younger children. For Cory, it would mean he cannot be left alone with his younger siblings. Basically, it would give everyone a wrong impression if they did not have all the facts.

This does not mean that the girls that were touched inappropriately should be overlooked. Such action is not proper and it must be addressed, but the experience of being arrested at school, then five days later in juvenile detention is punishment enough. I would gladly believe that the two boys get the idea that slapping butts is bad. This is not the time to go about destroying their childhood.

Did the girls want to see the two boys paraded into a courtroom in shackles and jail outfits?

Did the girls want to see them found guilty by a court of law?

Did the girls want the boys registered as sex offenders so they cannot be in contact with any females as well as their younger brothers and sisters?

Did the girls want the boys' social lives destroyed?

I would bet the answer would likely be no. As usual, we must thank our educators and the system for deciding that this incident shall be considered the most dangerous form of sexual abuse ever committed in a school.

Everyone could have saved time and money by arranging school meeting between educators and parents to stop the practice of slapping behinds and touching private parts. All of this could have been handled reasonably.

I ask that the girls and families that are pursuing this case with the DA to stop this. I want you to ask the DA to drop all charges. Let the school decide the punishment. Suspension or a reprimand in the student's file is appropriate. Then work with the school to stop this silly practice.

To District Attorney Bradley Berry, drop the case. How can you equate this incident with sex offenders who kidnap girls off a sidewalk and forced them into sexual contact? Does the punishment fit the crime? This incident does not fit. Do not destroy two boys' lives because of this. I really doubt you can list this as a major accomplishment of your term as D.A.

Richard Ofshe, author of "Making Monsters: False Memories, Psychotherapy, and Sexual Hysteria" said "The problem is that, like most good things, they can go to the extreme, and the extreme has been reached in several ways. The whole question of what constitutes sexual abuse gets defined and redefined to the point where it's absurd."

Another mess is that two of the alleged victims are planning to sue the school district because they face "significant expenses" for counseling to deal with the "sexual harassment and abuse."

We might as well close down every public school in the country, create single-sex schools, implement no touching policies, so no hugging or clapping each other hands. Sports will be cancelled because football involves pushing so that may considered to be abuse. No more celebrations and no more cheering. We can get sued for pretty much anything nowadays.

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ABC News - Boys Face Sex Trial for Slapping Girls' Posteriors

Neighbor Talk - The McMinnville Two

The Oregonian - Unruly schoolboys or sex offenders?