What do you all think?
What do you all think?
That kid must be a tremendous douche bag.
It is my understanding that Hill did threaten and intimidate the victim before the incident, and I believe that in all probability, he did commit the offense as described with the intent attributed to the act. If the victim was on his stomach as stated, a "butt drag" would not be an appropriate wrestling maneuver (as his coach testified). Is he guilty of bullying? I think so. Is he guilty of sexual abuse? A fine line, but I would err on the side of caution and say no. Kids (like governors) do stupid things, and this, to me, isn't worthy of tainting the kid's record as a sexual offender. Was the punishment excessive? I'm not a school administrator, but I'd say it would depend on whether it was a first offense for Hill or if he's been in trouble before, and how much of a problem bullying is at that school. My 2 cents.
"Love never dies." The Beatles
I don't know the facts of the case, but here is just some legal background info to consider if the discussion continues.
Section 289 of the California Penal Code addresses the sexual penetration against a persons will. It is a felony punishable by imprisonment for 3, 6, or 8 years.
The elements are simple:
-any person who
-commits an act of sexual penetration
-against the will of another person
-accomplished by means of force, violence, duress, menace, or fear of
immediate unlawful injury.
At one time the elements also required "for the sexual gratification" of the suspect but that element appears to no longer exist.
Also, "sexual penetration" is defined as: the act of causing penetration,
however slight, of the genital or anal opening of any person for the purpose of sexual arousal, gratification, or abuse by any foreign object (known or unknown). A finger is a foreign object obviously.
I think it would be easier to come to a conclusion if we knew the students personally. One could really be a bully or one really could be a cry-baby. We don't know. So, based on this article alone, here are my thoughts.
The accuser said, and a teammate confirmed, that the accused made a threatening "gesture" during weight lifting. I have no doubt that it probably did happen, but why? The accused could have been antagonizing and the witness could have been in on it. Not saying that is what happened, but usually in high school, a friend of yours will take your side. And what is a threatening gesture? The finger? Shaking your fist? A mean look? I wish this story told what it was.
I also noticed that a parent, who didn't seem to have a horse in the race, asked if this would mean other sports are subject to such decisions. Such as a qb touching a center's butt. This parent was also a wrestling parent who seemed to be defending the accused.
The coaches were defending the accused over the accuser, too. So, this leads me to believe that it probably wasn't all that it was cracked up to be. Especially since no one witnessed it happen. Based solely on this article, I would say that it is nothing more than a "he said/he said" and the school over reacted. Heck, we will probably find out that the accuser lost his girlfriend to the accused and did this to get back at him, or some other insignificant hs situation, that all kids think is the end of the world.
Either way, the school will probably be sued no matter how they reacted to the accusations.