If a female victim of rape is a “whore”, what is the appropriate word for her rapists? If she deserves to be called a derogatory name because she had a sexual experience with one or more men, what is the term for a man who forces himself on an unconscious under-age girl? If the sexual experience he has constitutes rape, what is the word that appropriately describes him as a result of the despicable atrocities he committed on his victim?

Here is the story.  Here is the Young Turks video of the event and their commentary.

 

 

The two students are charged with rape and will be tried in juvenile court. Their attorneys have denied the charges of rape. Of course the girl won’t be able to testify about the identity of her rapists, if she was unconscious at the time. Of course the men involved were young enough to be tried as juveniles, but old enough to repeatedly rape a young girl. The lesson seems to be that if you are going to rape somebody, do it when you are young. However the two football players will be tried for their crimes. The bigger controversy surrounds the student who made the video of the girl. The suggestion is that he committed no crime. He reportedly was not present at the time of the rape. Yet, he is quoted as saying things like the victim is dead. He mentions that someone “pissed on her” so she must be dead, and “she is so raped right now.”

Ohio laws regarding Obscenity apply to this case and to the video made by Michael.  There is even an Ohio statute regarding obscenity involving a minor.  Michael should be tried under both criminal statutes, but the prosecutor is taking the position that no criminal statute has been violated. The Ohio obscenity statutes describe the conduct of Michael in making this video and proscribe criminal sanctions for his conduct.

The attorney for the young man who made the video has issued a statement, that reflects an intolerable attitude by the attorney and the family of “Michael.” He said:

“With sober reflection, he (Michael) is ashamed and embarrassed,”

“He sincerely regrets his behavior and the effect it has had on all parties involved, especially his family. He was not raised to act in this manner… it really is just poor judgment.”

Poor Michael. He is feeling ashamed and embarrassed! People “regret” calling someone a moron. Someone might have used “poor judgment” when they stayed out past their curfew. To say that he was “not raised to act in this manner” might be appropriate if Michael had made a disparaging remark to one of his teachers. However to make such a lame apology for such outrageous behavior makes the video even more offensive. It’s as if, in hindsight, with reflection and advice of his family and attorney, Michael now sober, knows that what he did and said might be embarrassing to his family. What a travesty for the family that they might be embarrassed! It’s as if Michael regrets the inconvenience for his family rather than regret for his outrageous remarks toward the victim of such a violent assault.

Justice Potter Stewart of the U. S. Supreme Court explained that obscenity is not protected speech under the First Amendment. He explained that there was not a test he could set forth to define obscenity, but he explained that “I know it when I see it.” The remarks of Michael about the victim of this rape are the most vile form of obscenity and that sick feeling you feel when you see and hear this video bring to mind the comments of Justice Stewart. Michael should be charged under the Ohio obscenity statutes for making this vile and unforgivable video of this underage victim. To call Michael’s video “obscenity” would be kind.

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This post has been forwarded to the prosecuting attorney in the Steubenville case.

 

 

 

 

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