Youth Radio - Topic: gang rape

ACLU Reacts to Witness Responsibility Act Proposals

denise — Thu, 21 Jan 2010 18:05:38 -0600

Since the rape of a 16-year-old girl in Richmond, local politicians have submitted two proposals that would change the age of the witness responsibility act. Currently the act makes it a crime to not report attacks committed on kids under 14 years of age.

Senator Leland Yee proposed extending the age of requirement to 18, while Assemblyman Pedro Nava’s proposal does away with the age limt altogether. The American Civil Liberties Union (ACLU) opposes Nava’s proposal saying that it would make it a crime to be at the wrong place at the wrong time.

Youth Radio spoke to Valerie Small Navarro, ACLU Senior Legislative Advocate about Nava’s proposal.

Youth Radio: Why is the ACLU against Nava's proposal?

Navarro: Current law makes it crime not to report to police certain crimes against young people under 14 years of age. The Nava proposal would make it crime not to report certain crimes against people of any age.

Americans value our liberty and the limitations on government. Our criminal justice system is designed to determine wrongdoing and wrongful intent. This bill, however, does not require either wrongful intent or a wrongful act. Someone who is merely at the wrong place at the wrong would be considered a criminal if they fail to report a crime they witness.

Youth Radio: How does this proposal affect people's rights?

Navarro: [It] makes it a crime to be at the wrong place at the wrong time if you fail to report what you have seen. This bill does not consider that people may have very good reasons not to report crimes. For example, some communities fear that law enforcement will [not] be able to protect them if they report on certain gang members. People may be traumatized by what they've seen. Immigrant communities may fear that contacting law enforcement agencies will result in being reported to immigration officials.

Youth Radio: How does the ACLU feel about Senator Yee's proposal, in which he extends the age of protection to 18?

Navarro: It is narrower than the Nava proposal (it requires people to report specific crimes against people under age 18), But, we still oppose any further criminalization of people who may be at the wrong place at the wrong time.

Youth Radio: Is Nava's or even Yee's proposal going too far? Does it run the risk of criminalizing vulnerable people who just happened to be at the wrong place at the wrong time?

Navarro: Yes, both bills go too far and they don't necessarily achieve the goal of increasing people's willingness to report crime. Criminalizing more people in this way does not improve public safety.

Youth Radio: Does the witness responsibility act need revision? If so what would you like to reflect?

Navarro: We do not believe this law can be fixed. Instead, we need to consider other options to encourage people to report crimes. To improve public safety we need a series of steps:
1. Individuals who report crimes must be truly protected.
2. Law enforcement agencies must work with communities to build and strengthen relationships.
3. Low-income communities need resources, such as increased employment opportunities so that people feel less marginalized and more willing to report crimes.

Encouraging individuals to report crimes is an important societal goal. However, California needs to take serious steps and actually make it safe for individuals and communities to report crimes rather than make criminals out of innocent bystanders who fail to report crimes.

Previously:

Richmond Gang Rape: Seventh Person Arrested

denise — Wed, 20 Jan 2010 13:02:20 -0600

Seven people have been arrested in connections to the Richmond gang rape back in October. The seventh suspect, 43 year-old John Crane, turned himself in on Tuesday night after an arrest warrant was issued for him. Police say he raped the girl while she was unconscious.He was booked on felony sexual assault in connection to the brutal gang rape and beating of a 16-year-old Richmond high student.

Three juveniles have been charged as adults with rape by a foreign object while acting in concert.

"Ortega has been charged with forcible rape while acting in concert, assault with force likely to cause great bodily injury, and robbery. Montano has been charged with forcible rape while acting in concert and rape by a foreign object while acting in concert. Torrentes has been charged with rape by a foreign object of a person unable to resist due to intoxication, rape by a foreign object while acting in concert and rape while acting in concert..."

(via KTVU)

Previously:

Witness in Richmond's Gang Rape Missing

denise — Wed, 23 Dec 2009 12:50:04 -0600

21-year-old Salvador Rodriguez was one the young people first taken into police custody in connection to the Richmond gang rape, but he was later released by police. Now Rodriguez, a key witness to the rape, is missing.

Rodriguez has been missing since Dec 6th. Family members of Rodriguez say that he received death threats after speaking to ABC 7 news. He told reporters he was skateboarding the night of the incident and saw the rape take place. He said he tried to help the victim after the assault was over. Richmond Police Sergeant Bisa French told KCBS news that they are concerned and that searching for Rodriguez is not easy because he does not have a permanent residence.

Check out the interview Rodriguez did with ABC 7 news. The interview also includes another witness—who doesn’t show his face because he is afraid something may happen to him.

Previously:

If You Witness a Crime, You May Do the Time

denise — Thu, 17 Dec 2009 17:01:13 -0600

State Assemblyman Pedro Nava, Democrat from Santa Barbara is sponsoring legislation that would make it a crime to not report a violent attack if you witness it. This proposal was inspired by the gang rape that took place in Richmond, CA in October where almost twenty people stood around and watched a girl get raped, beaten, and robbed without calling the cops. Currently the law requires people to report a violent crime against a 14-year-old child. The law was unenforceable in the Richmond case because the victim was a 15-year-old.

According to Nava, the new law would require people to report any violent crime regardless of age. The penalties would be the same as the current law-- six months in jail and a fine of $1,500. Nava's proposal is expected to be looked at by the assembly committee as early as January. Nava was quoted by The San Francisco Chronicle as saying, "I cannot imagine any reasonable opposition to it - when you think about it, spectators at a dog fight face heavier penalties than witnesses (to a rape) do under the current law."

I still find it hard to believe though a child is still under their parents' supervision until the age of 18, our current law only protects kids under 14.

Previously:

Students Create a "Pro-Rape" Group On Facebook

denise — Tue, 10 Nov 2009 16:38:02 -0600

SYNDNEY, AUSTRAILIA-- A group of former and current students from the University of Sydney created a “pro-rape” group on Facebook. The group was created under the sports and recreation section on Facebook. The group describe themselves as “anti-consent.” The group’s page was taken down in October but had been up and running since August.

“The male students, mostly from the elite, all-male St Paul's College, initially ensured the ''Define Statutory'' group had an open, public profile, and proudly displayed their membership on their personal Facebook pages.” via The Sydney Morning Herald

It’s disappointing to hear there are actually young people bold enough to display these feelings towards rape. Facebok allows users to stay connected and inform people throughout the world, but is this taking that concept to the extreme?

This year we’ve learned about a 15-year-old being raped, beaten, robbed by as many as 10 people while more than a dozen other watched and captured the raped on their phone—without calling 911.

I’m not sure what part of rape is intriguing to those students but it’s definitely something it requires some kind of therapy.

Previously:

Shocking Comments from Richmond High Students about Gang Rape

denise — Mon, 09 Nov 2009 17:11:27 -0600

Students at Richmond High, where a 15-year-old girl was gang raped, are condemning their peers' comments that "it’s her fault.”

At a vigil for the victim of the October 24th rape and beating, some students, including young women, hinted that they fault the victim because of rumors about her sexual history. Some students, like 17-year-old Luis Gastelum said if a girl, “...goes to a dark alley, you’re basically, not asking for it, but something was gonna happen." Sixteen-year-old Briseida Rodriguez also questioned the circumstances leading up to the rape. “Why would she be over there with all them guys? Knowing that the homecoming is in the gym, not over there, so that’s why I think it’s her fault.”

And they're not only faulting the victim for her own troubles, but they're pointing to the entire incident as one that will put a damper on their high school experience. Rodriguez said her parents have become more strict after the incident, and she feels it's unfair. Fourteen-year-old Perla Posadas' parents are also restricting her freedom because of the incident. "It doesn’t feel good because these are my school dances and to not be able to attend them, that wouldn’t be cool with me.”

Other students, like sophomore Andre Taylor, challenged these views. "Someone was talking about it in my second period class. A girl was saying she deserved it and I actually started arguing with her—and this was not the girl to argue with. It was surprising to me that people think it was her (the victim's) fault. Maybe she had her own faults in it, but she didn’t ask to be raped.”

Senior Abel Pineda said the student community used last week's vigil as a way to stand up against all the negative perceptions about Richmond High and its students.“We’re here as a community to start the healing process. The situation did happen on our campus, in our community. It affects us on a national, global scale.”

The rape happened in a darkened area of the campus where there were no security lights and security cameras were broken. Students say those problems have now been fixed, and that school officials are looking into building a fence encircling the campus.

Richmond is a culturally diverse city of more than 100,000 people in Northern California. According to Area Connect, Richmond’s crime level is worse than the national average. The site reports that in 2006 Richmond’s murder toll was 42 while the national average was 7, rapes in Richmond reached 41 while the national average was 33, and aggravated assaults totaled 637 while the national average was 336.

These numbers may be shocking, but as a person who grew up in Richmond, I can say, crime is like having breakfast -- it’s an everyday thing.

Previously:

Richmond High Students Talk About Gang Rape

denise — Tue, 03 Nov 2009 13:26:08 -0600

On October 24th a 15-year-old student from Richmond High was ganged raped, brutally beaten, and robbed after a homecoming dance. According to Richmond police the victim was attacked by as many as 10 people while a dozen others watched. After a number of arrests police have a seventh suspect, a 21-year-old man, into custody. Four teenagers have been charged in connection with the gang rape. San Pablo residents Cody Ray Smith, 15, and Ari Abdullah Morales, 16; Pinole resident Marcelles James Peter, 17; and Richmond resident Manuel Ortega, 19, all face life in prison if convicted on all counts.

Previously:

We spoke to some of the students at Richmond high and they said security at the school has increased since the attack. The school has installed lights in the location where the incident took place. In the video below a small sample of students share their thoughts about how and why the assault came to pass, and how the school and their parents have reacted in the aftermath.

Update on Richmond High Attack

denise — Thu, 29 Oct 2009 15:43:19 -0500

Lt. Mark Gagan, spokesperson for Richmond police, says they have arrested five people—two adults and three minors, in the attack of a 15-year-old Richmond High student. Four of those arrested will be charged as adults. The girl was gang raped and beaten for almost two-and-a-half hours. She was left unconscious under a bench a little before midnight. Lt. Gagan also added that as many as ten people were involved in the assault while another ten people watched without calling police. The victim was released from the hospital on Wednesday.

Marin Trujillo, district community engagement and media spokesperson, says Richmond High is working closely with Richmond police to ensure their students are safe. Trujillo says Richmond High will continue to go through with its plans to hold a dance this weekend. To ensure their students' safety, faculty members, local police officers, and volunteers are planning to cover more areas surrounding the campus. Trujillo says, “There will be a drop off and pick up zone to ensure kids are being picked up.” Trujillo also mentioned they will be covering more ground and faculty members and police officers won’t leave campus until the campus is clear.

According to Trujillo, Richmond High has never had any problems like this occur before. “The place where this horrible incident took place was in a dark area, not accessible by students,” Trujillo says, emphasizing that students needed to work hard to get to that location. By the summer Richmond High will have a fence around the school making it a closed campus. The school is also looking into installing 125 digital cameras that faculty members and police officers have access to.

When students arrived at school on Monday, counselors were available to them. Trujillo says students are being proactive and were the ones to request Wednesday’s press conference. Trujillo says, “Students are tired of how the media had been portraying them and their school.” He says students emphasized that this is not a local issue, but a national issue. Parents and community members will meet this Saturday at Richmond High to discuss the steps the school needs to take and also address some of the concerns they may have.

Get well cards or financial help for the victim's family can be sent to the school located at 1250 23rd St. Richmond, CA 94804. For monetary support, make the check out to Richmond’s Student Fund. To ensure the money goes to the family, write at the bottom of the check: “sexual assault victim.”

Previously:

Two Suspects In Custody For Richmond Gang Rape

noah — Tue, 27 Oct 2009 12:40:41 -0500

RICHMOND, CA-- Two suspects are currently in custody for participating in the gang rape of a 15-year old Richmond High School student outside her homecoming dance. Police arrested a 15-year old boy who is also a student at the school late Monday. He joins a former student, 19-year old Manuel Ortega, who was arrested at the scene and is suspected of participating in the assault with up to five others.

(via SF Gate)