Youth Radio - Topic: richmond high

Witness Responsibility: It's A Crime Not To Tell

denise — Thu, 21 Jan 2010 18:36:34 -0600

The rape of a 16-year-old Richmond High student has led California politicians to take action, proposing bills that would revise the Witness Responsibility Act. Currently, the law requires people to report any violent crime committed against a person 14-years-old or younger.

To get both sides of the issue we spoke first with Pedro Nava, a Democratic Assemblyman from Santa Barbara wants to revise the Witness Responsibility Act making witnesses responsible for reporting crimes against a person regardless of age

First of all, if you’re a witness are you supposed to guess whether or not the person you see getting attack is 17 and a half, are you supposed to guess if they’re 18 or 19 and therefore you don’t have to make a call?- Pedro Nava, (D) Santa Barbara

We followed up with the American Civil Liberties Union's Senior Legislative Advocate. The ACLU opposes Nava’s proposal, and holds that the Witness Responsibility Act is a bad idea as a whole.

[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. - Valerie Small Navarro, ACLU

Check out the full interviews with Assemblyman Pedro Nava and ACLU Senior Legislative Advocate Valerie Small Navarro

One-On-One with Aseemblyman Pedro Nava

denise — Fri, 15 Jan 2010 19:26:03 -0600

In the wake of an attack on a Richmond High student, local politicians have proposed bills emphasizing witness responsibility. Currently, the law requires people to report any violent crime committed against a person 14-years-old or younger. Now, Pedro Nava, a Democratic assemblyman from Santa Barbara wants to revise the Witness Responsibility Act making witnesses responsible for reporting crimes against a person regardless of age. The penalties in his new proposal would be the same as they are under current law—six months in jail and a fine of $1,500 if the witness did not comply with the law.

Youth Radio spoke to Nava about his new proposal.

YR: What is most important for people to know about the Witness Responsibility Act?

Nava:…All that my bill does, it’s simply say, that if you are witness to a murder or rape or any type of crime like that you have an obligation to report the crime. Existing law already has a duty for a witness if the victim is under 14 years of age and my perspective on that is, you still feel the pain and fear and the isolation if you are 15, 16, 18, 65, 75 age doesn’t really matter. I think the important part is, if you see a victim of a rape or murder, get the phone and report it to the police.

more on Nava after the jump

YR: Why did it take an incident like Richmond’s to realize putting an age limit is not the best type of law for these circumstances?

Nava: The genesis of the current law was the rape and murder of an 8-year-old girl in Las Vegas and when that was happening in a bathroom there was a witness who was a friend of the attacker who knew what was going on and who did nothing about it. And so I think when California was thinking about how to respond to this they needed to reach some sort of compromise and some how they came to the age of fourteen. I think making that kind of determination is arbitrary. There doesn’t seem to be any other requirement that relates to the age of 14. You would have thought that if they were concern about minors they would have passed a law that protected minors up to the age of 18 but they didn’t do that. I think it is a contradiction and in the case of the young woman in Richmond she was 16 and so she was 2 years too old for the existing law to apply to the 10-15 witnesses’ police belief either walked by or watched or some reported took pictures with their cell phones. I think those cell phone should be used to call the police when you see a crime like that.

Youth Radio: The proposal under went it's first hearing, was there opposition?

Nava: There was opposition. There were members of American Civil Union; there was opposition from a group that represents criminal attorneys. They spoke out against the bill. They didn’t like the bill; they didn’t think it was necessary. They raised the argument that it may actually deter people from reporting crimes but I think we were able to answer those questions very successfully. One of the points that I raised is that there doesn’t seem to have been any problems associating with the existing law—when you have an obligation to call if the victim is under 14 years of age. I didn’t anticipate that there would be problems eliminating the age limitation.

Youth Radio: What do you think about Senator Yee’s proposal, in which the she extends the age of protection to 18?

Nava: ...First of all, if you’re a witness are you supposed to guess whether or not the person you see getting attack is 17 and a half, are you supposed to guess if they’re 18 or 19 and therefore you don’t have to make a call? Is the same problem with the current law…We should be providing more protection to victims, not less. We shouldn’t be making these distinctions based on age and we ought to be encouraging through the law people to report crimes so that victims have more protection. I just imagine what it must be like for that young girl and her family to try to put their lives together after this attack and how much easier it might have been if the assault was reported in the few minutes. Two and half hours is an extraordinary long time to feel helpless, to be beaten, to be repeatedly rape—two and half hours and it didn’t have to be that way.

Youth Radio: Why do we have to implement or reinforce a law in order for people to do the right thing?

Nava: I think maybe sometimes we make assumptions how we expect people to behave and I certainly would have never thought that 10-15 people would be witnesses to this sort of attack that happened and that would not call the police…You can’t through a law tell people how it is that they are suppose to behave. I disagree with that. I think we would all agree that murder is a bad thing but we still have laws against murders. I think we would all agree that violent crimes are a bad thing but we still have laws that seek to that our values as a society are still protected—that’s what laws are suppose to do. I think with my legislation, all I’m saying is that a victim deserves the help of the community and my law doesn’t require anybody stepping in to the event. It doesn’t ask anyone to put themselves in harm way. It just says you need to call the police.

Previously:

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:

Tougher Bystander Laws in Wake of Richmond Attacks

denise — Mon, 11 Jan 2010 16:29:42 -0600

State Senator Leland Yee of San Francisco has announced a proposal that would grant jail sentences for witnesses who do not report sex crimes or violent attacks on victims under the age of 18. This is the second proposal of this kind proposed in recent months. The proposals come after the gang rape that took place in Richmond, CA in October where almost twenty people watched without calling the police while a girl was raped, beaten, and robbed.

The first proposal was from Assemblyman Pedro Nava, and requires people to report any crime regardless of the age of the victim. Nava’s bill is set to undergo its first hearing on Tuesday by the Assembly Public Safety Committee. Currently, California law requires people to report a violent crime against children ages 14 or younger. The penalties for not following the law, which would remain the same under Nava's proposal, is up to six months of jail and a fine of $1,500.

The difference between Yee and Nava's proposals is age. Yee’s proposal states that the victim should be under 18, meaning a crime committed on a 19 year-old would not fall in this proposal. Nava’s proposal does not include an age limit. In the Richmond attacks, the bystander law was unenforceable because the victim was 15-years-old.

What do you think -- should there be an age limit?

Previously:

Richmond Horror

maeven — Thu, 05 Nov 2009 13:51:00 -0600

Many have spoken about the recent horrific incident that occurred at Richmond High on October 26th after a girl trying to leave her homecoming dance three hours early was brutally raped. It was reported that as many as ten men participated in this vile act, and as alarming that a crowd of people stood by and watched this crime take place. I have chosen to speak on such a topic because I feel outreach is something important in a time of tragedy. The hope of this commentary is not to sensationalize what occurred, instead I hope that by making a statement about this event it will stand as some support for the young woman who underwent such an unacceptable horror and encourage others to stand up for her as well.

It is unclear at this moment what the full legal consequences of this act will be. Some perpetrators have been arrested and others may follow. As for the crown that stood by, there are some legal issues concerning the age of the victim. I believe that witnessing such an event and doing nothing is a crime and should be called out and punished. No punishment will erase what happened. Although the young victim is in the hospital recovering from her external wounds the internal wounds will take a lot longer than a few weeks to heal.

It is very alarming that so many people could stand by while such a brutal attack occurred. What drives people to ignore such brutality? Have people become so immune to or accepting of violence? It is certainly not the girl’s fault that such an act occurred. Revealing clothes, promiscuous behavior, and the like are not justifiable explanations or excuses for such a hateful act. Nothing that shifts the blame onto the victim is acceptable. Apparently, the person who finally did go for help had overheard other’s talking about the crime. The fact that people could converse, laugh, point, and even videotape the event is a crushing indictment of the lack of concern and connection in our culture.

Another upsetting aspect of the situation is the absence of authorities willing to look at their responsibility for what happened in this situation. It was a homecoming dance and something went wrong in the supervision of the event. Some teachers claim that what happens outside of the school is not their responsibility or liability. However, such a tragic event should force everyone not to look for excuses, but to try to look honestly at what went wrong so that any repetition will be prevented in the future. Those who watched and those who had no idea what was happening still have the moral obligation to stand up for this girl and acknowledge that what happened to her cannot be justified. We must take real and positive action to educate ourselves and our community about the absolute need to protect and defend one another. The education of people’s conscience is as important as learning how to read, write, or add figures.

When fights occur in relationships the best solution is for both partners to take responsibility for their part, apologize, and make amends. This is what I am learning in my participation in the BOM campaign. In this way, new boundaries can be established, new patterns of behavior explored, and the relationship may potentially move forward. With this terrible incident a similar framework should be applied. People should acknowledge the wrongs that happen in their midst, try and find ways to address what has gone awry, and continue to dialogue on what they need to do to improve the safety of all of our community. Only then can we change and progress. I strongly support the need to oppose the violence that occurs around us; each of us must take responsibility to educate ourselves and to act in ways that promote a true sense of safety, caring and connection throughout our lives.

Richmond High Holds Vigil

denise — Wed, 04 Nov 2009 18:25:57 -0600

On Tuesday Richmond High School held a public vigil marking the school's solidary in the aftermath of the shocking attack of a 15-year-old student after her homecoming dance. According to police, more than a dozen of people watched for almost two-and a half hours as multiple people raped the girl. So far, Richmond police have made seven arrests in the case. The victim has been released from the hospital.

The crowd at Tuesday's vigil consisted of students, faculty members, community members and leaders. Classmates of the victim showed their support through singing, poetry, dancing, and making t-shits that read “Stop the violence.”

At the vigil, an advocate from the Community Violence Solutions read the victim's first public statement since the incident. The statement reads as follow:

"Violence is always a wrong choice. We realize people are angry about this, but let the anger cause change; change that is necessary to keep our children, our neighbors and our friends safe. We thank everyone for their love, support and ongoing prayers.”

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.

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)