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
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
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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.
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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:
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?
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. Read more...
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.”
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.
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.
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)
