Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger
I actually thought that I had misread the article when I first read it. It described the horrific gang rape of an 11-year-old in the Texas town of Cleveland. Eighteen young men and teenagers have been charged with the rape that is alleged to have started in a house and eventually moved to a deserted trailer nearby. I am sure that this kind of vicious crime occurs all too often in our country, but there is one thing that makes this crime a little different. Many of the townspeople are blaming the eleven year old girl for her own gang rape!
“The video led the police to an abandoned trailer, more evidence and, eventually, to a roundup over the last month of 18 young men and teenage boys on charges of participating in the gang rape of an 11-year-old girl in the abandoned trailer home, the authorities said. Five suspects are students at Cleveland High School, including two members of the basketball team. Another is the 21-year-old son of a school board member. A few of the others have criminal records, from selling drugs to robbery and, in one case, manslaughter. The suspects range in age from middle schoolers to a 27-year-old. The case has rocked this East Texas community to its core and left many residents in the working-class neighborhood where the attack took place with unanswered questions. Among them is, if the allegations are proved, how could their young men have been drawn into such an act? “ New York Times How can a newspaper like the New York Times ask the question “…how could their young men have been drawn into such an act?” when the victim is an eleven year old girl?
Has society returned to the day that a female victim cannot say No to forced sex? Have we returned to the day when an 11-year-old girl is berated in public forums for allegedly enticing these adults and teenagers into threatening to harm the young girl if she didn’t have sex with them? “A meeting Thursday night that was billed as a way to discuss concerns some have about the investigation into a series of alleged sexual assaults on an 11-year-old girl turned into a forum that many used to blame the girl police contend is the victim of heinous attacks. Many who attended the meeting said they supported the group of men and boys who have been charged in the case. Supporters didn’t claim that the men and boys did not have sex with the young girl; instead they blamed the girl for the way she dressed or claimed she must have lied about her age — accusations that have drawn strong responses from those who note an 11-year-old cannot consent to sex and that it doesn’t matter how she was dressed.” Houston Chronicle
The fact that an 11-year-old girl was victimized had no effect on many in the crowd. Lost in their attack on her was the legal issued raised above. A minor cannot consent to sex and her mode of dress is irrelevant to the crimes alleged against these 18 different students and adults. How can a society even suggest that a young girl can consent to anything, let alone forced sex with at least 18 different individuals? One writer, quoting a definition of rape culture from the book, Transforming a Rape Culture,(WomenandChildrenFirst) suggests that we are fostering a new rape culture in America that actually encourages this kind of behavior and violence against women and in this case young girls. “A rape culture is a complex of beliefs that encourages male sexual aggression and supports violence against women. It is a society where violence is seen as sexy and sexuality as violent. In a rape culture, women perceive a continuum of threatened violence that ranges from sexual remarks to sexual touching to rape itself. A rape culture condones physical and emotional terrorism against women as the norm.” ShakespeareSister
I am not sure that we have ever gotten past the day when women are blamed for being raped by their attackers. If we have, this incident and the town’s reaction to it indicate that we are returning to a violent past or creating a new rape culture. Could there be a connection to this “rape culture” and the War on Women that we have highlighted in past articles?
Having lived in East Texas (Palestine, Tyler & area) I can say with authority that the residents of this area believe themselves to be removed from the rest of society and not subject to it’s laws. Occurreces such as this happen with disgusting regularity but are not typically exposed to the rest of the world. Women of any age are considered second-class citizens worth slightly less tnan an average horse or well-used Winchester 94. I am not surprised at the mentality shown by the residents of Cleveland at all. Anyone who thinks I am exagerating needs to spend a few years living there. It’s America’s Afghanistan where womens’ rights are concerned.
Having lived in East Texas (Palestine, Tyler & area) I can say with authority that the residents of this area believe themselves to be removed from the rest of society and not subject to it’s laws. Occurreces such as this happen with disgusting regularity but are not typically exposed to the rest of the world. Women of any age are considered second-class citizens worth slightly less tnan an average horse or well-used Winchester 94. I am not surprised at the mentality shown by the residents of Cleveland at all. Anyone who thinks I am exagerating needs to spend a few years living there. It’s America’s Afghanistan.
And over here, in the continuing War on Women, a woman in Iowa was jailed because she mentioned to an emergency room staff member that she had been THINKING about having an abortion. About the time you think it cannot get any worse, it does.
http://www.dailykos.com/story/2011/03/14/956120/-Iowa-Woman-Jailed-for-Thinking-about-an-Abortion
Pete, they need build a new wing for the nearest mental hospital, or put Thorazine in the drinking water. Those people are not too tightly wrapped if they truly believe that.
rafflaw
as for humor in a statement this gem is from the houston chronicle
She lied about her age. Them boys didn’t rape her. She wanted this to happen. I’m not taking nobody’s side, but if she hadn’t put herself in that predicament, this would have never happened,” said Angie Woods, who lives in Houston but grew up in Cleveland
this dingbat thinks that an eleven y/o child wanted to be gangraped for three months running.
i think they should be building a new cellblock at huntsville.
Zoe Brain, very insightful analysis. It has the ‘right’ feel to it (to me) and explains the small town mentality at work very well. Thanks for the insight.
Lotta,
You may be right. It is one sordid mess. And a child is the victim again.
AY, Rafflaw, good observations and analysis. I was thinking that that at some point if the lawyer stays on and any of his clients get convicted that they could ask for a re-trial due to the incompetence of their attorney. Actually, not a bad strategy for an attorney with a bunch of losers to try to defend.
This is soooooo similar to the Middle East rapes where the victim gets lashed or stoned.
It seems to me that the prosecutor will not have to call the attorney as a witness if he calls the radio personality to certify the tape. Am I missing something here? I realize that Goss is out of state, but perhaps he could be persuaded to show up.
From what I’ve been told about the hierarchy of prison society, those who harm children are at the bottom and those who sexually harm children are in the basement. These Cleveland, Texas boys are going to have one hell of a time existing in that culture.
The problem is the size of the town, and the number of rapists involved. Videos were taken and shared, so anyone who did that is also guilty of distributing child pornography.
The number of criminals who could face very serious charges as sex offenders probably exceeds 50.
That means that perhaps 30-40% of the town’s population have sons, nephews, cousins facing serious jail time, unless the story is made to go away. Pretty much everyone knows someone who’s involved, or whose son, nephew, cousin or brother is involved.
The school authorities, the local government, the local law enforcement all wish that this just didn’t happen. They want to make this nightmare go away. If I was a parent who found out my 9 year old son had received a video like this – and bear in mind some of the “receivers of child pornography” might be of that age in a rotten situation like this – I’d feel the same way.
What I *would* do is go with him to state authorities, and reveal the whole mess, begging on bended knees for some mercy for my son, too young to know what the consequences, pleading that his life not be ruined too.
As a judge, I’d be inclined to grant such mercy to minors involved under 16, on a case by case basis. For those over 16, I would not be so inclined. For those over 20, I’d throw the book at them, as the real charge is “corrupting minors”, and charge everyone involved in the attempted cover-up too, especially law enforcement. They’re adults. They showed an example that the kids just followed.
Hence the death threats to the family, and why the Texas Rangers have had to be involved.
rafflaw,
It is not even a good ideal….what stragety has he left for his client….It is my understanding that a mistrial cannot be had until the case is called or the jury is empaneled… that could severely prejudice the case…either prosecutor or defense… it does not even sound like a venue change…because his statements can be cured easily by removing him…
AY,
I was thinking of the witness idea, but I did not consider that the case had to be called. Thanks!
and I like to cut the rules close….live a little on the edge…but the client always comes first…
rafflaw,
No mistrial until the case is called and the Jury has been seated…the judge can remove the attorney or the prosecutor can endorse him as a witness…then he would have to withdraw as it is a clear conflict….hence an attorney may not represent (appear) in an action in which they are expected to be a witness… That seems obvious to me…
AY, I agree that these defense attorneys have made an obvious errors. I don’t have a litigation background, but would these attorneys be trying to get a mistrial?
LK,
Good Post…really good….this just shows the stupidity of not only the clients/defendants but the attorney that represents them… He has now cast his own personal opinion that severely limits the defendant right to a fair trial…
If I were the Prosecutor…I’d wait to closing and interject this information to show that even if the attorney has put on a defense he does not even believe it… This is one of those fatal trial errors that cannot be cured even with an instruction to the Jury….
What would be smart if he withdrew from representation…as I believe he is on shakier ground than jello….
That is an interesting thought Bob! There is no compassion in my heart or anyone that rapes a child.
Poetic justice.