There is a sharp disconnect between two prank stories this morning. When Tyrell Morton put an inflatable girl in the girl’s bathroom at his high school, he ended up with a felony charge and a potential jail sentence of eight years. However, when three eighth-grade girls from Dunbar Middle school in Florida tackled an 11-year-old boy and stripped him naked (and proceeded to videotape him and taunt him), they were let go as a simple prank in bad taste.
In the video, the girls stop the boy to chat and then hold him down, strip him naked, and mock him. The video was put on YouTube.
The boy is a fifth grader at Ray Pottorf Elementary. One girl faced a single misdemeanor battery charges, but it was abandoned when the boy’s mother has refused to press charges. I commend her for her restraint, but I wonder what the charge would be if a group of boys attacked and stripped a girl in public, videotaped her, and mocked her.
I tend to disfavor criminal charges in such cases. However, it seems clear that the girls should be expelled and subject to the most severe forms of school punishment. What I find interesting, however, is the sharply different treatment given such acts by boys as opposed to girls. Indeed, I doubt seriously this would have even confined to a misdemeanor if the genders were reversed or that, with the existence of the videotape, the failure to press charges would be determinative. If the police witness or have evidence of a felony, they do not necessarily require the consent of the victim. Once again, I would not take this to the criminal system. Yet, I am surprised that the articles only refer to the possibility of parental punishment as opposed to immediate expulsion and other measures, such as denial of social clubs, graduation etc.
Jonathan Turley
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i really do think someone needs to find out the whole story first, and then decide what to do from there? if it’s prank gone wrong among friends, leave the case alone and let the parents handle it among themselves. if it was a random attack, justice then needs served in some way?
i think before we go any further, we need to find out the whole story? until we do. nothing will get done. because we don’t know what the situation is? and what we are dealing with. if no justice is getting done, its quite simple to me, that all the kids were playing along. i can’t understand any mother that wouldn’t press charges against those girls, if they did decide to randomly attack her don. and by the way she stated that her statement. quote from mother: “I want to start by saying these are not random felon serial sex offenders that decided to brutally or maliciously attack my son”. if she says they did not maliciously attack her son. what else could that mean? an act of that kind is malicious. because those girls intended to humiliate that boy in front of everyone,class mates, and the world. i consider that malicious doesn’t anyone else. i certainly don’t consider that a prank? unless the boy in on it as well. then you say it was prank gone to far.
In the previous post I compared a legal boxing match to an illegal battery. One thing I didn’t mention in that comment was that a boxing match is legal if both boxers consent, and if it is conducted in a boxing ring so spectators all know it is just a game. What if two guys had a fistfight on a public sidewalk, and others who saw it called the police? The police wasted their time to go to the fight and stop it, and the fighters said they were only playing. It may not be battery if both fighters agreed to the match, but it could still violate other laws. Could they be charged with disturbing the peace? I’m not a lawyer and I don’t know, but I suspect they would be arrested.
It is legal to hire a stripper to perform indoors at a private party. The same performance may not be legal if it is done outside where it can be seen by people on a public street. It may not be battery, but it could be public lewd behavior or indecent exposure, even if everybody present said they were just playing.
Does the failure to charge anybody in this bullying incident mean that it is OK to have fist fights or strippers performing on public streets in Fort Myers, as long as the people involved say they were just playing? I don’t think so. Maybe the state attorney decided that if he were to accept that all were consenting to the play, he would have to charge the boy as well as the bullies if he were to prosecute for disturbing the peace or indecent exposure. Maybe he thought the boy really is a victim, but it just cannot be proven. Maybe he didn’t want to charge the boy, and therefore could not charge the girls for disturbing the peace either. This is just a guess, I don’t know why the state attorney acted as he did. But I agree with “Fruit flys like Pears” that he should have done something. This is such an infamous case, that it sets a very bad example to do nothing.
There are some reasons that the state has not pressed charges, but I really think the state should.
The video was removed from youtube before the police were notified of the incident. The police and prosecutor never saw the original unedited minute-long video on youtube. They saw only a few seconds that the media edited from it and put on TV. This edited video appears to show a battery. It could also show an event that is not battery, just as a boxing match or a fistfight between actors in an action movie are not battery. The difference is that in a boxing match or movie fight, all involved are consenting to the fight. Were these kids engaged in mutually consentual play? If we saw the whole video, would the beginning show the boy agreeing to play along with this prank? Or would it show the girls suddenly attacking an unsuspecting victim?
We don’t know. The only way we can know is to watch the entire video (maybe), or interview somebody who has seen it, or interview the people who were present when the video was made. As far as I know, the police have not seen the entire video. They have not seized the cell phones or computers of the bullies to recover it. They have not requested a subpoena to get it from the television station. We can assume that if the beginning of the video would show it was play to which all parties consented, the bullies themselves would have released it. The entire video would probably be incriminating to the bullies, but we don’t know for sure, and as far as I know the police have not made an attempt to find out.
The police did question the bullies, and they said they were only playing. The police questioned the victim’s mother, and she agreed with the bullies. The police questioned the victim in the mother’s presence, and he would not contradict his mother. The police requested that the mother allow her son to be questioned privately by child protection experts, and the mother refused. As far as I know, the police did not try to get an interview with the boy against the mother’s wishes. The state could not charge the bullies with battery based on the evidence they had, and apparently did not want to go to the trouble of trying to find additional evidence.
In the few seconds of the video shown on TV, it is questionable if the video was child porn before it was censored. There is also no proof in the edited video that genitals were touched, which would have been a sexual assault. The unedited video posted on youtube might have been child porn, and might have shown a sexual assault, but the police never saw it. As far as I know, they made no attempt to get it, to interview the victim privately, or to interview others in the neighborhood who had seen the video when it was on youtube.
They should press charges – especially if the residents in Florida remind them about this issue so it doesn’t get swept under the rug. The video depicts sexual assault and it’s a fact that these girls uploaded the video to YouTube. So laws have indeed been broken and that’s what the Florida Atty. needs to follow through on. I haven’t heard anything that would suggest the boy wasn’t all innocent. Someone posted on here earlier that he was mentally challenged (what’s the politically correct term for retarded now?) The investigation should reveal what all happened. There should be a full investigation and they need to serve time for what they did. Plain and simple.
fruit flies, i just don’t think the state will press for charges. what we need is to find out more about what happened? I have heard from friends and family that this boy wasn’t all innocent. they are were all playing. and the media hasn’t told the whole story. so something is not adding up. i think the mother was just angry about the girls posting it on youtube, humiliate the girls like they did to her son. and bring shame on them in their community. and i am sure the community will not look kindly on them. if they are intelligent girls they won’t do it again. if they have the criminal mind than yes they will do it again. but will they bully again, most probably. cause bullying isn’t a crime yet.
This real-life story is interestingly similar to the climactic incident in the “cyber-bullying” plotline that ran on the ABC daytime soap opera ONE LIFE TO LIVE from February to April, 2011 (in which high school freshman Shane Morasco attempted suicide after a relentless series of bullying incidents culminated in his being publicly stripped, and in a video of that humiliating event being posted on the internet).
Lee, the reporter told me that even if the mother did not want to press charges, the state is OBLIGATED to press charges if they witness a crime. Seeing the video which recorded the incident is proof, and they know for a fact that the video was on YouTube and actually stayed on there for a while. So it is really irrelevant if the mom doesn’t want to press charges. The state has an obligation to uphold the law and if they don’t, it will be a mess and will set a precedent. Thereafter, even if a boy did the same thing to a girl, they would not be able to do anything. That’s something the Florida atty. needs to think about.
lee,
The mother seems like a good woman who wants to do what is best for her children. There could be valid reasons for not pressing charges.
It is worrying, however, to hear that the boy is still friends with the girls. If the boy still associates with the girls, there could be trouble. If there is another prank and anybody gets hurt, or presses charges, it will be bad for the mother. Kids have accidents playing all the time. If an accident with an injury occurrs when the boy is with these girls, it could have serious repercussions. People will say the mother knew the girls were dangerous. She allowed the boy to play with them anyway. She endangered the boy by allowing him to associate with bullies, and is not fit to be a mother.
For her family’s sake, it would be best if she forbids the boy to see these girls.
hi Richard H, the problem is richard, if the boy and the mother is not willing to testify then, its going to be very hard for the state to do anything. they will definitely will not press charges against the girls for pornography, i think they are just to young to understand that side of things. I know some the story, i some how just don’t know if i have can believe the media’s version of events. from what i understand the boy is still friends with the girls. we have to remember the media will twist stories round to suit them. what could of being a innocent play between kids, the media will turn it out into girls attacking him. something in this story just doesn’t add to me. ask yourself a few question:
1) why wasn’t the boy trying e.g punching,biting,kicking or could it be he was scared? i don’t know, i can’t tell much from a blurred video, how the boy is reacting. the only screaming i can hear is the girls. i did some from the boy but it’s vague, we can all scream from a bit of playing.
2) there were 3 parties that could of pressed charges, the state,police, mother none the didn’t anything? that to me smell like a rat.
the whole case is to fishy for my liking? we are missing some the story that what i think
So, if Florida’s DA’s end up doing nothing about this incident what are we left with? As stated before in other responses, if the genders were reversed there would be a deafening roar of disapproval along with a resounding attitude for justice, possibly even a lynch mob. I am sure on every news report we would hear, “Put those boys in prison, where they belong!” It is just another example of how our society always puts a womans problems or issues first (or, young girls in this case). It doesn’t really matter what the boy feels about his experience, because afterall, “He will just get over it.” Our society should step back and take a long serious look at just how powerful the gender bias is between young boys and girls.
As a father of two boys I would not ever tolerate this type of behavior being brought against either one of them. If the laws in my stae could/would not protect them both as living human beings with emotions (just like everyone else) I am afraid I would have to take matters into my own hands. And believe me it wouldn’t be allowing the parents of these girls to decide on what type of punishment they should receive! Honestly, I am not sure how I would react since it hasn’t happened, but I am sure it wouldn’t be pleasant.
I think today, boys should be taught to defend themselves even if it is a girl or a group of girls that attempt to physically harm them. No more of the old cliche’ of “boys never hit girls”. Maybe, boys should never hit girls unless in true self-defense. As for my boys, they have been insructed if a girl, or group of girls attempt anything similar to them – it’s all out war. Kick, punch, slap or whatever it takes to prevent this from ever happening to them. By the way, they do understand to never hit a girl unless it is in true self defense.
Lastly, two months ago the DA’s stated they were looking into it. How long do they really need to look into it? It sounds more like they are allowing the parties and families involved to come to some agreement where everyone is happy. And, of couse, once this happens the DA’s office can discontinue any further investigation. My point? We cannot give up on pursing this incident until it is truly resolved. This particular incident could set precedence in any future cases that are similar and at this point in time I believe it wouldn’t be good.
i guess the news didn’t the tell the whole story then. the boy wasn’t all innocent
the facebook page is gone now. Please send any information about the girls’ identities to register-her.com
i agree with you keestadoll, but the girls only have themselves to blame. there is only one person that is probably suffering and that’s little boy. as far i am concerned there is only one body count and that’s the boy. who know’s what mental trauma he has to endure now. i can understand for him, cause i still haven’t got over what kids did to me at school, and that’s 20 years ago. me personally I can’t be bothered with this facebook crap. we think we as a society should stop relying on the law to punish our kids, and start putting pressure on parents to do a better job, on kids morals. I have mixed emotions about this whole case. I don’t know even if the media is telling us the right story. they will also twist it for their own purpose. as from the video i cant tell much to what is really going on. can we really make a judgement to what’s really going on in 20seconds and its all blurred. we don’t what happened behind the scenes. 3 parties have not pressed charges, the mother, state attorney, police, don’t you think that’s strange to me that is very strange. this whole thing on double standards cause its a boy is rubbish to me. maybe a little double standards. but let face it will never equality in this world, race, sex, age, disability, status. not of those categorises are treated equally. we will alway struggle for equality.
agreed fruit flies, if the law actually did something about it, this would not happen. let them suffer a bit of humiliation in prison.
Yeah, really not going to feel bad for not wanting to hop on the facebook-marginalizing of anyone. As far as “spreading the word and warning” people about these girls, I’m thinking that has already been well-accomplished and that’s GOOD. And some food for the thought before I exit this thread: We’ve seen the power of facebook (good, bad, and ugly), so to all of you endorsing the facebook “info center” on these evil girls (and I AGREE that they are just that for extra clarity), I would ask you to think a bit about the medium you’re endorsing, the lives it has wrecked, and the body count it has accumulated.
[“There is an attempt to warn parents that these girls pose a danger to children, and young children should not be unattended when the girls are around.”
This is creepy, cyber-vigilantism. I would recommend JT remove that hyperlink immediately.]
What??? Don’t you find at all what these perverts did to the boy creepy??? It appears the justice system isn’t going to do anything so it’s left up to the public to inform everyone about it. They would be better off just going to jail for a sentence rather than nothing happening and then the public has to warn everybody about them.
Something needs to be done and we will need to check with the Florida D.A. office. Last I heard from the reporter that did the story, he said they were determining what to do about it. That was a few months ago. We need to check with them again for an update.
It would be “creepy” if we didn’t do anything about it and let this kind of behavior go on.
keestadol: why do you find that creepy? If someone is warning people that these girls could possibly do it to other kids. they might not post it on youtube again. but what’s to say they just keep the act on their phones. to be honest i wouldn’t want these girls looking after my kids, if they are capable of doing that sort of an act. I agree with you that vigilantism is wrong. but a bit of public humiliation want go a miss on their part. considering what the young boy has gone through. i have had it happen to myself at school. that act still affects me to this day after 20 year. these girls have only themselves to blame. i have no sympathy for them what so ever. what of sexual violence is getting out of control, and the law is just not stepping up to the plate. so what happens people take the law into their own hands. i also have a fear that violence is going to grow more worse the way our governments and courts deal with things.
why hasn’t the law done anything about this act? this happened to me, it was horrible and embarrassing, and top of this had other boys calling me gay,cause i didn’t enjoy it. why should anyone enjoy someone violating them for there own sick pleasure. this stuff rips stomach apart. all i can say to you girls, shame on you for this horrible act. you girls have now made yourselves target. i hope you girls don’t have boyfriends for a very long time. you don’t deserve one either. horrible trolls.
If anybody has any evidence concerning the names of the girls, orknow anybody who may know them, please go to this facebook page:
http://www.facebook.com/profile.php?id=1808482771#!/profile.php?id=100003125787659
There is an attempt to warn parents that these girls pose a danger to children, and young children should not be unattended when the girls are around.
“There is an attempt to warn parents that these girls pose a danger to children, and young children should not be unattended when the girls are around.”
This is creepy, cyber-vigilantism. I would recommend JT remove that hyperlink immediately.
To Bette Moir…. Your comment was, “A generation ago, when my daughter was in elementary school, her school had a tradition known as Friday Flip-Up Day. If any girl was inattentive enough to wear a skirt or dress on a Friday, groups of boys would knock them down and pull their skirts up over their waists.” I do understand her embarrassment and your anger with school officials. It is very sad that they had this type of attitude towards the incident. However, I do have to ask you respectfully, did this incident include pulling down her undergarment thus exposing everything, having a foot placed on her throat during the event and lastly, pasting a video of the entire event on You Tube for anyone in the world possessing Internet access could view? Honestly, I believe part of the problem with the (Florida) incident just being called a prank (more or less) is an easy out for Florida’s D.A.’s and police department that are involved. Also, even though I totally agree with the comment, “If the genders were reversed……” I don’t want to say anymore since it has already been said many times. However, I would like to add, (a generation later) that we now live in a society/culture that always puts a female’s problem(s) first. And, since this was not a female on the ground and three boys removing her clothing, this embarrassed and humiliated young boy will only have to “live with it” for the rest of his life. It is truly sad that our society has accepted this attitude rather than a healthier attitude that protects both young girls and boys. Maybe one day, but definitely not tomorrow.