In Michigan, parents are outraged by the decision of a high school to allow senior Mitchell Landis to continue to play football after he was arrested and charged with rape. They insist that such arrests could constitute a violation of “good behavior” standards.
Landis is charged with two counts of criminal sexual conduct in the third degree, which would land him in jail for up to 30 years (though that is unlikely since such charges usually run concurrently with a maximum of 15 years). He has posted bail and resumed football for the school.
We previously saw a case in Texas of a cheerleader who was dropped from her team when she refused to cheer for a football player she accused of rape.
The mother of the victim says that the girl was raped at a friend’s house by Landis. After she went to police, she says that two men later grabbed her and raped her again in the woods. She reportedly tried to commit suicide.
The question is whether, given the presumption of innocence, the player should not be removed from the team until his guilt is proven. In this case, the police and prosecutor felt that there was sufficient evidence to bring two criminal charges. That would make this more than a simple allegation of “bad behavior” under school rules.
Source: WWMT
I forgot in this country that we do not care about the accused’s rights and only care about the accuser’s. I wasn’t aware that we made this change to our justice system. Thanks for informing me everybody!
@John Weber, ‘approaches the line of absurdity??? Ignoring that the incident may indeed have happened is what is absurd. To allow the continuation of an extra-curricular activity while the girl is hospitalized after being (possibly) raped and decidely terrorized is rank denial and further abuse and erosion of HER rights. For what? football?, don’t be an ass.
In the United States of America, an accused is innocent till proven guilty by a jury of their peers. Condemnation of an individual before trial is the worst thing imaginable in our system (i.e. condemnation of a potentially innocent person), and this does not change with the type of crime or with the age of the accused. Also, the idea that the risk this teenager posses to others outweighs the presumption of innocence approaches the line of absurdity.
Food for thought…
http://www.alternet.org/story/152140/cop_rapes_woman_at_gunpoint,_11-year-old_rape_victim_smeared,_accuser_sued_for_$2_million:_is_us_society_failing_victims?page=entire
August 23, 2011
Cop Rapes Woman at Gunpoint, 11-Year-Old Rape Victim Smeared, Accuser Sued for $2 Million: Is US Society Failing Victims?
by Sarah Seltzer
“Where justice and authority let victims down, solidarity, activism, and a massive effort to create awareness will have to fill the breach.”
At this point, the risk of danger to others outweighs his presumption of innocence and his privilege to play on the team. I’d not give into thuggery even if they can run a 4.3 40-yard dash or bench 400 lbs.~Mespo
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yes, thank you
and thuggery it is…designed to intimidate….designed to ‘buy time’….designed to shut someone up. It is a double and triple dose of violence in the hopes of not having to deal with the initial violence.
Tonight… for anyone in the NYC area who might be interested:
She Asked For It: How Rape Myths Hurt Us All
Wednesday, September 14, 6:00 PM
Two cops are acquitted of rape. The DSK case falls apart. A former sportscaster buys a 14-year old girl for sex and gets community service. A high school orders one of its students to pay its legal fees after she filed a ‘frivilous’ lawsuit for being forced to cheer for a classmate who admitted to sexually assaulting her. From courtrooms to hospital exam rooms, from police precincts to college campuses, how do stereotypes about rape fuel the epidemic of rape and impact a survivor’s ability to get justice? Join our discussion and ignite change.
RSVP: 212.627.9895 | contact@nownyc.org
Suggested Donation: $5 NOW members & students | $15 non-members |
Special Guests:
Helen Benedict, novelist and journalist, she has covered the issue of rape around the world. She authored Sand Queen, a novel of the Iraq War, The Lonely Soldier, about women in the military, and Virgin or Vamp: How the Press Covers Sex Crimes, an analysis of the way sex, race and class bias affect rape coverage.
Karen Carroll, Associate Director of the Bronx Sexual Assault Response Team, is a forensic specialist and survivor who trains police departments, DA’s offices and social service professionals, and testified in the NYPD rape trial of Moreno and Mata.
Jane Manning, President of NOW-NYC, is a long-time New York City activist who has worked extensively to improve the criminal justice system’s response to sex crimes. She is a former sex crimes prosecutor.
Nancy Schwartzman, filmmaker, activist and survivor, and creator of The Line Campaign—a non-profit organization and movement empowering young leaders to create a world without sexual violence.
John Stoltenberg is the creator of Men Can Stop Rape’s “My Duty” campaign, a sexual-assault-prevention media campaign, which was licensed to the U.S. Department of Defense and distributed on military bases around the world. John is also the DC Rape Crisis Center communications consultant.
Location: Pace University – Lecture Hall South, Room 130, One Pace Plaza, New York, NY 10038 (corner of Frankfort & Park Row)
Subways: R to City Hall | 4, 5, 6, 6X to Brooklyn Bridge/City Hall | J, Z, A, C, 2, 3 to Fulton St
“At this point, the risk of danger to others outweighs his presumption of innocence …” Has some one been plagiarizing John Yoo?? 🙂
Also, is there a fear he’s going to bugger some one on the grid iron??
Innocent until proven guilty. Period. I also think it’s funny that we wish for rapists to be raped. How retardedly macho.
JT:
I don’t see where she was raped again after the initial complaint. The langugage suggests she was “beaten up” after being dragged into the woods by two hooded persons in a crude but effective effort to intimidate her just before the preliminary hearing.
anon nurse & AY:
I have that peculiar effect on people.
Mike,
Unfortunately in most rape cases…it is a he said she said….But it is usually an easy victory for the Prosecutor….
mespo,
Ditto…..
If Landis is guilty I hope he gets similar payback in prison. However, the story doesn’t give enough detail for me as an observer to make any presumption. A rape kit test was performed but no results were given in the article. Was there semen? If there was what does the DNA show? Was there bruising of any kind? We don’t know. That being the case he is presumed innocent until proven guilty and should be allowed to play.
I don’t politically like the importance placed on high School football and believe many seamy things are done in the name of winning. Nevertheless, the presumption of innocence is one of our most important criminal law principles (if not the most important). It has always suffered too much erosion from early publicity and public angst over a given crime.
mespo,
Rethinking my position…
“The question is whether, given the presumption of innocence, the player should not be removed from the team until his guilt is proven.”
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Rape is an allegation easliy made and difficult to prove. Likewise, it is one that carries a stigma for both accuser and accused regardless of the result in court. These are both true and sad statements. I’ve seen both sides of these cases and the truth is sometimes near impossible to decipher except in the most eggrgious so-called “stranger rape” cases of which this may be one. Throw in Rape Shield Laws and you add another level of complexity and protection as well as a hurdle for the defense. I have no idea as to the truth of this allegation of rape nor the likelihood of success by the prosecution–and I bet they are not telling.
Under the circumstances here and in spite of my belief in the principle of innocence until proof of guilt, I’d ban Landis from extracurricular activities. The shocking battery of the victim by two masked individuals and the suicide attempt suggest (but do not prove) the credibility of her story. At this point, the risk of danger to others outweighs his presumption of innocence and his privilege to play on the team. I’d not give into thuggery even if they can run a 4.3 40-yard dash or bench 400 lbs.
rafflaw,
I agree.
I would think that his presumption of innocence would suffice to say he should be able to participate in any school activity. I would not be happy about it, but he has not been judged as gulity of those charges so he should be allowed to participate.
The accused’s game stats might shed light on the decision to let him play. If he’s usually an asset to the team, it still looks despicable. But if he’s a career benchwarmer, the decision might have been based on presumption of innocence, no matter how misguided it was to ignore the grounds for the charge.
There is no excuse not to take the matter seriously, but it’s important to know whether those in charge are actually evil, or just irresponsible fools.
If this happened in Texas, the ‘trial’ and acquittal would be underway already. And….If he was any good at fullback, a scholarship committee would also be forming to lobby TCU for an opening.
Alas…. in MI, the kid just keeps on playing. Life is so unfair.
Oh slap, there was a female victim!? In a rape case??….
Whooda thought?
Come on! We all know sports builds character.
I was doing a gig in Blair Nebraska after the huge scandal about rapes, robberies, burglaries and general mayhem broke over their national championship football team. I was having breakfast in a local cafe, surrounded by farmers and local businessmen – you know, salt of the earth, decent, flag decal on the pickup truck, Christian Americans. They knew why this was happening, there was not a single dissenter in the place. This was all the fault of the Eastern Media who couldn’t stand Nebraska being champions.
America is a very religious nation – that religion is sports. Just win baby!