What Is a Worse Crime, Rape or Publishing Evidence of the Rape?


Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

You may recall an article that I wrote back in January discussing the Steubenville, Ohio rape case.  It was a case where members of the town’s high school football team were charged with repeatedly raping and sexually assaulting an unconscious young girl and it also exposed the community support these alleged rapists had.  In that case a local unit of the Hacktivist group, Anonymous, published tweets and pictures of the alleged rapists.  One of the citations or links that I provided in the article has since been taken down and now the local Anonymous activist had his home raided by a FBI SWAT team and may be charged with hacking into the high school website and could face a potential 10 year sentence for the alleged crimes!  You may ask what are the sentences that the now convicted rapists are facing?  Since they were minors at the time of the alleged serial rape, they are facing 2 year sentences.  

“In April, the FBI quietly raided the home of the hacker known as KYAnonymous in connection with his role in the Steubenville rape case. Today he spoke out for the first time about the raid, his true identity, and his motivations for pursuing the Steubenville rapists, in an extensive interview with Mother Jones.

“The goal of the media interviews is to get the entire nation to say ‘f-uck you’ to these guys,” said KYAnonymous, whose real name is Deric Lostutter. He was referring to the federal agents who raided his home in Winchester, Kentucky, and carted off his computers and XBox.

Lostutter may deserve more credit than anyone for turning Steubenville into a national outrage. After a 16-year-old girl was raped by two members of the Steubenville High football team last year, he obtained and published tweets and Instagram photos in which other team members had joked about the incident and belittled the victim. He now admits to being the man behind the mask in a video posted by another hacker on the team’s fan page, RollRedRoll.com, where he threatened action against the players unless they apologized to the girl. (The rapists were convicted in March.)” Mother Jones

Does it trouble you that the FBI sent a fully armed SWAT team out to execute a search warrant at the home of a single hacker for the alleged crime of hacking into a high school team’s fan webpage when another hacker has admitted that he/she hacked into the webpage?  “Lostutter says he played no role in the hacking the team’s fan page; he points out that another hacker, Batcat, has publicly taken the credit. Mother Jones

Was the FBI just being prudent and careful in “taking down” this dangerous alleged criminal, or were they sending Mr. Lostutter and the rest of his comrades in the Anonymous community a message?  Mr. Lostutter has not been indicted as of yet and the FBI will not confirm if an investigation is continuing according to the lawyer representing Lostutter.

“Lostutter is being represented by Jason Flores-Williams of the Whistleblower’s Defense League, a coalition of lawyers who specializes in defending hacktivists and freedom of information campaigners. The Whistleblower’s Defense League has set up a fund to raise money for Lostutter’s defense.

Flores-Williams told Gawker the raid was connected to a grand jury investigation in Ohio, though Lostutter has not yet been informed that he is a target of the investigation.

“We certainly hope the United States comes to its senses and decides not to indict, and if they do we will aggressively litigate the incident,” said Flores-Williams. “What’s unique here to me is that it’s not a national security issue. This isn’t at the forefront at the NSA or the CIA. This comes out of the heartland of the country, and this is a person who is just trying to do what is right for the heartland.” ‘ Gawker

While I do not condone hacking into any individual’s or any group’s computers, wouldn’t it make sense for the FBI to send the SWAT team to the home of the individual who has admitted to the alleged crime?  If the FBI can determine who the KYAnoonymous hacker was, why can’t they determine who is responsible for the mountains of spam that hit my computer on a daily basis and send the SWAT team to end that nonsense?  I would imagine that the Nigerian Prince who wants me to send him money so that he can give me millions is much more dangerous than Mr. Lostutter!

I urge you to read the full search warrant that I have provided here, thanks to Gawker. It is amazing how thorough the FBI can be when it is going after a dastardly character like Mr. Lostutter.  Is this kind of blunt force governmental reaction a symptom of larger problems on the horizon for the rest of us?

I have to admit that I do love watching the movie “V for Vengence” whenever I can, but I hope that watching it will not cause me to appear on the FBI’s radar.  I am not sure my neighbors will look kindly at the FBI SWAT team charging through their flower beds to encircle my abode.  I guess it is becoming safer to cheat and steal millions using the mechanisms Wall Street has at its disposal than to actually speak up about a heinous crime committed against a defenseless woman!  What do you think?

(Please note that one of the earlier quotes contained the “F” word and I had to amend it in order to get past the WordPress censors!)

39 thoughts on “What Is a Worse Crime, Rape or Publishing Evidence of the Rape?”

  1. I was skeptical of how this was a federal issue until I read that an ISP was alleged to have been hacked and that did it.

    I agree this is most likely the case of this man’s association with Anonymous that provided the impetus for the FBI to get involved. I had difficulty convincing the powers to be when I worked as an LEO to pursue cases of computer trespass and theft of an access device (the password) for individuals who did just as this man has. They really didn’t see the need to do this unless there was financial loss on behalf of the individual or it was something other than an individual who got hacked into. But, this reeks of politics.

    I don’t have sympathy for this suspect though. I commented before that this man broke a sort of code of conduct for hacktivists by attacking individuals and threatening them with financial damage. To me he puts a stain on the hactivist community by doing so. That was more like the tactics a vigilante than a robin hood.

    As far as the SWAT team raid, two things come to mind. The only justification I can see for getting a lot of warm bodies there to flush the house would be to prevent him from destroying electronic evidence that is held in a remote area and the scene needed to be secured fast to prevent that. And that is giving a lot of deference to the gov’t.

    That aside, I do not agree a SWAT team would have been needed for this type of alleged crime or alleged criminal. I didn’t read in the warrant any mention of weaponry that might be encountered that would lead me to believe this man had associated with him a risk to the agents. From a practical point of view three agents would have been enough with maybe another to speed the process up a bit. They could have come in regular clothing and their commission cards and that should have been all. Having served search warrants myself, you have to have at least three just to secure the scene and start working. If there is expected to be large amounts of evidence more warm bodies are needed.

    To me this is more like sabre rattling than standard search warrant procedure.

  2. Revolution.
    No Fear
    The time has come for the people to take back control of our country through economic and labor strikes along with protests.
    We must force our government leaders to resign.
    We must obliterate the machine of Big Brother and abolish the NSA

  3. Is this section of Kentucky in the Unreconstructed part? There are large swaths of the South where the lawyers and judiciary claim to be Unreconstructed which means that they do not believe in the 13th, 14th or 15th Amendments.

  4. The warrant, signed by some federal judge who ought to be in Russia, includes a list of things to seize which includes Guy Fawkes Masks.

  5. The 1933 Parallels. Reichstag Fire resulted in Reichstag Fire Decree which aborted all civil liberties in Germany. Twin Towers in 2011 resulted in the Patriot Act which aborted all civil liberties in AmeriKa. Note that I use the word “aborted”. Genocide is next. Genocide is dangerous.

  6. JH,

    Hope you never know anyone that has been raped…


    Did I miss the part about the FBI using a FedEx truck…I think I saw tat this morning some place….

    Welcome to the Happy Police State…..

  7. Jonathan, I suspect that what you have heard is from the rapists claiming that their victims liked it. You really don’t hear that from the victims.

  8. Spoken like someone who doesn’t actually know a rape victim, Hughes.

    Rape isn’t a crime about sex. It’s a crime about control using forced sex as a tool of subjugation vitiating consent. That alone can be psychologically traumatizing to the victim in addition to the fact that the sex itself is often physically abusive and painful in its own right.

  9. “Lostutter says he was the one who published a trove of incriminating social media photographs, videos and messages that had been posted by Steubenville football players and that documented and ridiculed the victim.

    ‘The tweets, screenshots, Instagrams. … Pretty much everything you’ve seen in the media, that came through me,’ Lostutter said.

    Lostutter also told HuffPost that the cache of social media posts was sent to him by Michelle McKee, who had received them from Alexandria Goddard, an activist and blogger, who had originally tracked down the posts, which at the time were publicly available and weren’t obtained by hacking.”


  10. What the hell happened to the Leon Panetta thread? Is it being monitored and deleted?

  11. I mourn all of the “conspiracy theorists” we abused the past two decades.

    Doing Big Brother’s dirty work as we naively progressed to where we are now.

    There is no going back.

    Sometime over 7 years ago I repeated what was in a 13 year ago 60 Minutes episode.

    It generated the sounds of crickets in Stalingrad.

    I don’t know how close to the coup it was, but that word is getting around.

    The problem is, the words “too late” is also getting around.

    And those words will prevail now.

  12. Good piece, raff. Those ubiquitous masks now being see on protestors all over the world are of Guy Fawkes, the man who tried to burn down the British Parliament and was drawn and quartered for his act.

  13. I think they were after more than information about the rape case. By taking his computer they undoubtedly have much more information about him and others who have been hacking and exposing bad stuff. Lostutter is more a hero than a criminal. The real criminals are the those bringing in the SWAT team.

  14. Those Politicians in power have Militarized the Police and government so against our own people. The People do not have the money to buy back our Government from politicians and the 1% that pays them off. They really suspect a Revolution and are doing their level best to insure they can meet protest in the streets with jails and private prisons. They intend to bleed the working class dry and lock up all that will not support their system of justice and freedom for only those who can afford it. Sad when the Attorney General for the United States says they are too rich and powerful to charge or Jail.

  15. Good job, raff.
    Touches on two topics of great importance. The crime of rape and inequities in the judicial and law enforcement system.

    I saw this story earlier, and did a little homework. I am not subscribed to Twitter, but there are a disturbing number being posted that make no bones about blaming the victim.

    As for the raid on Deric Lostutter’s home and his arrest, that is just another chapter in the overreach of both local and Federal law enforcement.

    At some point, these folks have to be reeled in.

  16. Thanks for speaking up.

    The Feds are hammering down any dissident who speaks up.

    Mr. Lostutter may avoid prosecution, but he (and we) got a clear message. many will be deterred from speaking up.

  17. raff,

    I’m glad you chose to write about this important story. If I hadn’t taken the weekend off from writing a column, this story had indeed caught my eye. The manifest injustice of the episode (especially when you read into how Lostutter came across the information – and it wasn’t by hacking) is a shocking tale of the ever more secretive police state run amok and punishing speakers of truth rather than recognizing their service to society.

    Good job.

Comments are closed.