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Thursday, May 24, 11:59 a.m.
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Columnist: California rape voyeurs may not serve time due to law loophole

Richmond, Calif., the San Francisco suburb with a population of just more than 100,000 people, is a high-crime area. In a 50-day period from Sept. 17 to Nov. 5, there have been eight armed robberies and four assaults with a deadly weapon within less than a mile of Richmond High School, according to Richmond Police crime mapping technology.

The night of Oct. 24 marked homecoming at the high school. A 16-year-old girl went to the dance that night, and around 9:30 p.m. she left alone. She walked from the school, intending to call for a ride home. She made it no more than 400 feet when a classmate called to her from behind a fence separating a school courtyard from the street. He climbed the fence and accompanied her to a dark area with a bench.

There, a group of people were drinking. She chugged a bottle of brandy, quickly became heavily intoxicated and collapsed on the bench. Semiconscious, she was beaten, robbed and raped repeatedly by as many as seven men for more than two hours.

Police say up to two dozen bystanders witnessed the crime at close proximity. Some allegedly pointed at the victim. It’s been reported some laughed while others used cell phones to take pictures and rooted for the perpetrators. As word of the attack spread, more came to the scene and watched. Some of them may even have participated in the attack.

Thirty or more people may have been involved in this crime. It must have been mob mentality or the fear of being a snitch that silenced the voyeurs who watched. As for the perpetrators, a perverse notion of power must have rushed over them. They knew the attack would be easy, especially with such a crowd behind them. This is the most heinous type of crime.

It wasn’t until a nearby resident, 18-year-old Margarita Vargas, heard about the girl from her boyfriend, who did not witness the crime, that police were called. After the call, Vargas courageously went out to the scene to check on the victim.

“I could tell that she had been beat up because her face was swollen,” she said to a CBS affiliate in San Francisco. “She was naked, didn’t have shoes. They just covered her up and stuff.”

Police came to the scene to find the girl as Vargas had. She was taken to the hospital in critical condition. One suspect fled the scene and was arrested soon thereafter. Five other suspects have been arrested, as of Nov. 7. Four of them face life in prison.

In California it is illegal to witness a crime committed against a child and not report it. Sadly, the law only applies to children 14 years old and younger. The victim misses the cutoff by less than two years.

The perpetrators of the crime should receive life sentences for this cowardly and brutal assault on a helpless young girl. A judge giving them a lighter sentence irresponsibly ignores the victim and the safety of the public. But because of a legal technicality, the not-so-innocent bystanders can’t be charged. That year and a few months are the difference between jail time and total freedom for those who stood by and watched, doing nothing to stop this heinous crime.

Regardless of whether they are charged, I hope those voyeurs live out their lives with a wracking guilt worse than any jail sentence. At best, they are guilty of dawdling during the attack. At worst, they ridiculed and recorded a broken, battered victim of a horrific crime as it happened.

The victim was released from the hospital on Oct. 30 after a remarkable physical recovery. Emotionally, she faces a much longer road. I urge University of Maine students to show support for the victim of this crime by sending cards to Jane Doe, care of Richmond High School, 1250 23rd St., Richmond, CA 94804-1011.

Michael Shepherd is a columnist for The Maine Campus.

  • Josh

    If this is not a hate crime, what is?

  • tara

    It’s a hate crime against all of humanity if it is. Not against a particular race, gender, class – against all human beings and life. To be capable of this requires the worst kind of evil and I have prayed every day since I heard of this that justice is served to the utmost degree. I hope every person that attacked this innocent child and every single person who didn’t lift a finger to help her suffers the worst type of suffering imaginable. I know hate and violence are not the answer but they deserve nothing more in my opinion. They are less than animals. They are monsters. Disgusting monsters. How can teens/young adults of this age be without any conscience? This is what keeps me up at night. How on God’s earth can these kids have no sense of what it means to torture another human being? I pray so hard for her and I hope she knows how much love the rest of the world is sending her way.

  • Josh

    Teen culture is being increasingly corrupted by an overwhelming ignorance of consequences and lack of respect for other people. While most teens are not caught up in this narcissistic and cruel mentality, it has been clearly shown that far too many are.

    Such individuals are remarkably reactive and indignant, often to the point of violence, when they believe are disrespected regardless of how they have abused the other person. Too often people who commit or condone this sort of brutality not only feel no remorse but believe it is justified.

    This twisted mentality has been shamelessly displayed by some of the Richmond students that have been blaming the victim of this horrific crime and by those who have threatened those who would help bring the guilty parties to justice.

    It is clear that the victim should not return to this school for her own safety and that those who have threatened to seek revenge would feel no more remorse than those that viciously violated and assaulted her.

    They will pay for this in many ways throughout their lives but unfortunately, as this case illustrates, many will suffer along with them.

  • Aaron

    The way the attackers were encouraged by the mob that included people who allegedly recorded the brutal rape and beating is a part of the same mentality that led to this horrific attack.

    There are students who have threatened girls trying to find the recordings and pictures of the assault for evidence and some ignorant thugs have even said that if the accused go to jail they will harm her when she returns to the school.
    Those who cheered the gang rape should be charged with aiding and abetting and those who recorded it should be charged with the production, possession and distribution of child pornography.

    Society must have a zero tolerance for these attitudes and no stone should be left unturned to punish those involved and to drive home that a civilized society will not tolerate the violence or the thuggish mentality that created and condones it.

  • ddsharper

    Gang rape, pulling trains, individual rape are all quite common, not only in the USA but around the world. It being common begs the question; is this a trait of all men, a trait that in some is suppressed and in others held at bay by laws? A young lady told me today of how she was forced to watch her boyfriend, a ruthless gang leader, and his posse of 10, gang rape her best friend after beating the girl nearly unconscious. When she tried to stop them she herself was severely beaten. For 2 and 1/2 hours, for 150 minutes, for what must have seemed an eternity, this 15 year old girl, after being lured into a den of evil, was beaten, sodomized, raped and dehumanized. For 150 minutes she felt the pain of strangers entering her without mercy, without regard and without restraint, hearing in the background the jeers and cheers of passersby, on a campus with security, near a school she attended, in a city where her parents lived, in a place without protection. Left alone, semiconscious, unable to stand, needing a helicopter for transport, and no one has come forward with video they possess, regardless of reward or promise of compensation. This is America, a place that breeds animals, feeds evil and disregards the sacredness of women and children. Woe unto the many with perversions too evil to fathom, and a nation that tolerates it. Rape should equal the death penalty, period. At least the inmates in our prisons have it right. Hopefully they will do the justice our justice system refuses to do. Death is the only answer to such a heinous and unconscionable crime. That girl’s life is gone; she will never recover.

  • Ryan

    Really guys? I am in no way condoning the actions of the people who watched this event, but why do you feel that we must put good Samaritan laws in place?
    Yes this act was horrific, but what law would you consider them breaking for not calling the police? Good Samaritan laws would be way too hard to enforcer.

    On a side note, the people who took pictures could be brought up on child pornography charges…

  • Aaron

    I agree that good samaritan laws would be hard to enforce, but in this case they wouldn’t have been any harder than the laws that would have applied if the girl had been 14 and not 16.

    More importantly, I still believe that those in the mob that cheered on the brutal violations and assaults fit the criteria for aiding and abetting. They would have helped the rapists overcome any lingering inhibitions with their approval and would have been a factor in both aggravating and prolonging the duration of the over two hour attacks.

    Additionally, they would have also played the biggest role in preventing anyone from interfering or going for help. I believe that these things make them more than just observers but involved participants in the crimes even if they didn’t lay a finger on the victim.

    Those who took pictures and video could definitely be charged for making and possessing and possibly distributing child porn and I am familiar with at least one rape case where this has been pursued and led to a conviction in addition to the charges of sexual assault.

  • Niel

    Do you think they were simply born this way, torturous, heinous?

    Maybe, possibly one or two of them.

    I imagine that at one time these perpetrators were the children that you worry for all night. They didn’t just come out of the ground for this crime of opportunity. I am willing to bet these are people who were shown the worst, and now they show the worst.

    I don’t have compassion for the criminals. It is too late for them. They are truly monsters as you point out, however they became such is irrelevant now.

    What to do to prevent their children from becoming monsterous?

    That is a question that needs an answer. Hopefully the perpetrators do not have children and if they go to jail, never will.

    I wonder something like this is possible here in Orono, or Bangor?

    I think it is much less likely, but that is just a gut feeling.

    In any event, don’t be frightened. That won’t help anything. If it really concerns you then do something about it. Try and learn about how and why a crime like this happens.

    Finally, I believe it is a hate crime, perhaps not against humanity (overly broad), but certainly against women. A woman in that community might feel different about walking home alone after this.

    It is important that woman are respected in all locales, not just our own, if only because ignoring this behavior may allow it to spread. When something like this happens somewhere else, then it must be a crime everywhere. It is easy to say that what happens in the Middle East is their problem and not ours, but it is not as easy to say the same about what happens in California, or Texas, or Florida, or New York, or Portland is not our problem.

    Well, hopefully the girl heals and can someday put most of this behind her. It doesn’t seem easy. I guess we ought to be glad that they didn’t kill her.

    What I wish for is justice, an eye for an eye, but I’ve been told that isn’t appropriate for civilized people. It doesn’t, however, make me want it any less. I believe they ought to castrate the men with a rusty butter knife, and then…

    Something more appropriate and useful may be to engage the wonderful, functioning democracy that is set up in this country to protect the rights of peaceful citizens versus criminals, before more events like this take place, but like most Americans I also feel that idea seems like too much work. I guess I’ll just watch a good revenge movie, maybe The Patriot or Gladiator, and forget about it.

    I’ve gone on a bit.
    Peace