JoeClarke.Net

Following Entry Posted 9/06/2005 06:26:00 AM
At http://interested-participant.blogspot.com/2005_09_01_interested-participant_archive.html


No Prosecution for Dumb Juvenile Rapists

(Cleveland, Ohio) Apparently, rape and sexual assault by mentally retarded juveniles are not crimes.

From The Plain Dealer:
A judge threw out the cases against three 15-year-old East Tech High School students after finding the boys mentally incompetent to stand trial on charges they raped a classmate.

In April, the 17-year-old accuser told police and Cleveland schools officials that the boys - all special education students - raped and assaulted him at least three times. He said the attacks were in a second-floor bathroom, in a locker room and on the indoor track.

A school janitor said he witnessed at least part of the third incident and reported it to his boss.
Cuyahoga County Juvenile Court Judge John Gallagher did not rule on the validity of the allegations. He just summarily threw out the case because the culprits had low IQs.

The prosecutor objected to Judge Gallagher's decision and requested an independent examination of the alleged sex offenders. Gallagher told the prosecution to stuff its independent examination and refile the charges if the accused are restored to competency. The underlying, and probably erroneous, assumption is that the boys were competent at some time in the past.

In summary, either the laws of Ohio or Judge Gallagher or the combination have deemed that ultra-dumb serial gang rapists cannot be prosecuted. As such, it appears that society is powerless to stop them. Of course, I haven't been wearing my do-gooder, psycho-babble propeller beanie, so I'm just too dumb to understand. It seems to me that crimes should be prosecuted. If the accused are too dumb to assist in their defense, tough shinola. Worry about their competency after conviction.