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Call it bullying or call it horseplay. Either way, a state appellate court panel says roughhousing with a sexual connotation by a pair of 14-year-old Somerset County boys was a crime that requires them to register as sex offenders for the rest of their lives.
....
One of the boys, whose case went to trial, said he had sat on the faces of a pair of 12-year-old schoolmates with his bare buttocks in November 2008 "cause I thought it was funny and I was trying to get my friends to laugh," he told a family court judge.
But an act is considered criminal sexual contact if it is done for sexual gratification or to degrade or humiliate the victim, and punishable by lifetime registration — even for juveniles — under Megan’s Law, which requires a person convicted of a sex crime against a child to notify police of changes of address or employment.
Basically, two 14 year old boys stuck their bare butts on two 12 year old boys faces while joking around. The boys have been charged and found guily of criminal sexual contact, which under Megan's Law requires them to register as sex offenders for the rest of their lives with all the consequences that goes with that.
My personal take is that this is ridiculous. Anyone whose been in a locker room, frat house, party, whatever has seen this happen. Heck, this is a common sibling prank. Drop the pants, butt in face of restrained or unsuspecting person, fart, hillarity ensues. There are thousands of pictures online and YouTube videos showing this exact thing.
Everytime we pass an "*insert vitcims name here* law" there are always unintended consequences, in this case two boys will be labelled as sex offenders for life over nothing more than a teenage prank.
I could understand considering this bullying and punishing for that, but to be charged with a sex crime and labelled a sex offender, ridiculous.
I to find that this is taking it a bit far. Now, for the rest of their lives they will have to register as a sex offender? Rediculous! There should be consequences to what they did, but not this.
How would you feel if someone did this to your 12 year old? Against his wishes?
I think "sex offender" goes too far but just because a lot of stupid kids do it doesn't mean it's acceptable. And as far as "sibling prank" goes: I raised 3 sons. If I had seen them try this on one another I'd have blown a fuse. One of our rules was you respect your brother because he is a human being. You do nothing to degrade your brother. You do nothing to degrade any human being because that takes YOU down a few notches.
Last edited by DewDropInn; 07-21-2011 at 10:46 AM..
How would you feel if someone did this to your 12 year old? Against his wishes?
I think "sex offender" goes too far but just because a lot of stupid kids do it doesn't mean it's acceptable.
If my child were the victim and it had been done forcibly then I think, as I stated earlier, that it should be treated the same way as any other bullying incident. I don't think in general it is acceptable to hold people down and stick your butt on their face, but intent also needs to factor in here. The boys did it to humiliate and embarrass the victims, not to sexually assault them, there is a big difference.
To hold these two to the same standard we would hold a pedophile or rapist is ridiculous. The sex offender stigma will follow them for their entire lives. Everytime they move, they need to register and their neighbors will be informed. They won't be allowed to live within certain proximities to places children gather. Their names will be in an easily searchable database. Anytime anyone runs a background check for a job, school, mortgage, etc. this will show up and need to be explained. If they have children one day, they won't be allowed to volunteer at the school, sports team or scouts. Everyone will know that they are simply sex offenders and the context of why they are labelled as such will be lost.
They may deserve some punishment, but this is going way too far and I'm extremely disappointed that the judges felt the wording of Megan's Law was so strong that they had no choice but to enforce this penalty.
Jeez! As disgusting as those 14 YOs are, calling them sex offenders takes of waaaaay to far. Maybe they should be punished in some way, but that's way too harsh. Didn't kids used to do that and just get suspended or expelled or sent away to a school or something?
Basically, two 14 year old boys stuck their bare butts on two 12 year old boys faces while joking around. The boys have been charged and found guily of criminal sexual contact, which under Megan's Law requires them to register as sex offenders for the rest of their lives with all the consequences that goes with that.
My personal take is that this is ridiculous. Anyone whose been in a locker room, frat house, party, whatever has seen this happen. Heck, this is a common sibling prank. Drop the pants, butt in face of restrained or unsuspecting person, fart, hillarity ensues. There are thousands of pictures online and YouTube videos showing this exact thing.
Everytime we pass an "*insert vitcims name here* law" there are always unintended consequences, in this case two boys will be labelled as sex offenders for life over nothing more than a teenage prank.
I could understand considering this bullying and punishing for that, but to be charged with a sex crime and labelled a sex offender, ridiculous.
I think those little creeps should have the sh*t kicked out them. That is disgusting, humiliating and BS behavior.
That said to be registered as sexual offenders for the rest of their lives is criminal and I agree 100% this is stupid.
What happened to the good ol' days when you lined them up in the hall and gave them a couple good cracks with a big wooden paddle.
My teachers had one hanging on their classroom wall. One teacher had his fraternity letters Kappa Sigma Kappa burnt into his. We thought it stood for "kill every kid".
How would you feel if someone did this to your 12 year old? Against his wishes?
I think "sex offender" goes too far but just because a lot of stupid kids do it doesn't mean it's acceptable. And as far as "sibling prank" goes: I raised 3 sons. If I had seen them try this on one another I'd have blown a fuse. One of our rules was you respect your brother because he is a human being. You do nothing to degrade your brother. You do nothing to degrade any human being because that takes YOU down a few notches.
I feel the same way. What a horrible violation for the 12-year-old (2 years younger and likely smaller than the attacker.)
Not sure if such a thing is possible from a legal standpoint, but perhaps it would be appropriate if the sex offender status could be put in place, but lifted after 10 years (at 24) to probation so long as there had been no other incidents. This is definitely a lesser act than others that will get you on the registry. On the other hand, it is an act of violation for the 12 year old to be held down and have someone's buttocks, anus and sexual organs jammed into their face. No matter how the assailant intended it, the victim may very well have felt it as an assault of a sexual nature. That's far beyond just "bullying" or "boys will be boys." I think it's one things when brothers are at home being idiots with each other and there's some give and take. I think it's another when this is done to another child by several bullies.
I feel the same way. What a horrible violation for the 12-year-old (2 years younger and likely smaller than the attacker.)
Not sure if such a thing is possible from a legal standpoint, but perhaps it would be appropriate if the sex offender status could be put in place, but lifted after 10 years (at 24) to probation so long as there had been no other incidents. This is definitely a lesser act than others that will get you on the registry. On the other hand, it is an act of violation for the 12 year old to be held down and have someone's buttocks, anus and sexual organs jammed into their face. No matter how the assailant intended it, the victim may very well have felt it as an assault of a sexual nature. That's far beyond just "bullying" or "boys will be boys." I think it's one things when brothers are at home being idiots with each other and there's some give and take. I think it's another when this is done to another child by several bullies.
Go to YouTube or Google and search for "fart on face" to see examples that are both "give and take" and ones that are most certainly "victim and bully". Based on the thousands of videos and pictures, the police have a lot of work to do locking up all these sex offenders.
FWIW, the judges in the case fully acknowledged that there was ZERO sexual intent here and the entire sentence is based on a particular provision of Megan's Law:
Quote:
But an act is considered criminal sexual contact if it is done for sexual gratification or to degrade or humiliate the victim, and punishable by lifetime registration — even for juveniles — under Megan’s Law, which requires a person convicted of a sex crime against a child to notify police of changes of address or employment.
The trial judge concluded the teenager intended to humiliate or degrade his victims and found him guilty of criminal sexual contact. The second teenager who was implicated pleaded guilty to criminal sexual contact, and received the same penalty.
IDK, but if there is no sexual intent even if it involves "private parts" humiliate and degrade also meets the means test/definition of bullying.
The judges also basically failed to interpret the meaning of the law, simply falling back on a literal reading, even admitting as much:
Quote:
"Although we are not unsympathetic to the arguments criticizing the application of the lifelong registration requirements in (Megan’s Law) to 14-year-old offenders, we are bound to uphold such application because that outcome is mandated by the Legislature,’’ the court said in its ruling.
This is all a very slippery slope to me. What's going to be considered sex offender worthy now? A bunch of guys in the showers after sports practice and someone slaps a younger kid on the butt and teases him? Is that now criminal sexual contact punishable by a lifetime membership to the sex offender registry? Is it bullying? Is it just guys being guys?
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