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Magically Ridiculous ([info]staroverthebay) wrote in [info]unfunnybusiness,
@ 2010-11-10 16:33:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
Entry tags:sure we don't need no feminism, what is this i don't even, wtf

what is this i dont even
Rape charge dropped after accuser commits suicide


By COREY WILLIAMS
Associated Press

HURON TOWNSHIP, Mich. (AP) -- Samantha Kelly endured merciless taunting from classmates after they learned that the high school freshman had accused a senior of rape.

The weeks of harassment eventually became too much. Samantha went home from school Monday and hanged herself in this community southwest of Detroit.

With their key witness dead, prosecutors on Wednesday dropped criminal charges against the older student, saying they had no case without the accuser's testimony.

Samantha's mother screamed at 18-year-old Joseph Tarnopolski after his brief court appearance and had to be restrained by a relative. She told reporters she was not consulted about the decision to dismiss the third-degree criminal sexual conduct charge.

"My daughter did not get any justice," June Justice said.

Samantha's accusations became known to many of her neighbors and classmates after she and her mother spoke to a local television station about the matter. Samantha's face was blocked out, but word of her allegations quickly spread.

"People wanted to beat her up - people who were friends of Joe," said Ayla Raines, who also attended Huron High School. "Not to her face. She heard from other people that they wanted to beat her up."

Another student, Calie Bouchard, said 14-year-old Samantha was confronted once in the lunch room by a group of girls who insisted she was lying.

"She started breaking down in tears," Calie said.

Principal Donovan Rowe said school officials investigated the alleged bullying and found nothing overt. Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.

Huron Township police said Justice brought her daughter to the station on Sept. 27, a day after the encounter with Tarnopolski, to file a sexual assault report. At the time it was considered a statutory rape case, meaning the pair had consensual sex but that she was under the age of consent.

Justice also met with school officials and asked to keep the matter confidential, the principal said. Initially, he added, there was no animosity between the two families.

School officials said they were blindsided by the Oct. 18 television report in which Justice criticized administrators for not taking action to protect her daughter.

Before the story aired on Detroit station WJBK, Justice "was pretty complimentary of us," Rowe said. "She indicated she wanted to move her daughter to another school, but Samantha wanted to stay here."

Samantha had not been at school for about two weeks before returning Monday morning with her mother.

"Her mom had mentioned some harassment," Rowe said. "I asked her specifically if it was happening here. She said no. It was happening in the trailer park."

Samantha told close friends she was constantly being intimidated.

"She told me she was being extremely bullied, and it was extremely stressful," said 16-year-old Devyn Waldecker, a neighbor in the Huron Estates mobile home park. "People bumped into her in the hallways at school. On two occasions after school, people tried to jump her."

Waldecker, who attends another school, wanted to help the girl she had befriended just this past June, but "really didn't know what to do."

"I told her I was there for her - anything she needed from me," Waldecker said.

Samantha didn't deserve such an ordeal, said Devyn's mother, Shannon Waldecker. "Sam was a very sweet, soft-spoken person and very honest."

After school Tuesday, Devyn Waldecker learned from Samantha's mother that her good friend was dead.

"I was shocked and heartbroken," the girl said.

On Wednesday, Wayne County prosecutor's spokeswoman Maria Miller said the case against Tarnopolski could not proceed "because the sole evidence ... was the complainant."

Attorney Joseph Kosmala, a Detroit-area defense lawyer who was not involved in the case, said the prosecutor seemed to have no other choice.

"Sexual assaults are not crimes that typically take place in front of witnesses. They're private crimes," Kosmala said. "Unless the complainant can sit in the witness chair and point the finger, there is no case."

Police notified school officials Monday night about the suicide. Students were told the next day that a schoolmate had died and that counselors were available.

Tarnopolski's attorney, Jacqueline George, called the case "a sad situation" for all involved. "I hope both families can heal," she said.

A Facebook page was created to memorialize Samantha and by Wednesday afternoon had more than 550 friends. It reads, "R.I.P., Samantha Kelly. You will be missed. We love you."

---

Associated Press writers Jeff Karoub and Ed White in Detroit contributed to this report.


Wow. The easy way out of being convicted of rape? Kill your victim, or make the victim commit suicide!

What the hell is wrong with the legal system?


(Post a new comment)


[info]hallidae
2010-11-11 02:14 am UTC (link)
Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.

...Because every bully in the school system is totally like the after school special bully who doesn't give a rat's ass about the figure of authority seeing it. This is the weakest excuse ever.

(Reply to this)(Thread)


[info]brennalarose
2010-11-11 05:01 am UTC (link)
THIS.

(Reply to this)(Parent)


[info]lil_miss_stfu
2010-11-11 02:27 am UTC (link)
Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.

Riiiiiight, because bullies are so stupid that they'll do it in front of the fucking SCHOOL PRINCIPAL. Dumbass.

(Reply to this)(Thread)


[info]missmercurial
2010-11-11 06:05 am UTC (link)
THIS! I am so fucking sick of the "oh, it's not happening in front of teachers, so it's not happening at all" excuse. Of course they won't do it in front of a witness who has the power to punish them-but as long as it's their word vs. the victim's, nine times out of ten, (at least in my personal experience) the bullies will be believed-because, hey, five of six of them are saying the same thing, so it must be the truth, right? Ugh.

(Reply to this)(Parent)


[info]cyndra_falin
2010-11-11 06:14 am UTC (link)
OMFG THIS!!!!

(Reply to this)(Parent)


[info]quantumreality
2010-11-11 02:28 am UTC (link)

D:

(Reply to this)


[info]indis_earfalas
2010-11-11 02:39 am UTC (link)
Principal Donovan Rowe said school officials investigated the alleged bullying and found nothing overt. Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.

I had to read that three time to make sure I had it right.

Is this guy really that naive, or is he being deliberately obtuse?

(Reply to this)(Thread)


[info]issendai
2010-11-11 04:01 am UTC (link)
Why is it that three-quarters of the fucking adults in the fucking school system act like they had every fucking memory from before age 30 ripped out of their worthless, hollow, sack-of-shit heads?

Please excuse the language, but this is one of the biggest issues I have with the school system: Teachers and administrators who act like they sprang full-grown from Zeus's head. I caught MY OWN MOTHER doing it. What in hell is wrong with people? Shouldn't daily exposure to kids make them more sensitive, not less? Or is the daily message "Schoolkids' societies suck and take a hell of a lot of work to set right, so get cracking" too much to take, so they brainwash themselves to dodge the effort?

(Reply to this)(Parent)(Thread)

(no subject) - [info]alexielnet, 2010-11-11 05:34 am UTC
(no subject) - [info]chikane, 2010-11-11 10:24 am UTC
(no subject) - [info]telegramsam, 2010-11-12 02:17 pm UTC
(no subject) - [info]portkey, 2010-11-12 05:36 pm UTC
(no subject) - [info]telegramsam, 2010-11-12 05:45 pm UTC
(no subject) - [info]bemysty, 2010-11-11 11:59 am UTC
(no subject) - [info]sistercoyote, 2010-11-11 06:16 pm UTC
(no subject) - [info]vorpal_blade, 2010-11-12 05:07 am UTC
(no subject) - [info]telegramsam, 2010-11-12 02:20 pm UTC
(no subject) - [info]staroverthebay, 2010-11-11 06:39 pm UTC
(no subject) - [info]bemysty, 2010-11-12 02:21 am UTC
(no subject) - [info]iamnotyourmuse, 2010-11-12 05:43 am UTC

[info]b_jellybean
2010-11-11 02:47 am UTC (link)
I saw this on the news yesterday and felt blindsided when I saw a Huron High School sign. I know, rationally, that these things go on everywhere, but I've always had this distance.

But this was a school where I subbed many, many, many times. Where a group of kids who liked to eat lunch with their chemistry teacher had a long conversation with me about X-Box. Where the principal stopped by my classroom every time I was there just to say hi.

I suppose my students would probably take it the wrong way if I came into work tomorrow and hugged them all.

That poor, poor girl.

(as a side note, I found it very very interesting how at least one local news station was reporting the story as coming out of Romulus, rather than Huron Township or New Boston (where the school is.) It strikes me as a little fishy that they'd rather identify this as coming from more "urban" Romulus rather than near-rural, 93% white Huron.)

(Reply to this)


[info]khym_chanur
2010-11-11 02:54 am UTC (link)
What the hell is wrong with the legal system?

Well, if the only evidence was her word, then after she died the only evidence they could bring to trial would be hearsay, which wouldn't be allowed. So the only ways I could see of fixing it would be:

1) Have a policy of immediately getting a sworn affidavit from any crime victim, on the chance that they die before trial.

2) Pass a law to allow hearsay evidence when the victim of the crime dies before the trial.

(Reply to this)(Thread)


[info]violetsquirrel
2010-11-11 03:23 am UTC (link)
The only way of fixing it is protecting people from situations like this so they don't feel the need to commit suicide.

(Reply to this)(Parent)


[info]scifantasy
2010-11-11 01:20 pm UTC (link)
Even a sworn affidavit or change of law wouldn't help here--the Sixth Amendment's Confrontation Clause says that any accused has a right to confront his or her accuser.

(Reply to this)(Parent)


[info]rhosyn_du
2010-11-11 09:58 pm UTC (link)
Maybe things are just really different in Michigan than they are in California, but I have trouble buying that any charges would have been brought if they had zero physical evidence. If all they had was the victim's word, the DA would have had to be criminally stupid to have brought charges. If they'd said they didn't have enough evidence to prosecute without the victim's testimony, that would absolutely make sense, but the way this is being presented, it seems more than a little fishy.

(Reply to this)(Parent)(Thread)

(no subject) - [info]vorpal_blade, 2010-11-12 05:02 am UTC
(no subject) - [info]keri, 2010-11-12 05:49 am UTC
(no subject) - [info]rhosyn_du, 2010-11-14 06:55 am UTC
(no subject) - [info]staroverthebay, 2010-11-11 10:38 pm UTC
(no subject) - [info]ghostmaster, 2010-11-12 07:03 am UTC
(no subject) - [info]jyuu, 2010-11-12 09:46 am UTC
(no subject) - [info]ghostmaster, 2010-11-12 03:16 pm UTC
(no subject) - [info]agent_hyatt, 2010-11-13 12:58 am UTC
(no subject) - [info]ghostmaster, 2010-11-13 04:10 am UTC
(no subject) - [info]agent_hyatt, 2010-11-14 03:45 am UTC
(no subject) - [info]sandglass, 2010-11-14 05:13 am UTC
(no subject) - [info]agent_hyatt, 2010-11-14 07:15 pm UTC
(no subject) - [info]staroverthebay, 2010-11-12 09:04 pm UTC
(no subject) - [info]ghostmaster, 2010-11-13 04:16 am UTC
(no subject) - [info]staroverthebay, 2010-11-13 04:37 am UTC
(no subject) - [info]snarkhunter, 2010-11-13 04:29 pm UTC
(no subject) - [info]keieeeye, 2010-11-21 01:39 am UTC

[info]amadi
2010-11-11 03:09 am UTC (link)
Can we please have a moment of hate on for that Fox affiliate that broadcast the girl's mother's face and name, thereby identifying her to the public? Because I've got a lot of hate on for that utterly incompetent "news" staff.

(Reply to this)(Thread)

(no subject) - [info]missmercurial, 2010-11-11 06:07 am UTC
(no subject) - [info]frenzy, 2010-11-11 06:19 am UTC

[info]finchbird
2010-11-11 03:32 am UTC (link)
Oh dear God.

Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.

OF COURSE YOU DIDN'T WITNESS ANY HARASSMENT. NO ONE WOULD HAVE BEEN STUPID ENOUGH TO HARASS SAMANTHA WITH YOU RIGHT BEHIND HER, YOU DUMBFUCK.

(Reply to this)(Thread)

(no subject) - [info]silmaril, 2010-11-11 04:18 pm UTC
(no subject) - [info]cygnia, 2010-11-12 07:07 pm UTC

[info]evilsqueakers
2010-11-11 04:13 am UTC (link)
Besides my desire to use steel-toed cowboy boots on the incompetent principal, I can't believe that he said, "Initially, he added, there was no animosity between the two families."

Are you that fucking stupid, sir? Do I need to teach lessons learned in goddamn third grade that being bullied will always create animosity, especially in such a severe case?

I'm tempted to say burn the whole place down to the ground with the lack of care the students are getting. Seriously.

I just.

No.

(Reply to this)


[info]bacon_lover
2010-11-11 04:16 am UTC (link)
Fuck.

(Reply to this)


[info]cyndra_falin
2010-11-11 06:18 am UTC (link)
I am sick to my stomach. D:

(Reply to this)


[info]damien
2010-11-11 07:32 am UTC (link)
Things like this make me want to be religious just so that I could console myself with the thought that there WILL be justice for her, at least in the afterlife or in the form of karma.

Fucking hate the world.

(Reply to this)


[info]ekaterinv
2010-11-11 10:04 am UTC (link)
I'm waiting for an "it gets better" campaign directed at female teen victims of sexual harassment and abuse. (But I'm not holding my breath -- misogyny is far too normalized.) It does get better. Somewhat.

Samantha didn't deserve such an ordeal

But if she'd been an outspoken bitch then she'd have deserved it of course!

(Reply to this)(Thread)

(no subject) - [info]chikane, 2010-11-11 10:21 am UTC
(no subject) - [info]kookaburra, 2010-11-12 09:35 am UTC
(no subject) - [info]silmerin, 2010-12-10 06:29 am UTC

[info]bof
2010-11-11 03:08 pm UTC (link)
Wow, my faith in humanity died again.

(Reply to this)


[info]ajatshatru
2010-11-12 04:30 am UTC (link)
Thank you for posting the name of the rapist. I now have 3 such names (one being an inciter of gangmindrape) I intend to follow up for the rest of their lives.

(Reply to this)


[info]vorpal_blade
2010-11-12 04:58 am UTC (link)
"Unless the complainant can sit in the witness chair and point the finger, there is no case."

Doesn't the accuser have to get there first, intact? This is why, immediately after a rape, the victim should be deposed and the deposition should be admissible in court no matter what happens to the victim after that. This is permitted with kids who've experienced trauma and it should be permitted with adults who've experienced trauma, too.

Oh, and some counseling for someone who'd gone through what she did wouldn't hurt. It sounds like she was dealing with both the aftermath of the attack and the harassment all by herself. She needed to be away from any toxic people who wanted to pressure her into changing her mind about the charges or at least talking regularly to someone who could have advised her on dealing with those harassing her or who could have advocated for her to others to help stop the harassment.

What year is this again? 1870?

(Reply to this)


[info]lilychan
2010-11-13 11:33 pm UTC (link)
......

i got nothing.

(Reply to this)


[info]yolanee
2010-11-16 11:44 pm UTC (link)
Seriously what's wrong with the USA and bullying? Is it seriously that accepted. :/ I mean it's in every movie that features teenage or younger character, but I always thought it's an exaggeration. But I guess it isn't if something like this crap (Rowe said on occasion he walked behind Samantha as she went from class to class and witnessed no harassment.) is considered as enough investigation.

This is just...sad.

(Reply to this)


 
   
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