Richmond High gang rape
As anger builds over the Richmond High gang rape, people are asking: Should the witnesses who stood by watching be jailed, too?
Saying no to violence after the Richmond High gang rape (AP Photo/Paul Sakuma)
Police have arrested six people so far for the gang rape of a 15-year-old girl outside the Richmond, Calif., high school homecoming dance. As many as two dozen people reportedly watched the assault—some laughing and joking—but didn't call police. Should the bystanders be punished, too?
The onlookers should go to jail—but won't: It should be a crime to stand idly by while a 15-year-old girl is beaten and raped, says blogger Matthew Yglesias. But it's not—California law only holds witnesses accountable for failing to report a crime if the victim is 14 or younger. "In other words, in this case those who stood by and did nothing cannot prosecuted."
"Did witnesses who watched gang rape and did nothing break the law?"
Not all the witnesses are in the clear: Some of these people were more than just bystanders, says Michael B. Farrell in The Christian Science Monitor. Some bystanders reportedly recorded the Richmond High gang rape on cell phones, and others cheered. If that's true, those people "could be charged as accomplices under California law even if they didn't physically assault the victim."
"Homecoming rape: When do bystanders become accomplices?"
Punishing bystanders isn't the only way to help: Making laws more strict might compel more bystanders to call police, says Kate Dailey in Newsweek, but many educators think "bystander education"—not fear of punishment—is the way to get young people like the Richmond High gang rape bystanders to do the right thing. Teach kids in advance that they can do something to help, and many will make the right choice.
"Bystanders no more: Teaching kids to respond to violent crime"
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29 Comments
Posted by CA_target, Friday, October 30, 2009, 8:32 pm Until legislation is passed to protect people who come forward with information about a crime they will continue to fear retalliation. As far as the people who watched and took photos and cheered, they participated. Yes, they chould be charged. Write your representatives to increase stalking legislation to include resources and training to ALL stalking victims. Domestic, gang recruiters, bullies, organized stalking, work harassment. What good are restraining orders if the only watching the stalking is the target?
Posted by Old Law, Friday, October 30, 2009, 8:48 pm This is not the first time this exact situation has happened. Any affirmative act by a bystander, including encouragement, can subject them to prosecution for aiding and abetting. Did The Week, or anyone else reporting on this, bother to call so much as a first year law student?
Posted by AB, Friday, October 30, 2009, 9:14 pm This is absolutely ridiculous!! People should be ashamed of themselves. To the comment posted by Old Law, the article states that the people who recorded and cheered could also be charged as accomplices!!!
Posted by Maria , Friday, October 30, 2009, 9:15 pm Yes, I do agree that the witnesses who stood there and watch should be arrested. There is no reason for a human being to stand there and watch another person get raped, regardless if the victim was drunk or sober. People have to remember that a victim can be weak, depends on the situation. Im sure that the witnesses have brothers or sisters and im sure that they would not let this happen to their own siblings. Since there is so much violence in this city, The City if Richmond should get together with the police station and clean them out.
Posted by Bush, Friday, October 30, 2009, 9:46 pm This is a horrible crime to hear about and I can not imagine being a witness to seeing this hateful crime. In life, we are taught ethics and morals. These kids knew exactly what they were doing while watching and cheering. However, the responsiblity of protecting our youth was compromise by the school district. To futher analysis this situation our goverment have failed all of us by cutting the budget for teachers. This has lead to the overcrowdness in classes. Nonethless, America we must protect our youth by protecting our teachers.
Posted by jesse, Friday, October 30, 2009, 10:13 pm We need as a society to go back to the time where we could whip our kids, nowadays we punish our kids, then get the law called on us. I had a healthy fear of my pops. get GOD back in the school and in our childrens lives. I don't see how she will every trust anyone ever again! Let us start taking care of each other. Love each other. And damn it, stop worrying about what people think and just do the right thing. Let us all pray for the victim and her family.
Posted by G, Friday, October 30, 2009, 11:50 pm 14 or younger? That is crazy, the laws should protect people of ALL AGES. Especially if it involves a rape offense. And what a repulsive group of people that were at that party and watching or perpetrating the crime. The bystanders should be charged.And we should have the death penalty for rape, none of this life in prison, let's pay for them to exercise, eat and get college degrees garbage.
Posted by MML, Saturday, October 31, 2009, 1:21 am 1. Bystanders are BLAMING the victim. I'm sorry but when you have a student gang raped other students on television saying she got what she deserved? There's no hope for those students. 2. Paid security and school officials saw the group of 20somethingyearold men loitering outside the dance and did nothing. Sue, prosecute to the fullest extent of the law, pass new ones do whatever it takes to protect young women. The mothers wailing about their poor sons being targeted? No sympathy.
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