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Bill O'Rights · 04-13-2005, 05:02 AM

Quote:

PLATTSMOUTH, Neb. - A freshman football player at Plattsmouth High School testified that he was terrified of senior Jacob Schippert.

The boy, now 15, was the first witness called Tuesday in the first-degree sexual assault trial of Schippert, 17.

The boy told the Cass County District Court jury that he had been targeted by Schippert. He calmly relayed what happened after football practice ended at 7 p.m. Aug. 19.

The boy said Schippert penetrated his rectum with two fingers, one-fourth to one-half inch through his underwear. The boy also said Schippert exposed himself, simulated a sex act on him and grabbed his buttocks.

Schippert's attorney argues that the incident was locker room horseplay that was not sexual in nature.

On Tuesday, the boy testified that after the practice on Aug. 19, he sent two teammates into the locker room to make sure Schippert was not inside.

"I just sat out there because I was afraid of Jake Schippert doing anything," the boy testified. "They said he was not in there."

Thinking it was safe, the freshman said, he went in. At his locker, he began undressing.

Suddenly, Schippert emerged. The varsity athlete, who was wearing only jean shorts, exposed himself, the younger boy testified.

Within a few seconds, Schippert grabbed the smaller boy from behind and pinned him over a bench.

A half-dozen teammates were in the locker room to witness the incident, the boy said.

Several minutes later, Schippert returned to the area.

"He just said, 'I'm sorry,' and walked away," the boy said. "I sat there a while longer and cried. Then I ran home crying."

That night, the boy's mother testified, she heard the door slam. She ran upstairs to find her son with his head buried in a couch.

"I've never seen (my son) this upset," the woman testified. "It was hard to understand him. He was crying hysterically."

The woman called freshman coach Kevin Tilson, who came over to the house that night. The freshman told the coach what happened.

Cass County Attorney Nathan Cox on Tuesday asked the boy whether the incident was horseplay.

"Did you ever say it was OK, you can do this?" Cox asked. "Did you want him to do this?"

The boy replied no.

During opening arguments, Cox told the jury that he would prove beyond a reasonable doubt that Schippert sexually penetrated the boy's rectum. Sexual penetration without the victim's consent is the legal threshold to secure a first-degree sexual assault conviction in Nebraska.

"This case is about domination," Cox said. "This case is not about horseplay or freshmen and seniors goofing off."

Under cross-examination by defense attorney Angela Slattery, the boy testified that at no time did Schippert ever pull down the boy's underwear.

The boy and his mother also testified that neither sought a medical examination after the alleged assault.

During her opening statement, Slattery said her client engaged in a locker room antic that was not a sexual assault in any way.

"How can penetration occur through clothing?" Slattery asked. "Ladies and gentlemen, how does it happen?

"This isn't a case about domination. Two high school boys are involved in horseplay as high school boys do. It may be this was taking things a step too far. It may not be acceptable. It may not be right, but it's not sexual assault."

In my opinion, this goes way beyond simple horseplay. "The boy" was obviously afraid of Schippert for a reason. He went out of his way to avoid him, and was unsuccessful. Now, we've all been to high school. We've all seen similar situations...though not to this degree, I hope. We've all known a "Schippert". Was this a simple matter of horseplay that got out of hand? Or, was it a display of dominance? Does it go so far as sexual assault? Should Schippert be made an example of? Or, is "the boy" just a whiney little mama's boy, that needs to toughen up and gut it out?