Locker Room Antics...or, Assault?

[Bill O'Rights]

LINK

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?

[BigBen]

Man, that was sexual assault, plain and simple.

How can you penetrate without pulling the underwear down? Maybe think for a second that the underwear was forced up there too.

Brutal. This is why hazing is banned. People push the limits in the pursuit of "Cool" and then a line is crossed.

I'd put that pretty varsity boy in general population after his conviction, to show him what REAL HORSEPLAY is.

[Janey]

Definitely assault. Sexual or not. I do not like to distinguish. It is also bullying. I thought that in this 'enlighted' era, bullying was actively rooted out in schools.

This Schippert character has some deep rooted issues. Psychiatry may be warranted. being kicked off the team and possibly suspended from school should also be considered.

[streak_56]

Sexual Assault indeed. This is frickin stupid, saying it was just horseplay? Last time I checked sticking your fingers forceably into someone elses rectum is NOT horseplay. I don't think this has anything to do with hazing. Its more of someone going to far with something that shouldn't have happened. Schippert is going to get his ass chewed up in jail.

[lurkette]

Um, horseplay is snapping each other with wet towels or giving noogies or something, not sticking fingers where the sun don't shine. Make the victim a female and there's no fucking question this is sexual assault.

[crapshoot]

Back when I was in high school and playing football this would be seen as a latent homosexual act. Schippert would not have made it out of the locker room without getting beat. I can't believe that six teammates witnessed this act and did not say anything to the coaches. This is not hazing or horseplay. This is some pent up agression released in an all male locker room. Schippert has some issues that he needs to work out. This kid has some problems. Just makes me sick.

[raeanna74]

After reading this I am picturing the boys in school who I reported to a teacher. They weren't allowed to come near me for 2 weeks. After that they seemed to act much more respectful to me. They were the bullies. Bullying no matter how it occurs needs to be dealt with. Bullying that is sexual in connotation is even worse. I think my teacher handled it well. I wonder why the coach when he learned of the actions didn't boot the bully from his team to begin with. I wonder if the issue would have gone to court if the boy had been dealt with already.

[JustJess]

Definitely sexual assault. Schippert didn't 'accidentally' get his fingers that far in. Sometimes, I think it's harder for boys to be the victim of this kind of assault - more societal expectations and interpretations.
I hope Schippert gets to go to jail, and gets scared shitless. Maybe then he'll understand what it means to overpower someone else. Problem is, with this kind of person, more than likely that would just make him want to target a weaker person even more. If he's not stopped, I'd bet we'll have a serial homosexual rape/assault spree.

[Jackebear]

Oh man....I thought I heard it all. Jeezus. If I was 15 and this happened to me, I would have been scared shitless too.

I can't believe the defence attorney Angela said what she said about penetration..."How can penetration occur through clothing?" Slattery asked. "Ladies and gentlemen, how does it happen?

Well, if I put my fingers in her pusswa through her g-string panties...is that penetration??
If I get punched in the face and your wearing gloves...I guess that isn't assault. Lucky you.

I hope that senior spends a few months in the clink...he will then get to really understand the meaning of penetraton.

[ratbastid]

Originally Posted by Jackebear

I can't believe the defence attorney Angela said what she said about penetration..."How can penetration occur through clothing?" Slattery asked. "Ladies and gentlemen, how does it happen?

Yeah, I thought that too. If I was that lawyer, I'm not sure I'd be playing innocent like that.

Definitely sexual assault. Janey, the reason we're glad it's sexual assault and not simple assault is that sexual assault carries bigger sentences. According to the <a href="http://www.google.com/search?hl=en&lr=&safe=off&c2coff=1&client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&q=sexual+assault+minimum+sentence+%2Bnebraska&btnG=Search">googling I did</a>, then this is a Class IV Felony, which doesn't have a minimum sentence, but has a maximum punishment of 5 years in jail or a $10,000 fine. I don't know whether Shippert's being a minor makes a difference in that, but I presume that it does.

[f6twister]

Without a question, this was a sexual assault. The suspect can justify the actions with what ever excuse he wants but when you look at the entire episode, the only thing that matters is permission. Did the victim give permission to the suspect to stick his fingers into his rectum. The answer is no and that makes it an assault.

[Lebell]

Assault, no question.

For one thing, horseplay is consentual and this was not.

[flstf]

I was a freshman on the varsity football team (reserves) in high school and the freshman would take a lot of teasing etc.. from the upper classmen. But this case is going way overboard. I am surprised that some of the other members on the team didn't stop this guy or take care of him afterward. From experience I have found that big guys picking on little guys is usually not tolerated by team mates. But since they didn't I am more surprised that the coach did not do anything after he found out.

It would have been better if the little guy's team mates would have rallyed around him and made the big guy regret it. But if no one came (will come) to his aid then I guess an assault charge may be warranted.

[VitaminH]

That's pretty awful. I read this on Fark awhile ago and was fairly disgusted. We've all had our share of locker room experiences, but this goes way over the line.

I too, am rather irritated at the other teammates for just sitting there and not doing anything. Wheres the camaraderie that is supposed to be there amongst these teams?

[skinnymofo]

id have to agree with most the posts here, at first i thought it was going to be just a stupid hazing incident, imitating sexual acts or chasing around the locker room. but the fingers into the anus not only crossed the line it set it on fire and peed on it.
at my old high school the football players would chase the up and coming sophmore/juniors around the room and would dry hump them. it was funny to watch and doing nothing harmful as far as i can see.
ofcourse i bet that would appal some people

[snowy]

That is disgusting. Really, truly disgusting and disturbing. That kid needs some serious help.

And trust me...anyone who's gone beyond second base knows perfectly well how penetration can occur through clothing. Please, try a different argument.

[Bacchanal]

I'm going with assault too. That is just flat out disgusting.

I saw plenty of "horseplay" in my highschool locker room, and none of it happened the way this was described.

[martinguerre]

who the hell defines horseplay to include unwelcome rectal penetration?

the clothing argument is the worst knockoff of the chewbacca defense i've heard in a long time.

[liquidlight]

I'm reminded of some other "hazing" that involved forcibly inserting broomsticks and PINE CONES into the rectums of freshmen on the football team. Makes me glad I didn't play football. I sincerely hope that he gets convicted of sexual assault, otherwise what message are we sending to other people? Do whatever you want, it's alright, you can just say "Opps, didn't mean it like that!" What's next for this kid, "No, I wasn't trying to shoot him! I was tickling his lungs with the bullets!!" This kind of distinction is ridiculous in most cases, and what Schippert did is somewhat akin to rape in my book.

[MageB420666]

I voted "something in-between"

Now, before people get on my ass, let me explain:

It was, at least, assault. But, it was not neccessarilly sexual assault, I believe most of you are jumping to that conclusion, assuming that it was a case of latent homosexuality being mixed with aggression. It really could have had nothing to do with sex. It could have simply one guy, trying to gain dominance over another. No, that doesn't make it any better, but it does not make it sexual. I believe that most of you are assuming it's sexual because it involves two males and a rectum.

It could very well have been sexual assault, but that will be up to the court to decide, most likely through a psychiatric evaluation. I'm just saying, don't jump to conclusions.

[kutulu]

This is just like the story that the fark cliche UFIA came from. In that case the assaliant was not convicted. The judge said "an unsolicited finger in the anus, while crude, is not criminal"

That's bullshit. He deserves five years in a Federal Pound Me In The Ass Prison.

[ratbastid]

Originally Posted by MageB420666

It was, at least, assault. But, it was not neccessarilly sexual assault, I believe most of you are jumping to that conclusion, assuming that it was a case of latent homosexuality being mixed with aggression. It really could have had nothing to do with sex. It could have simply one guy, trying to gain dominance over another. No, that doesn't make it any better, but it does not make it sexual. I believe that most of you are assuming it's sexual because it involves two males and a rectum.

It could very well have been sexual assault, but that will be up to the court to decide, most likely through a psychiatric evaluation. I'm just saying, don't jump to conclusions.

I see where you're coming from, and I can't claim to know the laws on this matter. But in the case of sexual harassment, whether it's sexual and whether it's harassment is entirely the victim's call. If a person engages in behavior that is percieved as another as sexual harassment, whether or not it was intended to harass, it IS sexual harassment.

I don't see why this should be any different. If the victim felt violated in a sexual way, why isn't it sexual assault?

Look, rape isn't inherantly sexual; most of the time it's about power. You could call it "assault with penis". Why is rape different from simple assault from the legal point of view? Because it's percieved so very differently by the victim!

[greeneyes]

I guarantee this kid isn't going to jail, he's a minor. The worst that could happen is he'll serve time in a juvenile detention center until he turns 18 and then is released with his records as a minor sealed, but I'm betting he gets off with some community service and an order to stay away from and have no contact with the victim.

And yes, I think what he did was absolutely wrong, crossed the line, should be punished, blah, blah, blah. But honestly, does that deserve time spent in a prison and to be made someone's bitch as several posters have suggested? I think not.

[clavus]

Originally Posted by flstf

I am surprised that some of the other members on the team didn't stop this guy or take care of him afterward. From experience I have found that big guys picking on little guys is usually not tolerated by team mates. .

From my experience, big guys picking on little guys was generally accepted if not encouraged. I doubt I weighed more than 100 pounds until I was a Junior. More than once, I was at the recieving end of the "let's fuck with the little guy" horseplay.

I was a distance runner in HS. The runners shared the locker room with the football team. It was never a good idea to go in there without some friends. One could expect to get confronted by a few guys. As long as you didn't get obnoxious, the worst that would happen is all your stuff tossed into the shower, or your books or pants might get stolen. I doubt the unsolicited finger in the anus would have resulted, however.

But who knows. Our football coaches thought the funniest thing in the world was when their players would humiliate somebody.

[kutulu]

Originally Posted by clavus

But who knows. Our football coaches thought the funniest thing in the world was when their players would humiliate somebody.

Asshole coaches like that need to be fired. It's one thing for shit to happen without their knowledge but if they know and they laugh about it that is fucked up.

The sad thing is that this wouldn't be a question if the victim was a girl.

[quadro2000]

Without a doubt, it's assault.

He's just another bully who thinks he can do whatever he wants.

[cyrnel]

This guy should be watched.

Do colleges maintain sex offender lists? Minor or not it would make sense for a school to know they're on the receiving end of this kind of prick. I share the concern he's going to get a wrist slap, bury his illness, and take it out on another unfortunate down the road.

[G5_Todd]

if i was on a grandjury i would indict......"truebill"


on a jury im not sure if i would convict...i would need more info.....

[MageB420666]

Originally Posted by ratbastid

Look, rape isn't inherantly sexual; most of the time it's about power. You could call it "assault with penis". Why is rape different from simple assault from the legal point of view? Because it's percieved so very differently by the victim!

Yes, it is partly how the victim percieves the attack. But I don't buy the "rape is about power" thing for a second. Power may be part of it, but rape IS inherently sexual, otherwise it wouldn't be rape, it would be intimidation or assault.

Basically I consider sexual assault to be assualt dealing with sexual organs, which the rectum is not; an assualt that attacker "gets off on", or depending on the case, an assault where the victim has a reasonable* feeling of sexual violation.

*Reasonable meaning that the victim isn't taking things way out of hand, i.e. a woman is touched on the shoulder by a man she doesn't like and she calls it sexual assault, is out of hand.

[Bill O'Rights]

Originally Posted by greeneyes

I guarantee this kid isn't going to jail, he's a minor.

Nope. They're trying him as an adult.

The football coach was fired, by theway. For those who are interested.

[kutulu]

Originally Posted by MageB420666

Basically I consider sexual assault to be assualt dealing with sexual organs, which the rectum is not

Take a stroll through the anal section of the local adult bookstore. It would disagree with you.

[Astrocloud]

The reason I say that I don't know is because we really don't have all the facts. I wasn't there. So... let the jury decide.

[greeneyes]

Ok, I found an article regarding him being tried as an adult. Here's the link.

PLATTSMOUTH — A former Plattsmouth High School football player charged as an adult with sexually assaulting another boy in a locker room will not have his case transferred to juvenile court, a judge has ruled.

Jacob Schippert, 17, is charged with first-degree sexual assault for allegedly penetrating the victim's rectum with his finger through the younger boy's underwear on Aug. 19, after football practice.

The charge involves sexual penetration without the victim's consent.

Defense attorney Angela Slattery had called the alleged assault a locker-room antic that occurs on many football teams at levels ranging from high school to the pro ranks. She argued the case should be moved to juvenile court.

However, Cass County District Judge Randall Rehmeier said in a written ruling Thursday that the charge was serious and the case should remain in adult court. Rehmeier said the defendant will be 18 in May and there would be no serious repercussions if Schippert's case were adjudicated in juvenile court. There, offenders can go free once they turn 19.

Rehmeier also noted Schippert's unrelated juvenile court case involving an alleged third-degree misdemeanor assault. That case was set for an adjudication hearing this fall, but Schippert has appealed.

Schippert's mother, Markeeta Schippert, testified last week that her son is immature compared with teenagers his own age and the case should be in juvenile court.

Schippert has been suspended from football, expelled and banned from school premises, she said. He is taking classes through an in-home tutoring program.

But in that article, there is a reference to another assault case (which is taking place in the juvenile courts):

Rehmeier also noted Schippert's unrelated juvenile court case involving an alleged third-degree misdemeanor assault. That case was set for an adjudication hearing this fall, but Schippert has appealed.

So obviously this kid has a problem.

[raeanna74]

Originally Posted by MageB420666

It could have simply one guy, trying to gain dominance over another. No, that doesn't make it any better, but it does not make it sexual.

A LARGE part of rape is asserting dominance over the victim. He invaded the boy's privacy to the limit that it could be invaded without actually sodomizing him. Whether he was asserting dominance or wanting to get off does not matter. His reasons are inconsequential. His actions are what speak. I don't care if he says he was goofing off. The boy did not want the contact - goofing off is mutual - not forced.

I hesitated at first to call it sexual assult. I even looked at the boy as weak for going home and crying hysterically. Then again - someone invading my privacy and intimidating me to the point of touching my privates then I'd probably be crying too. I do hope that he doesn't let his parents fight this fight for him and cower in the corner saying "he violated me, what am I to do." He'll spend the rest of his life acting like a victim if he does that.

[guthmund]

I didn't need the second article to figure out this kid has problems.

I mean, if sticking a finger up someone's ass and simulating a sexual act on an unwelcome party didn't clue you in before....

All the second article does is damn the kid further. One instance of assault is one thing, Two instances and that's a pattern.

[Gilda]

It was sexual assault, no question. The "through the underwear" defense is laughable; of course you can have sexual penetration through fabric, otherwise condoms would be useless as birth control.

[Supple Cow]

I'm amazed it got that far in a locker room with a bunch of teammates there... though I suppose high school can certainly be a breeding ground for intimidation. I hope they try him as an adult and make him go to therapy before he's let back into the general population.

[StanT]

Definately sexual assault. If convicted, I'm sure a couple of months in a cell with Bubba will educate Mr Schippert on the sanctity of one's rectum.

[MageB420666]

Originally Posted by kutulu

Take a stroll through the anal section of the local adult bookstore. It would disagree with you.

Would you consider your mouth a sex organ? What about your hand?

A sex organ is an organ related to reproduction, just because the rectum can be penetrated does not make it a sex organ.

Originally Posted by raeanna74

A LARGE part of rape is asserting dominance over the victim.

I'm not saying that it isn't a part, I was just arguing the statement that rape isn't inherently sexual. I know that a large part of the mental aspect of rape on the rapist part is dominance and power, but if rape wasn't inherently sexual, then there would be no sex.

Originally Posted by raeanna74

His reasons are inconsequential. His actions are what speak.

True, to a point. To determine whether or not this was a sexual assault case the reason behind the attack must come into play, if there was nothing sexual going on for the attacker, then the charge needs to be assualt, because there were no sex organs involved.

[flstf]

Originally Posted by clavus

But who knows. Our football coaches thought the funniest thing in the world was when their players would humiliate somebody.

Yeah, I imagine a lot depends on the coach and what kind of example and code of conduct they set for the students. I am glad to read that this coach was fired and this kid expelled.