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-   -   Locker Room Antics...or, Assault? (https://thetfp.com/tfp/general-discussion/87123-locker-room-antics-assault.html)

Bill O'Rights 04-13-2005 05:02 AM

Locker Room Antics...or, Assault?
 
LINK
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?

BigBen 04-13-2005 05:09 AM

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 04-13-2005 05:13 AM

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 04-13-2005 05:20 AM

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 04-13-2005 05:39 AM

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 04-13-2005 05:54 AM

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 04-13-2005 06:02 AM

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 04-13-2005 06:06 AM

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 04-13-2005 06:15 AM

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 04-13-2005 06:33 AM

Quote:

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 04-13-2005 06:36 AM

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 04-13-2005 07:02 AM

Assault, no question.

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

flstf 04-13-2005 07:35 AM

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 04-13-2005 08:29 AM

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 04-13-2005 09:02 AM

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 04-13-2005 09:18 AM

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 04-13-2005 09:32 AM

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 04-13-2005 09:37 AM

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 04-13-2005 09:55 AM

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 04-13-2005 09:56 AM

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 04-13-2005 09:56 AM

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 04-13-2005 10:05 AM

Quote:

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 04-13-2005 10:07 AM

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 04-13-2005 10:29 AM

Quote:

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 04-13-2005 10:33 AM

Quote:

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 04-13-2005 11:45 AM

Without a doubt, it's assault.

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

cyrnel 04-13-2005 12:07 PM

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 04-13-2005 12:13 PM

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 04-13-2005 12:26 PM

Quote:

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 04-13-2005 12:32 PM

Quote:

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 04-13-2005 12:38 PM

Quote:

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 04-13-2005 12:43 PM

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 04-13-2005 12:44 PM

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

Quote:

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):

Quote:

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 04-13-2005 01:05 PM

Quote:

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 04-13-2005 02:37 PM

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 04-13-2005 02:46 PM

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 04-13-2005 03:42 PM

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 04-13-2005 04:12 PM

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 04-13-2005 04:51 PM

Quote:

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.

Quote:

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.

Quote:

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 04-13-2005 05:21 PM

Quote:

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.

rat 04-13-2005 05:40 PM

Quote:

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

"Chewbacca is a wookie--a 2 meter tall humanoid covered in hair. Now how is it a 6 foot tall wookie lives on the planet Endor with a bunch of 3 foot tall ewoks. It does not make sense ladies and gentlemen, it does not make sense. And if that does not make sense, consider this, how can penetration occur through clothing?" Slattery asked. "Ladies and gentlemen now does it happen? It just does not make sense. If Chewbacca living on Endor does not make sense, you must acquit"

edited for accuracy in the lawyer's statement

irseg 04-13-2005 06:22 PM

When I was in high school, that kind of behavior would unquestionably be considered really gay. Bullying was pretty much limited to shoving smaller kids around, making them run through the locker room as they tossed their clothes all over the place, etc. Anal fingering was decidedly off-limits though.

If you're a scrawny computer geek like me, the best thing to do in high school is form alliances. I'd fix computers for the football players and show them how to find porn sites (this was in the mid-late 90s so the Internet was a pretty new concept to most people), and in return nobody ever messed with me. It was a good arrangement.

G5_Todd 04-13-2005 06:26 PM

lol rat...thats pretty funny

rat 04-13-2005 10:13 PM

can't take full credit for it. the Chewbacca Defense(r) tactic was pioneered by Johnny Cochran [sic] in a South Park episode. kind of ironic that even with the man dead, his Chewbacca Defense(r) is blossoming better than ever.

F-18_Driver 04-13-2005 10:24 PM

This kind of crap is what causes situations like Columbine. Especially if the victim is a quiet kid who doesn't tell anyone. One day, he's had enough.

I'm glad the perp is being tried as an adult. He reminds me of some cops I've known.
(Note: Not ALL cops. However, there are always a few on power trips.)

Sweetpea 04-13-2005 10:26 PM

truly horrific! Assault, absolutely . . . what ethics does this young perpetrator have to think that it's okay to sexually assualt another peer and then call it 'horseplay' . . .

some sincere couseling is in order for both parties, but esp. for the young man acting on such bullying impulses, might indicate a more serious issue . . . aka lack of ability to have empathy, bullying victims etc. couseling and pronto.

Sweetpea

Bill O'Rights 04-14-2005 04:55 AM

Plattsmouth teen acquitted of sex assault
LINK
Quote:

PLATTSMOUTH, Neb. - Former varsity football player Jacob Schippert cried for several minutes and hugged his mother after a Cass County jury found him not guilty of first-degree sexual assault.

At 5:15 p.m. Wednesday, District Judge Randall Rehmeier read the verdict after a panel of eight men and four women had deliberated for an hour.

"I just don't think the state proved its case, and it didn't prove any intent," jury foreman Roger Sykes said afterward.

Last August, Cass County Attorney Nathan Cox charged Schippert, 17, with first-degree sexual assault in adult court. Initially, Plattsmouth police wrote Schippert, a senior, a misdemeanor citation for an Aug. 19 locker room incident at Plattsmouth High School.

The alleged victim, now 15, testified Tuesday that Schippert penetrated the boy's rectum with two fingers, one-fourth to one-half-inch through the boy's underwear. The boy also said Schippert exposed himself, simulated anal sex on him and grabbed his buttocks after football practice.

The felony charge required Cox to prove beyond a reasonable doubt that penetration occurred without consent.

Cox told the jury that it could instead find Schippert guilty of attempted sexual assault, but foreman Sykes said the jury did not take long to rule that out, either.

"There was some horseplay and some hazing, but not first-degree sexual assault," Sykes said.

Defense attorney Angela Slattery argued that sexual assault involving penetration cannot occur if two people are clothed. She said the freshman complained he was sexually assaulted because "his ego was hurt."

"He was subjected to unwanted behavior," Slattery said. "It was disgusting, it was untasteful, but not sexual assault."

Cox called five other freshman football players as his chief witnesses. Several contradicted their earlier statements to police, saying Wednesday that they never saw Schippert expose himself or use his hand to penetrate the boy's rectum.

One player, senior Rory Stone, testified for the defense that the freshman never cried during the minute-long incident.

"I saw two wrestlers wrestling at the freshman locker room," Stone said. "I saw what I saw. Two people horsing around, laughing the entire time. Nothing was going on."

Schippert testified on his own behalf Wednesday that he targeted the freshman for a "horseplay prank."

Schippert, who stands about 6-foot-3, said he grabbed the smaller boy by his neck, put another hand on his back to hold him down and simulated a sex act, but never stuck his hand inside the boy's pants or rectum.

Schippert testified that he had given the boy numerous rides home from summer wrestling camps that both attended in 2004.

"I thought he was my buddy; we were just messing around," Schippert said.

"You act out these anal intercourse incidents on other people?" Cox asked, on cross-examination.

"Yes," Schippert said. "Because it's funny, it's goofing off."

Aside from the alleged victim, Schippert said he had done the same thing numerous times to other athletes "because that's what buddies do."

Schippert said he was the recipient of the same behavior as a freshman.

Schippert was expelled after Cox filed felony criminal charges. He is being tutored by the district's staff and will graduate in May but cannot attend the graduation ceremony.

He and his parents declined to comment after they left the courthouse.
This smells like last weeks tuna casserole. Well, the message has been sent. It's ok to stick your fingers into orafices, so long as it's through the undies, and you call it horseplay.
Quote:

Defense attorney Angela Slattery argued that sexual assault involving penetration cannot occur if two people are clothed.
I'm thinking 5 minutes alone in a locked room would change her opinion.
Quote:

Cox called five other freshman football players as his chief witnesses. Several contradicted their earlier statements to police, saying Wednesday that they never saw Schippert expose himself or use his hand to penetrate the boy's rectum.
Knowing what I know of Plattsmouth...this smacks of coercion to me. Awfully damn convenient.

animosity 04-14-2005 07:02 AM

Sexual assault. No doubt in my mind.
Saying that no sex organs were involved is a very gray area. A regular assault charge is not enough here.

I doubt Schippert intended it to be sexual assault. I am sure it was just a normal hazing or w/e to him. But that is the problem. I am sure Schippert still thinks that he did nothing wrong. The boy needs to go to prison.

Parents... Learn to raise up your children with a little regard to their fellow man.

**edit after viewing the last comment**
I love our legal system....

bparker805 04-14-2005 08:31 AM

OK... I have been the victem of hazing by seniors when I was a freshman. I had the shit kicked out of me a couple of times. But this goes way over the top as far as I'm concerned... This guy should be in some kind of counceling far away from others that he could potentially hurt!

Janey 04-14-2005 08:53 AM

can you squeal like a pig??? fuck. Stories like this really make me believe that the good ole boy network, and the pathetic small town coercion stories that you see on TV really do exist.

what a bunch of fucking hillbillies. And what's with Defense attorney Angela Slattery??? just goes to prove that lawyers sell their souls to the highest (lowest?) bidder.

Sweetpea 04-14-2005 12:39 PM

The outcome of this has made me very sad :( I don't know what else to say, other than the fact that these individuals are sick that they would deem something like that 'horseplay' . . .

sweetpea

martinguerre 04-14-2005 12:52 PM

i can't believe that verdict...i try to have faith in the jury system, but it sounds like this one choked. every failed prosecution of a sex crime makes it harder for the next survivor to come forward.

blargh...

Fohur2 04-14-2005 02:29 PM

Gah....eww

Gilda 04-14-2005 04:16 PM

I'm very disappointed in this, but given the description of what the witnesses said, I'm not very surprised. With only the victim testifying that he was penetrated, and a bunch of witnesses recanting their statements, it's very, very difficult to prove sexual assault.

It's a shame that they didn't include simple assault as a lesser included offense, as Shippert's testimony was essentially a confession to assault.

Anyone who thinks simulating a sexual act on an unwilling victim is funny is in serious need of psychological help.

Hektore 04-14-2005 04:50 PM

*prepares to be crucified*

I'm going to have to agree with the jury on this one here, please don't write me off as an idiot just yet. Having just finished my round of high school football, playing a year in college and then moving to rugby I can tell you with certainty this is a common occurrence. Very similar things have happened to me, hell everything that boy said happened to him has happened to me and just about all my other teammates. I don't think the issue is so much about domination, control or bullying as it is about just trying to make your buddies say "Dude, what the fuck?".

Basically its about pushing boundaries, seeing what you can get away with in front of your friends. The easiest way to push that boundary is to simulate homosexual activity because, as accepting as we pretend to be, in the guy's locker room this is very much off limits. If anyone were to actually admit to being homosexual in any given high school football team's locker room I would feel very sorry for that person. That being said, this is a sort of a norm for pushing the envelope(I'm NOT saying it's ok for this to be the norm just that it is.) in any way, especially among sports so blantanly 'macho' oriented.

Being that this was a freshman he may have been unaware of this type of behavior and the offender being a senior he may have thought this acceptable behavior, as did the other players who witnessed the event. So, no I don't think he should be marched down the Pen to be Bubba's bitch, but he needs to be told that this is not okay, even if it may seem that way to most people, then proceed from there. I'm sorry for the kid who feels victimized but sometimes you just have to grow a tough skin and move on.

Now you can call me an idiot.

martinguerre 04-14-2005 04:57 PM

so...homophobia, and homophobic violence is okay because it's team building?

yeah, i'm not going to call you an idiot. but i will say you have some fucked up priorities.

Hektore 04-14-2005 05:22 PM

Quote:

Originally Posted by martinguerre
so...homophobia, and homophobic violence is okay because it's team building?

Woah, I never meant to say it was ok or that I even remotely agreed with the way things are or that it serves and worthwhile function, only that it is simply the way things are. I'm saying that at 17 your world revolves around cultural norms. In this case what he is doing is simply working within a subcultural norm, and while we sit here and say its wrong because it is, he may not have really thought about that possibility, so you shouldn't be grabbing your pitchforks and torches quite yet.

pig 04-14-2005 05:47 PM

Dude!!!

We gave a lot of wedgies, and there were other initiation rites when I playing soccer...but the old finger to the first knuckle in the ass trick? Hell NO I don't know that I'd necessary go jail time for this kid, and in fact I can't really say what I'd recommend without actually having a lot more information about it. But shit...jabbing your finger in a teammates red eye would have been a serious problem when I was playing. Icky icky foo.

OFKU0 04-14-2005 07:36 PM

I guess he get's to go to the prom now.

martinguerre 04-15-2005 10:43 AM

Quote:

Originally Posted by Hektore
Woah, I never meant to say it was ok or that I even remotely agreed with the way things are or that it serves and worthwhile function, only that it is simply the way things are. I'm saying that at 17 your world revolves around cultural norms. In this case what he is doing is simply working within a subcultural norm, and while we sit here and say its wrong because it is, he may not have really thought about that possibility, so you shouldn't be grabbing your pitchforks and torches quite yet.

If you don't agree with the way things are....why wouldn't you want to set a standard that changed what was happening?

If the cultural norms are wrong...then call them wrong and confront them. That this assailent was part of a culture that tolerates homophobic violence, then that means i want to confront the assailent, the assailants actions, and the assailant's culture.

There's no excuse under the law for "it's what we do."

lindseylatch 04-15-2005 10:54 AM

Oh, oh, i have another story similar to this one...You guys'll love it...
Wrestling team, at state, in a hotel. Teacher walks into the guys room, and find a freshmen down on the bed, with a senior over his face, pants down, with his balls on the kid's forehead...oh yes, teabaging. Been going on for YEARS, and the teachers had no idea (or so they claim).
Nice to know sexual assault is alive and well, and being practiced on young boys before it's used on the young women...

pig 04-15-2005 12:29 PM

and to think i'd only seen teabagging at parties...but seriously between friends, one passed out, usually involving a polaroid. many laughs had the next day. i think a lot of this stuff can be contextual - in the case of the inciting incident for this thread, i think it's safe to say the 15 yr. old kid wasn't down with the sphincter palpitation.

/seriously, who sticks their fingers in a stranger's ass? who wants their fingers smelling like some kid's asshole all day? icky icky foo. then again, i've heard about some weird shit involving less-than-stellar examples of dna and athletic/alpha displays. i'd hate to see all initiation rites dropped because of this kind of crap, but this kind of thing is just unacceptable.

Hektore 04-15-2005 01:30 PM

Quote:

Originally Posted by martinguerre
If you don't agree with the way things are....why wouldn't you want to set a standard that changed what was happening?

If the cultural norms are wrong...then call them wrong and confront them. That this assailent was part of a culture that tolerates homophobic violence, then that means i want to confront the assailent, the assailants actions, and the assailant's culture.

There's no excuse under the law for "it's what we do."

/agree

I didn't say don't change it, but the major tone of the thread up to this point was that this was a clear cut case a bullying and sexual assault with some kid being victimized intensely and that the offender should server the maximum penalty under the harshest law. I'm saying that this isn't the best way to solve it because it is very possible that that isn't the way it happened. Simple horseplay that can get carried away at times, by all means change it. No it isn't right. No it shouldn't stay the same.

Quote:

"I thought he was my buddy; we were just messing around," Schippert said.
Really it's this statement right here. I can totally imagine this happening in my locker room, back at my high school and it would end up being virtually the same case. With everyone being totally caught off guard and saying "Sorry, we really didn't think this would bother you." It says in the article that the older boy was a recipient of the same kind of treatment and I'd bet that this type of thing happened more than once between these two. I was just trying to make the point that I don't think this is really sexual assault but a simple case of horseplay going a bit too far.

Quote:

Originally Posted by pigglet
i think a lot of this stuff can be contextual

This is the point I was trying to make, there is not simply a 'one rule solves all these problems' but that stuff like this really needs to be taken on a case by case basis. I think that it is easy to get the wrong impression and jump to extreme conclusions in a case like this.

raeanna74 04-18-2005 07:46 AM

Oh brother - time to move.
Really how could they not see this as at least sexual harrassment. Or at the very least harrassment? Tutoring by the school staff. This kid isn't missing out on anything or learning that his behavior was inappropriate in any way. I won't be surprised to hear of something down the road where he got a girl out on a date and wanted more contact than she did. I really hope someone finds the balls to stand up to him again. It's a pity not one of those witnesses had the guts to stand up. I hope they regret it enough not to back down again to a bully. Grrrr bullies.

It was wrong, what he did, I don't care what you want to call it. Go ahead and leave out the sexual part but it was unwanted physical contact that was forced on another kid after much protest and avoidance. That's enough for me. Sick.

KinkyKiwi 04-18-2005 01:44 PM

if thats not sexual assault what is?

rat 04-20-2005 10:52 PM

a cleear victory for the Chewbacca defense(r) once again. anyone else see it coming?


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