Osprey, my mention of Duke was only in so far as it, too, was a she said/he said case. In that case, the prosecution’s theory eventially failed to stand up to scrutiny. This case seems more similar to the Columbia and Hobart & William Smith cases, and prosecutors in those cases declined to proceed to court.
Until yesterday, all of the reporting in this case has been based primarily on the criminal complaint or indictment, which is always set forth in the light most favorable to the prosecution. If yesterday’s reporting is accurate, the prosecutor in opening statements said that the victim “tried” to say no. This is concerning from an evidentiary standpoint because when a victim willingly goes to a secluded area and removes some clothing, the prosecution would want a firm “no” in order to obtain a conviction. I would have expected a stronger statement from the prosecution. The “no” will have to be seen as unequivocal in order for the jury to render a guilty verdict in this case.
The cross-examination in this case will be brutal and the victim will be re-traumatized, only this time in public. It is unfortunate that a plea agreement could not be reached.
Hmm. I’m unsure about the law. There was no age difference exception in the statute I looked up. So it was changed, but when and which way? The fact that he was charged with counts of statutory sexual assault suggests that there may be no age difference exception now.
Re the divorce papers: all I can say is poor kid. What an upbringing. And how horrible that the details of the family’s personal lives are public record.
I also noted that the prosecutor said she “tried” to say no. What does that mean? If she said no she said no, whether or not he paid attention to it.
Is seems unlikely that a girl who did not actually did say no would choose to proceed to real court. Mattress Girl at Columbia, for example, found a feeble excuse not to proceed with legal prosecution. She only wanted the allegations on record. The Hobart and William Smith case involved a real victim with real evidence, but the prosecutor was the one who chose not to proceed. I think that case was quite different.
I am not certain this is the law is in effect now, but this is what I found. It would explain why he is so insistent that they didn’t have intercourse.
BTW, the press is doing its usually lovely job of giving so many details about the accuser that anyone who knows her could easily figure out her identity. She grew up in Japan and moved to the US in 2011.
@jonri - I agree the press is doing a crappy job of preserving her identity. Boston station showed a clip today that had her name in it. However, repeating details here as you have isn’t helping her or her family. Given her age and the circumstances, I personally believe her privacy she be protected and I am surprised that the court is allowing cameras in for her testimony.
Well, this is adult court, and unfortunately for the victim–but fortunately for the rest of society–adult courts are open and the proceedings are transparent in the US.
" You guys who don’t seem to get it, please note that lacerations are not usually part of consensual sex. "
NFN, I wonder how people would answer a poll about whether, if you found out someone you had “consensual sex with”, was bleeding from a “laceration” would you help them get medical help?
Wonder how the laceration got there if part of his defense is that they didn’t have intercourse…
I’m interested that no one’s really discussing St. Paul’s negligence in this case. It’s been widely reported that the running tally of “Senior Salute” successes had been written on a wall in a school laundry room and had been repeatedly painted over. From everything I’ve read, the school was turning a bit of a blind eye to this whole culture of senior sexual conquests. I would bet a great deal of money that either Vanity Fair or the New Yorker will do a major piece on the school with devastating effect, much like VF did on hazing at Miss Porter’s several years ago. As the mother of a daughter attending a New England prep school, my heart is with the victim. That being said, the prosecution has its work cut out for them, with the somewhat damning text messages she sent, including one asking Labrie if he had “something” for their meeting and his reply of “Yes, a condom.” My information comes from the national ABC News site and is available in two video clips on the story. The other thing that may help Labrie is his prior record; a full scholarship to St. Pauls, acceptance to Harvard, selected as prefect and given the prestigious Rector’s Award at commencement last year for his “selfless devotion to school activities.” Will be interesting to watch the trial progress.
full scholarship = financial need
Being a prefect could also imply a responsibility to engage one’s self in an ethical and upright manner and following community rules, which regardless of rape or not, we know from details given with this contest of his, Labrie was NOT doing.
The wall thing is misconstrued. It was basically a web of who hooked up with whom on campus. Still silly and sophomoric but nothing to do with any contest nor was it something created and maintained by just males. I’m not saying the sexual culture at the school could be characterized as a healthy one (again not unique to this community) but it also isn’t what is being portrayed through this case.
Agreed that Labrie had a major responsibility as a prefect to be ethical and upright and appears to have failed miserably. I don’t believe his scholarship was all about financial aid; he won a very prestigious soccer award at his commencement and I think he was drafted due to his athletic ability. My point is that this was a young man who the school respected and invested in…he had a stellar record while in attendance. When the prosecution has to prove its case “beyond a reasonable doubt”, Labrie’s backstory may be enough to cast that doubt, when combined with the ambiguous texts that were sent by the victim. If I was a SPS parent (boy or girl), I would want some very precise information as to how the school was going to correct the issue of the Senior Salute or I would pull my child from there in a heartbeat.
@doschicos , You’re right; I shouldn’t have posted any details about her. However, the source of my info wasn’t the NYPost or The National Enquirer. I assume that what I posted is known by most people following the story.
Soccer award was largely due to his being a captain. SPS doesn’t really do much recruiting for soccer. Sure didn’t hurt his application, though. He is a very bright person, at least in a book sense, obviously not in all facets of his life as evidenced by many of the decisions that have come to light. He is also good at making connections with adults in the school community. I know many were shocked to learn of this other side of him.
I do agree that the prosecution has their work cut out for them and I question whether they are up to the task. I n addition to the points you bring up, Labrie has a highly skilled attorney defending him. Additionally, the judge has made decisions to not allow certain testimony in court (ex: the previous sexual history of the accuser and the accused), that might have benefitted the prosecution. Definitely will be interesting to see how the case develops and the jury’s ultimate decision.
It is surreal that half a dozen reporters are live-tweeting the victim’s testimony from the courtroom. The testimony is not as strong as one would expect in a typical adult rape case: - “didn’t say no as things intensified;” - “didn’t tell him to stop because she was frozen;” (reporter’s words). And, “’… I could have stopped it’”; and “‘I couldn’t believe I let it happen’” (reporter quoting victim). I don’t have any idea if consent is even an issue here, due to the victim’s young age and the ambiguity in statutes as posted above. But apparently he has been charged with lesser offenses as well, so he may very well be convicted of something if the jury finds not guilty on the rape charge.
As a juror, I would how it would play to me if the prosecution convinces you that sex did occur when the accused claims sex did not? The fact that he doesn’t “own up” to having had sex with her, would that make you inclined to believe he’s lying about rape as well? I know it’s beyond a reasonable doubt and all, but just wondering how that would play sitting in the jury box.
Yes, a witness’s veracity is always an issue with jurors. Still, jurors are charged by the judge that the prosecution must have proven each and every element of an offense beyond a reasonable doubt.
I agree with those who think there is as serious “school culture” problem at St. Paul’s if the quote above is correct. It wasn’t enough that Mr. Labrie was headed to Harvard, the Holy Grail of the prep school circuit? He still needed to be “No. 1 is sexual scoring at St. Paul’s”? What does that even MEAN?
My son attended a private prep school (although not a boarding school). I remember at the first meeting for ninth grade parents the human sexuality advisor (yes, they taught a very progressive class on the subject) was very clear with us that he tells all his ninth graders to remember there’s a HUGE difference between a 14- or 15-year-old and a 17- or 18-year old. His point was that, while he wasn’t there to judge anyone’s sexual choices, he wanted them to be aware that students needed to protect themselves from age-inappropriate advances.
Given Mr. Labrie’s age and stature as a prefect, he sounds like a bit of a sociopath. Maybe we’ll find out that he was completely innocent here and is being framed somehow, but regardless of whether he penetrated the accuser or she “consented” to have sex with him, anybody having that extra somethin’ somethin’ (that gets talked about here on CC all the time) to get into Harvard, should have known better than to engage in such risky (at best) behavior.
He was a senior and she was a freshman. That alone looks pretty damning.
Did Harvard rescind his admission or did he withdraw?
The contest was between him and just a few friends. This was not a school wide contest in which he was trying to be “no. 1” or even a thing among the senior males. The spreadsheet with the point system that the prosecution found going through his online files was supposedly one he created.
SPS does provide sex ed type counseling covering the points you have outlined, @LucieTheLakie. Labrie definitely would have had this discussion - more than once - during his time at SPS. His decision to partake in this contest of his, rape or no rape, has nothing to do with a lack of knowledge about age of consent laws in the state nor with the school’s own policy regarding sexual activity. As is the case with most sexual predators and misogynistic individuals, he chose to ignore the information, ignore the rules, as well as ignore any common sense of decency and morals. I know SPS provided both my kids, both genders, with adequate and clear info on sexual interactions and the age of consent. However, as a parent, I would have expected them to act in an upright manner when dealing with their classmates and people in their community that they are interested in. That starts at home first.
Not sure about the Harvard thing but my guess is it was rescinded. Even if he is found innocent of the current charges, the factors that have come to light with his contest are damning enough that I would not want him at my college if I were an Admissions Director, Harvard or lower tier.