Nonstopdrivel
14 years ago

Last Updated: November 09. 2010 8:27PM
Alleged teen rape victim commits suicide; prosecutors to dismiss charges
 
Doug Guthrie and George Hunter / The Detroit News

[img_r]http://cmsimg.detnews.com/apps/pbcsi.dll/bilde?Site=C3&Date=20101109&Category=METRO&ArtNo=11090431&Ref=AR[/img_r]Huron Township Prosecutors plan to dismiss sexual assault charges against an 18-year-old who was accused of having sex with a 14-year-old female classmate, because the alleged victim committed suicide after being taunted in school about the incident.

A preliminary examination was scheduled for Wednesday in the case involving Huron High School students Joseph Tarnopolski and his alleged victim, Samantha Kelly.

But because the girl committed suicide Monday night, the charges will be dismissed, said Maria Miller, spokeswoman for Wayne County Prosecutor Kym Worthy.

"Without the victim, we're unable to go forward with the case," Miller said.
Kelly's mother last month reported to police that Tarnopolski had sex with her daughter. Tarnopolski was charged with third-degree criminal sexual conduct and was released on bond.

After his release, Tarnopolski returned to Huron High School with his alleged victim. Tarnopolski also lives eight trailers down from her in their New Boston trailer park. A vehicle was parked in the driveway of the Tarnopolski trailer Tuesday afternoon although no one answered the door.
Tarnopolski tweeted several times, apparently about the case. On Sept. 28, he tweeted, "All girls are, are liars and backstabbers! I hate you all. Way to ruin my life. Seriously, now this will be on my record for life!"

Four days later, on Oct. 1, he tweeted, "I'm facing a sentance (sic) of prison time. Up to 4 years seeing as how I am 18 years of age now ..."
Then, on Oct. 3, Tarnopolski wrote, "You say I (expletive) your life up, but your the one who lies to everyone because your scared to get in trouble! You threw this upon me! Your idea."

Miller said her office did not know the girl was being teased by classmates until after a Fox 2 (WJBK) news broadcast identifying the girl's mother.
"Although the child's face was not seen, when the mother was interviewed, essentially the child's identity was revealed," Miller said. "After the broadcast, it is our understanding that the child was harassed at school. We had no reports of harassment prior to the airing of the piece."

Alicia Skillman, executive director Equality Michigan, a Detroit-based organization which has tried to get anti-bullying legislation passed in Michigan, said taunting takes a toll on kids and, she said, it often results in suicide.

"This affects everyone; that's something some people don't seem to get," Skillman said. "You can be an average, middle-of-the road youth, and you can be bullied about something. All it takes is for someone to have a certain perspective of you someone can think you're poor, or too elite, or gay and you can get bullied for that. This is what happens, and children are killing themselves; they don't realize that they can survive what's happening to them."

According to a report last year by C.S. Mott Children's Hospital National Poll
on Children's Health, only 26 percent of parents would give their child's high school an "A" for preventing bullying and school violence.

An estimated 160,000 children miss school every day in the United States because they fear being attacked or intimidated by other students, according to the National Education Association.


http://detnews.com/article/20101109/METRO/11090431#ixzz14qE5C11y 



The headline pisses me off. This girl wasn't a victim of rape (the boy indicates she initiated the relationship), and the guy wasn't charged with rape.

Still, if he'd gone to prison, I wouldn't have felt sorry for him. Tweeting about the case while it was still pending? How stupid could he be? He as much as admitted guilt on his feed. What an idiot.

When you're charged with a crime, you keep your mouth shut. No matter what. Every single syllable you utter can -- no, WILL -- be used against you. Period.

My best man learned that the hard way, and now he's rotting in a federal penitentiary, despite the fact there wasn't any physical evidence against him.
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Zero2Cool
14 years ago
Doesn't matter if the 14 year old imitated the sex. He's 18, therefore it's illegal.

The title is a bit foolish. Rape ... in my view is forcing someone to engage in a sexual act.
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Nonstopdrivel
14 years ago
Agreed. The whole concept of "statutory rape" is spurious in my opinion. As far as I know, it's actually a popular term and not found in the law itself.
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Cheesey
14 years ago
Bogus.
If he's 18, HE is the "adult" and should know better.
I don't care if she stripped down naked in front of him, he has NO business having ANY kind of sexual contact with her.
That's my opinion, for what it's worth.
When i was 18, i "dated" a 13 year old girl for a couple months. (She was my sister in law's niece) SEVERAL times she tried to get me to do things with her.....i turned her down. Never did more then kiss.
I finally broke it off with her, as she wouldn't stop trying to get me to do more.
The next guy she dated got her pregnant and she had twins shortly afterwards.
Was it hard to say no? Yes. But i knew it was the right thing to do.
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TheEngineer
14 years ago
Was it you, non, who linked to the video on why you should never, ever talk to police? (http://www.youtube.com/watch?v=6wXkI4t7nuc)
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Pack93z
14 years ago

Agreed. The whole concept of "statutory rape" is spurious in my opinion. As far as I know, it's actually a popular term and not found in the law itself.

"Nonstopdrivel" wrote:



Not all states term it as "Statutory Rape" but have laws on the books that follow the premise. Best summary I could find rapidly.. bit dated but for illustration that most states have laws governing it.

I hardly think an 18 year old is emotionally and mentally prepared for sexual contact let alone a 14 year old girl.

http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-r-0376.htm 

Michigan

750. 520b et seq.


First-degree criminal sexual conduct is sexual penetration with someone under age 13.

Up to life in prison

Third-degree criminal sexual conduct is sexual penetration with someone between age 13 and 16.

Up to 15 years in prison




Wisconsin

948. 02

948. 09


Sexual intercourse with a person under 13 years of age

Up to 40 years in prison

Sexual intercourse with a person under 16 years of age

Up to 25 years in prison

Sexual intercourse with a minor at least age of 16

Up to nine months in prison


"The oranges are dry; the apples are mealy; and the papayas... I don't know what's going on with the papayas!"
Nonstopdrivel
14 years ago
I wasn't contesting that it's a crime (though it's only a crime in a few states). I'm saying the term is technically inaccurate. The terms as used in the law are much more precise and reflective of the acts committed.

As for teens not being old enough for sexual activity, that's the fault of parents, pure and simple. With proper training, post-pubescent humans are more than capable of engaging in responsible sexual activity.
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Nonstopdrivel
14 years ago
Remember, the police are allowed to lie (ponder the concept of a "sting operation" for a moment) and they have no constitutional obligation to protect you. "To protect and serve" bullshit notwithstanding, every citizen should regard the police as hostile and inimical to their interests at all times. The job of law enforcement is to get convictions, not to ensure the right thing is done. If you open your mouth to talk to the police, even in an attempt to defend yourself, you have fucked yourself and are owed no one's pity. The Fifth Amendment was implemented for a reason and every citizen should exercise it instinctively, no matter what the situation.

One of my best friends is serving hard time in the federal penitentiary because he opened his mouth with the best of intentions to explain that in fact he hadn't done what he was accused of. If he had just kept his mouth shut and not panicked under police pressure, he would have walked because there was no physical evidence against him whatsoever. But he lost his head, started stuttering and stammering, and signed his own death warrant. His life is completely over, even though he'll be getting out in the next few months.

[youtube]6wXkI4t7nuc[/youtube]
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Porforis
14 years ago

As for teens not being old enough for sexual activity, that's the fault of parents, pure and simple. With proper training, post-pubescent humans are more than capable of engaging in responsible sexual activity.

"Nonstopdrivel" wrote:



I have to give a strong, hearty "hell no" if this is meant as a blanket statement. With perfect parenting, I'd say that most teens are capable of engaging in "responsible" sexual activity, but not all. Some people are simply stupid. I was one of those. 🙂
Nonstopdrivel
14 years ago
So because some people are immature or idiots and can't act responsibly, the behavior should be prohibited to everyone? That's bad legislating.
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