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A teenage girl who was dropped from her high school's cheerleading squad after refusing to chant the name of a basketball player who had sexually assaulted her must pay compensation of $45,000 (£27,300) after losing a legal challenge against the decision.
The United States Supreme Court on Monday declined to hear a review of the case brought by the woman, who is known only as HS. Lower courts had ruled that she was speaking for the school, rather than for herself, when serving on a cheerleading squad – meaning that she had no right to stay silent when coaches told her to applaud.
She was 16 when she said she had been raped at a house party attended by dozens of fellow students from Silsbee High School, in south-east Texas. One of her alleged assailants, a student athlete called Rakheem Bolton, was arrested, with two other young men.
In court, Bolton pleaded guilty to the misdemeanour assault of HS. He received two years of probation, community service, a fine and was required to take anger-management classes. The charge of rape was dropped, leaving him free to return to school and take up his place on the basketball team
Originally posted by lewman
she should have just paid the money to some big man rapist to give him a taste of his own medicine, preferably one with hiv.
HS and her parents instructed lawyers to pursue a compensation claim against the principal and the School District in early 2009. Their lawsuit argued that HS's right to exercise free expression had been violated when she was instructed to applaud her attacker. But two separate courts ruled against her, deciding that a cheerleader freely agrees to act as a "mouthpiece" for a institution and therefore surrenders her constitutional right to free speech. In September last year, a federal appeals court upheld those decisions and announced that HS must also reimburse the school sistrict $45,000, for filing a "frivolous" lawsuit against it.
Silsbee Resident says:
March 25, 2011 at 11:23 am
There is a lot that the national media is not only leaving out but is also skewing to make it look like there was something that simply wasn’t. Based on the facts of the case, and I have the facts, there was no rape. There was drunken sex where the cheerleader and four boys were in a room, but the moment she said no (which was well into the act) the boy stopped. Nonetheless, the national media has latched on to the story of the “victim” and played it up because black athletes allegedly raped a white cheerleader and didn’t get what they deserved. Bull. Those boys certainly didn’t get what they deserved. They were tagged as rapists, had their photos and names dragged through the dirt in media outlets worldwide, convicted and sentenced before anyone knew any of the facts. And what recourse do they have now? None. The media should be a bit more responsible in what they print and report. Get the facts straight. Use a little common sense and ethics.
The cheerleader and three football players were at a party at the home on Pinewood early Saturday, according to an arrest warrant affidavit filed by the Silsbee Police Department.
The girl told police that three males forced her into a room, held her down and sexually assaulted her, the affidavit states.
When others at the party tried to open the door, two of the males fled through a window of the one-story house, the affidavit states. The third boy remained behind.
One of the boys who fled left behind a pair of shorts, the affidavit states.
One of the males later returned and made threats so he could retrieve his shorts, the affidavit states.
Police were called about 2:40 a.m., the affidavit states.
The cheerleader told police she was sexually assaulted and described three to four attackers, Allen said. Police were investigating whether alcohol was present at the party, he said.
The girl was taken to Christus St. Elizabeth Hospital, where doctors administered a rape kit, Allen said. The kit will be sent to Texas Department of Public Safety, with results taking up to four months.
Read more: www.beaumontenterprise.com...
At about 2:40a.m., October 19, 2008, police were called to a Silsbee home where a party had been held. Police found her under a pool table, half naked and sobbing. H.S., then 16, alleged that three Silsbee High football players had cornered her in the room, locked the door and raped her. She started screaming for help. “Stop! Seriously, stop it. No!” When other people began pounding at the door, the football players jumped out a window. At least one had left his clothing behind. Witnesses from that night say that outside, a bare naked suspect, Rahkeem Bolton, was verbally abusive, yelling blood-curdling insults about the victim and threatening harm to the house owner if she refused to give him his clothes.
A first grand jury returned a “no bill” decision, meaning there would be no case against the three defendants. No rape charges, no assault charges; nothin’. Did Hardin County District Attorney David Sheffield do a good job there? The victim and her parents thought not. Neither do I. Neither should you. The victim was told that preliminary results from the rape kit showed some DNA evidence that could inculpate the defendants. Yet the victim kept hearing that due to case backlogs, the full rape kit analysis results wouldn’t be ready for four months, five months, one year – depends which report you read.
The synopsis is this: because her attacker was the star of the football team, the rape kit wasn’t properly processed, the football players got off with slaps on the wrist and the victim ended up being bullied, harassed, humiliated, and finally punished by the school for not cheering on her rapist at games. The star football player, who was heard threatening anyone who spoke out in the girl’s defense, is lounging on a Florida beach sorting through football scholarships. The girl is facing $45,000 in court costs over the side case involving not cheering for her rapist. In Silsbee, more attention has been paid to her refusal to cheer her attackers than on the attack.
This is a case that deserves to be taken to the Federal level. There is ample evidence that the rape case was intentionally mishandled to protect the attackers. There is ample evidence of denial of civil rights for the victim. There is ample evidence of a conspiracy on the part of the school administration and the prosecutor’s office to protect the attackers and punish the victim. According to the Texas state forensics lab, they can process a rape kit in three weeks. Her kit was delayed for over a year. There is ample evidence of coercion of the victim by prosecutors and the school.