Penn State Cover Up - Who Will Be Charged? - Past Law Says Maybe Everyone Involved

What sad moral compasses many folks have these days when Football, money, power and reputations trump the rights and innocence of young children.



There are questions being asked about who should and will be criminally charged in this case.

Grand Jury Report Penn State - Warning! Extremely Disturbing and Graphic

There was a past case in Pennsylvania involving a rape of a women, in the back seat of the car, the driver although not physically involved was charged also and sent to prison, this was a Supreme court Decision. And will most likely affect everyone in this case at Penn State.

Commonwealth vs Majorana

I you don't want to read the entire legal doc a lawyer has weighed in and given his take.

bleacherreport.com...

In 1983, the Pennsylvania Courts sent a young man to prison for driving a car while another man raped a girl. The case was Commonwealth v. Majorana, 503 P.a 602 (1983)

As a criminal defense attorney, I have represented defendants like the one in the Majorana case. Simply put, if you are involved with a rape, you may be criminally liable.

So it appears that if someone witnesses or has knowledge of a raped and does nothing about it there is a very good chance in Pennslyvania that they are going to face some charges and possibly jail time.

The football program, specifically a shower at the football facilities, is where the rape(s) is alleged to have occurred. While it's uncertain what Paterno specifically knew, he did know something wrong happened in the shower.

Then graduate assistant Mike McQueary heard "rhythmic slapping sounds" coming from the showers, according to the Grand Jury report (page 6). Those slapping sounds were from Paterno's former top assistant coach, Gerald A. Sandusky, raping a 10-year-old boy.

Paterno was, for certain, told that Sandusky had done something wrong of a "sexual nature" and did nothing of significance. So is he any different than the young man in the Majorana case?

Possibly. Paterno wasn't at the scene when the rape occurred. That fact may save him.

Depending on how aggressive the district attorney is, however, those involved could be charged with conspiracy to commit the illegal acts. So while we see these individuals falling from grace with respect to their employment and/or personal character, more trying times lie ahead. They have yet to see their day of reckoning.

Civil charges are going to be stiff as well according to this attorney.

A Civil Action Looms

There's no question that the university, Sandusky, Paterno, McQueary and athletic director Tim Curley and the others involved could be hauled into court in a civil action.

The first act of rape by Sandusky wouldn't have necessarily been sufficient to hold the university or the individuals involved civilly responsible. Sandusky's actions were so far outside of the scope of his employment that they would've been shielded.

Similar to the Roman Catholic Church and the multiple lawsuits brought by victims who suffered molestation at the hands of priests, those churches were not necessarily liable for the individual actions of the priests. Once the church knew of the priests' actions, they had a duty to act. That's when liability attaches.

The liability attaches for Penn State, et al. once they knew of Sandusky's actions and permitted him to continue raping boys on their facilities. At that point, the university had a duty to act and failed to do so.

So in conclusion, the University, Coaches, Staff and administration will all have to face the legal system, how far and how deep the investigation will be, no one really knows just yet.

This is an example of humanity at its worse. It shows just how low we can fall. All these men knew something wrong was happening yet they did nothing to stop it. How many boys had to suffer in silence? How many boys could have been spared this torture if someone just did the right thing. Is football really that important. They rioted after Paterno was fired. These sickos are worried more about their football program than protecting the victims. It makes me sick to my stomach. I hope each and everyone of them is prosecuted to the fullest extent of the law. All evil needs to survive is for good men to do nothing.

Originally posted by stinavamp
This is an example of humanity at its worse. It shows just how low we can fall. All these men knew something wrong was happening yet they did nothing to stop it. How many boys had to suffer in silence? How many boys could have been spared this torture if someone just did the right thing. Is football really that important. They rioted after Paterno was fired. These sickos are worried more about their football program than protecting the victims. It makes me sick to my stomach. I hope each and everyone of them is prosecuted to the fullest extent of the law. All evil needs to survive is for good men to do nothing.

Very good points.

The fact that people were more worried about Football then the children who were strip of innocence and scarred for life, makes my stomach turn.

The Penn State issue will rewrite law standards, university protocols, and many other things we have not yet seen. It will be the poster child (no pun intended) for what not to do, and how moral compasses these days are completely f'd up.

I also hope that those who rioted in protest, are happy to be paying top dollar for their educations.

I hope the parents who are paying big money and the banks who wrote the student loans are happy.

This was brewing for years, not just a few days on a few rumors.

Smok'n Joe Paternal Paterno has hired a top gun lawyer all of a sudden

Whether or not he's a scapegoat, he knew and he will pay.

I hope HIS family has a nice holiday season this year and many more.

Maybe holiday cards this year will all say "Merry X-mas".

I hope the PROGRAMS and the ALUMNI hold on to their wallets when this thing really gets going.

Yes, we keep hearing about "the few bad apples" ..... and all that anonymous bulldrek.

Yes, it's ALWAYS somebody Else's fault.

Wake up college people.

And watch as your money keeps disappearing

And you students are rioting over Paterno?

You need to riot over the entire corrupt system in the colleges.

The future of the country is in your hands !!! Good God !