posted on Nov, 11 2011 @ 01:21 PM
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.
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.
edit on 11-11-2011 by Realtruth because: (no reason given)