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Butt-Slapping gets Boys in Trouble
Wednesday, July 25, 2007 at 4:46AM 
Cory Mashburn and Ryan Cornelison, two 13-year-old boys ran down the hallway of Patton Middle School after lunch, slapping as many girl's butts as they could get their hands on along the way. A teacher's aid caught them and sent them to the office. The vice principal, Steve Tillery, and a police officer, Marshall Roache, stationed at the school, questioned the boys and some of the girls involved in the incident. Apparently convinced that a crime had been committed, the officer read the boys their Miranda rights and hauled them off in handcuffs to juvenile jail, where they spent the next five days. Now, Cory Mashburn and Ryan Cornelison, face the prospect of 10 years in juvenile detention and a lifetime on the sex offender registry. Read the Original Charges here. The charges against both Cory Mashburn and Ryan Cornelison were later amended and the felony charges against Cory were dropped.
Bradley Berry, the McMinnville district attorney, said his office "aggressively" pursues sex crimes that involve children. "These cases are devastating to children," he said. "They are life-altering cases."
"The disproportionality of the charges is absurd," said Phillip Esplin, a forensic psychologist who has researched child sex abuse for the National Institutes of Health.
"My question is, why this would constitute a sexual offense, as opposed to something inappropriate that should have been dealt with within the school -- not within the criminal justice system."
To Rhonda Pope, mother of Christian Richter, 13, a girl named in the court papers as one of the victims, the charges are justified.
"Slapping somebody on the butt is sexual harassment, and it is a crime," she said. "Considering what was going on and that my daughter was offended, it is a crime. And it's not OK."
Insisting that the charges are an overreaction, Mashburn's attorney, Mark Lawrence, has worked to bring as much public attention as possible to the story. Lawrence, himself a former Yamhill County prosecutor, and his client briefly appeared on commentator Bill O'Reilly's cable TV show.
"I look at this from a prosecutor's perspective and a defense attorney's perspective, and believe this is truly insane. I do not condone this behavior -- it was inappropriate. But it is not criminal."
Marshall Roache, the police officer, after conducting a follow up interview with many of the girls was told that it was "slap butt day" and many of them were involved in the same behavior including one girl who described it as "a handshake we do." Two of the alleged victims said they had swatted boys' buttocks themselves. No one claimed to be offended by the horseplay. At this point the two boys were still locked up.
The next day the juvenile court held a hearing on whether the boys should be released. The courtroom was packed with Patton students and families of both boys -- many were crying. The boys were there, too, in shackles and jail outfits. Two of the alleged victims spontaneously offered to testify on behalf of the boys. Under oath, they told the judge they were friends and did not feel threatened by them. The two girls also testified they felt compelled, during the initial interviews with Tillery and Roache, to say things that weren't true. Read a copy of the court transcript here.
"Well, when the (vice) principal asked me stuff, I kind of felt pressured to answer stuff that I was uncomfortable, and that it hurt, but it really didn't," the girl said, explaining that she didn't think anything sexual went on.
The boys were released. But the judge ordered them out of school, required constant parental supervision and barred them from contacting friends. Any deviation, he said, would result in more time in juvenile jail. The boys and their parents were interviewed about the experience. Watch the Video Clip Here
The only "victims" in this entire incident were the two boys and their families. Because of their horseplay, two boys have been thrown in jail for days, enduring what must have been a nightmare for both of them. Now their parents are suffering under the expense of having to hire lawyers to defend their children. Both boys are under house arrest and are not able to return to school. They are facing some very serious charges that could land them in jail for a very long time. And in addition they may have to register as sex offenders and be included in that registry for the rest of their lives. All this over an incident in which no one claims to be a victim and no one is afraid of these two 13-year-olds, who were just having some fun with their friends during the lunch break at school. When will some sanity return to the "adults" who try to make young sexual predators out of boys just having fun??? Can someone tell them to BUTT out and let kids be kids!!!
Reader Comments (102)
You can't say for someone else who has been the victim of the act that the act of someone slapping her was only "harmless play" and it is up to the rest of the world to bend over backwards and give people who "playfully slap" others lots of leeway for what they should not have been doing. There are young people (especially females but whenever it has happened to a male it applies too) who have experienced sexual abuse through family, clergy, teachers coaches or other adults or individuals and being slapped is a traumatic reminder of being sexually used, and fondled, and overpowered, and shocked, and disrespected. Who's to say that jail time for the offender is "too much"? It may not be anything close to what the victim is experiencing. Young people should be taught that playing games to "sexually tease" others can have repercussions and rightfully so because you can't be assuminmg that other people take such things as "fun mischief." You could be further emotionally harming someone. People should not complain that the law is getting involved. It could prevent a situaion in which someone who gets slapped comes back to school with a gun and shoots everyone. This incident of a kid getting jail time should be looked at in the right context. Too bad it is something "disproportionate" as some people think, but it will serve as a lesson. Other people will hear about it and be more careful and it should help keep someone from thoughtlessly slapping someone and ending up in jail. It is just like the threat of getting fined for jaywalking keeps people from crossing the street thoughtlessly and getting themselves killed and a car all messy.
By the way, how many people would rather be the person who slapped someone on the butt uninvitedly and got jail time, or be the person who got slapped on the butt and was humiliated and objectified?
This is absolutely absurd!!! My daughter was molested at age 3 and the man got 6 months in a county jail. These poor children are facing jail time for something that happens everyday at school. I am not saying what they did was right adn they should face some sort of punishment but jail time is going a little too far. I can not believe this, it is just more proof that the system SUCKS!!! Punishment for those who deserve it are minimal while thos who do not quite deserve such rash punishments are getting life without parole! What can we do to stop this sort of thing???
Good grief - sounds to me like its just adolescent kid stuff....NOT A CRIME. Is it a crime for kids to just be kids today. I mean its not like they were raping these girls and the girls were doing butt slapping to others too...I think the mother of the girl that said it was a CRIME should put her girl in private school for girls and make sure she has her chastity belt chained and locked. [shaking head] Can you say OVERKILL??
Thats whats wrong with society today, they focus on the stupid stuff and not get to the people that are the REAL PROBLEMS - the judges and juries that allow these buckeheads to run free to kidnap, kill and rape our kids.
What is wrong with this world?? We let murderers live in a place where they get 3 meals a day, can work out, watch tv, play games, and even work...then they get out of jail to get back into society? Why, so they can murder again? No lesson learned there....and now 13 yr old boys are being just that....BOYS....and instead of the school taking care of it, they got ARRESTED????????? You have got to be kidding me!!!!! Absolutely rediculous. So what we are saying to our children is be afraid to do anything at all....don't touch anyone, don't even look at anyone the wrong way....but whenever you want, break the real law and have the life in jail. Come on! We seriously need to check our system!
L.M, Get real! I've been in both situations and there is a big difference. The person the abused did a great deal of damage and I would have loved to see him convicted or worse. The kids that slapped or touch my butt may have made me feel humiliated for a moment but I didn't want them sent to jail for it.
Well being the father of a young ladie, I would be very upset if the school did nothing. For example, this really did happen in an upstate NY school system.
A friend of my god daughter was getting her bra snapped a few times a day by a male student. This went on for 3 months. She reported it to those in charge. She was told that it is "just stuff boys do". She also kept a list of those she spoke to about it. She got tired of it one day and turned and punched him in the nose. Breaking his nose and upper jaw. The school suspended her for 4 weeks and had her arrested for assult. The outcome was everything was dropped by the state, the boy was charged with sexual assult, and the school paid out 6 figures for not dealing with the problem. The boy was not required to register as a sexual offender. But was/ is on probation for 3.5 years.
I feel horrible sorry for the boys. As everyone before me said...it is not ok what they did, however, it is not criminal. A DA is willing to ruin a 13 year old guy's life over this? How about going out there and getting the real criminal? How about making sure the killers and the real sex offenders go beind bars? Why not drop this absurdity and move on to what really matters. And as for the parent of one of the girls, who said that her daughter was sexually abused...how about you talk to someone who got their daughter really abused and then burried alive? A swat is sexual abuse to you? What about when your daughter touches a boy's bottom? what is that? How about go to inner city schools and see what is done and then reflect on the way you say things in public. People come to your senses and see what really matters, leave the boy and the family alone, for that they have done nothing criminal that deserves up to 10 years in jail.
My prayers are with Cory and his family.
An OVER ZEALOUS prosecutor, inappropriate conduct needing attention by the school...prosecutor to eager to ruin lives forever!
FIrst of all - since when is the butt - through the clothing - on the gluteous maximus considered intimate sexual contact. If that were the case- could prosecute every woman - or man for that matter - who rubbed up against me in an elevator.
Secondly - the legal terminology here is crap. Using the term VICTIM is self serving for the accusor - which to my understanding there actually is NO accuser - it was a domino effect - a teacher SAW something - the principal assed it to the cops and the cops determined that the BUTT is an intimate sexual body part. Cops pat down butts all the time - male upon female - if its intimate ought they not do that any more. THis is CRAP - plain and simple and if this gets to trial - and they have a decent defense attorney - and perhaps security footage from that school showing not only that this is common practice with all students - but also that teachers etal observed this in the passt - man are you gonna have major law suit or more likely 100s of them from ambulance chasing attornies who will see a gold mine in an innocent act
One question - ought we consider if the judge - court commissioner - DA or any of those cops EVER slapped a lady on the butt. What would the reasonable person assume to that question. These COPS are idiots for taking them in - the DA should have diffused this timebomb at the beginning and not gotten it to this point and the DA should insist the terms Victim and "sexual" not be permitted until it has been decided to go to trial. If it does go to trial - the families should seek out a mean ass defense attorney who will work over ALL the kids in that school and determine if others did this - and if the girls themselves ever did it also to boys and if so make damned sure they inundate the DA and court system with 100s of cases - thats justice - whats good for the goose is good for that gander. This is absurd and an abuse of the legal system from the get go.
Pretty soon we'll have to send our kids to school with their arms tied to they're backs. The parents of the girls and the school officals who are pressing the charges obviuosly have nothing better to do with their lives but ruin the lives of these children who were just playing around. I don't even think a 13 yr old even knows what sexual harassment is. Worry about the real rapists and sexual offenders that are doing the real harm and let children be children. Detention would have been sufficient for those boys. Give me a break!!!!
If i was the parent of cory i would have sued the school by now for their extremly unprofessional way to handle this. And i think she should sue the school for that, for puting her 13 year old child through so much without even seeking less drastic measures. i mean, come on...arent we living in a litigous type of society where everyone blames other people besides themselves? and where a DA wants to keep busy with nonsense because they are not confident enough to deal with real crimes?
What I find really disturbing is that this is initially and inherently (even though it can be definately be said to be a "unisex thing" in a way) a matter of men deciding for women what sexual harrassment is or is not.
In one of the articles I read about this, the one boy had been touching a girl's breast as well as slapping other kids' behinds. I believe that there should have been a consequence and all the facts should be told. As with other things, it is easy to jump on the bandwagon based on partial information. IF the kids were playfully hitting each other, the school should suspend them or provide a consequence so that young boys learn that there are limits to what they do. If there was more to it, similar consequences should follow. I don't want to make these kids feel like heroes or as if THEY are the victims.
I am obviously a girl. I think it is 'normal' that a young teen slaps a girls behind. Although a girl may be uncomfortable with it, it should be dealt with in the school. They boys should be warned. Detention. Something. But the legal system? Shame on the school for not being able to handle something so minute. I bet those girls are not so innocent anyway. If this is how our legal system is then guess what, I am going after the cop that pulled me over and said I was hot, and the principal that told me I was pretty, and the 30 boys in school who slapped my but, and the boss that sent me flowers. I am also going after Holly wood for making it 'appropriate' and 'acceptable' for all boys/men to slap a behind. Oh and for my parents alls those spankings I got were too inappropriate.
What has our world come too?? I am ashamed.
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I think "Behmang " really put it in the most appropriate perspective. The ones who did wrong are being made into some sort of martyrs for "freedom" or heroes. If they are suffering more than their actions had caused, it is too bad. As I expressed elsewhere about this matter, It is like the incident of police shooting a grafitti artist some years back. It was a bit of an overreaction but then again society and the world did not lose someone who did wonderful and positive things that the world benifitted from. Worry less about the people who made trouble (in the first place) and more about the people whom were given trouble.
I totally agree with what jenna said previously. It is unfortunate that it happened to such a young boy to be made an example of how idiotic, dysfuctional and disappointing our legal system is turning out to be. Michael Jackson clearly abused kids and is free and you are going to make this guy a sex offender? It makes me sick. It makes me feel ashamed to be american, what are we becoming...what is happening to our society and to us. Have we forgotten how to be human? Are people nowdays born 45 year olds? They dont remember they were kids one time in their life?
They deserve everything they get! What they did was wrong-they new that-It's Sexual Harassment people. What is wrong with you? Maybe if they are punished now, they won't grow up to be Ted Bundy's!!
I say give each of the girls father one swing at the boys butts boys. They should make a public appology and be supended form school a wile. Thay are 13 and did something stupid, its not like they scared these girls for life. But with absurd criminal charges like this these boys lives or over before they even start. You can't tell me that the parents of these girls agree with what is happening to the boys.
This is what happens when we only see in black & white and lose perspective and the inabilit to see any gray areas. The schools are so afraid of being sued that they go too far in the way they handle all of their discipline.
This is really sad, epecially since I just saw that a Liberian man in MD was not even tried after having sex with a 7 yr old.
These are young boys. Why do we insist on no tolerance of any kind for these small infractions, yet we continue to allow the real pedophles and abusive people to live without repercussion.?
As the mother of three young men, I pray that one innocent incident never leads to the bizarre interpretations of the school system & prosecutors in this country.
I believe this situation shows just how our judicial system is responding to social exageration of the intentions of human nature. I don't condone or say that what the boys did was right , it was completely inappropriate . However , I don't believe it was anything that should deem these boys sex offenders or even criminals on any level. Fact is this is a failure in this country's moral structure formed from popular social believe.
In other words this a is a governmental response to a highly diverse set of social standards. The rules have only changed because there are people who are stupid enough to think that the boys did was a felony. I think that this exageration is one of many , and I'm sure it will get worse. Bottom line people are people and will always do things that someone dislikes but should it be criminal simply because a few people think it's wrong. Nobody is perfect and you can't please everyone.
I am so disappointed. What is wrong with our legal system, our prosecutors, when they can not use common sense? We constantly hear about overcrowded prisons - duh - this would be why. They can't catch the real criminals, and so they use the letter of the law to demonize those they can catch, and then the real criminals get paroled. What the heck? We have Glenarlow Wilson sitting in jail for being given oral sex (one of many) because he was 17 and the female was 15. If every young man who has had sex with a female under the age of 16 raised his hand, and was prosecuted, our nation would collapse. If every young man who has snapped a bra, or smacked a tail, was prosecuted, again we would have no workforce left. Our children need to learn, in the process we guide them. We don't send them to jail for biting or cursing, we talk to them, punish them. We are their parents - not the District attorney, not the police. When it is convenient - they tell us the children are our responsibility, but then they offer our children free confidential birth control without parental consent or notification. These people want it both ways. What a waste of our taxpayer dollars, and their time. I certainly see enough pictures of missing children, why don't they go find our missing children, and put the real criminals behind bars. I do not want to look at a sex offender registry and see and adolescent who is not a predator, I want to see the 40 year old who has been preying on our babies.
THIS IS CRAZY !!! WHAT IS THE MATTER WITH THIS WORLD ALL THEY THINK OF IS SEXUAL THING WHEN THE KIDS ARE HAVING THEIR FUN. THOSE CHARGES ARE HARSH AND TOO STRONG FOR THE BOYS - THEY ARE STILL KIDS NOT ADULT. I THINK FINE OR SOMETHING ELSE BUT NOT JUVENILE DETENTION OR JAIL IS NOT GOING TO SOLVE THIS - IT IS GOING TO HARM THEM IN SO MANY WAYS AND WILL NEVER BE NORMAL AGAIN IF THEY ARE IN JAIL.
DISTRICT ATTORNEY OR JUDGE: IF THIS WAS YOUR SON OR GRANDSON - WOULD YOU DO THIS HAVE THEM TO GO JAIL AND BE PUT IN SEX OFFENDER WEBSITE ???? (KNOWING THAT IT WAS THEIR INTENTION)....
L.M u seriously need to stop with this postings. U are being unfair and harsh towards what happened. I mean, you never went through adolescence? if you really think that the boys deserve what is happening to them, then throw the first stone. This is a matter that could have been resolved within the school by the teachers, and the principal and the parents of everyone involved. If you think the boys are clearly sex offenders then there is something wrong with you and the way you lead your life. Look inside of you and find some humanity and imagine that being your kid treated that way. But hey, it is easy to judge when you dont have to turn the knife the other way around and for a second imagine yourself in that position.
What has happened to our society when stupid, but "typical", juvenile behavior is taken to this level.