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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)
L.M,
I don’t think that no one is really denying that the butt slapping was not a form of sexual misconduct. The matter that remains are when is a parent allowed to be a parent in disciplining their children and when does the law have the right to punish them. To what extend do we keep allowing other people who are not a part of the family structure to continue to influence the future of our children.
These boys without no doubt should get into trouble for their behavior, but we are not talking about children who are walking around with guns and planning on killing someone as you mentioned before. We are also not talking about an offense that has accrued over a period of six months and that has been documented for it to be some sort of mental disorder. I don’t think no one really wants to generalize that these boys are wrong. However, I do believe that when in dealing with the law and society there are more serious offenders are getting away with more than these two boys ever committed.
For example, why is it ok for a woman to have a sexual relationship with our sons and it’s viewed as ok. When a man committees the same offense then he does prison time. The world is full of bias behavior, and if when the world spends more time trying to determine the future of these boys instead of changing the laws for harsher punishment to serious offenders, then what does it really say about us. If it were me, I would see to it that these boys get counseling to determine their mental stability to try and see if they are nearly a threat as they are being perceived and if it is the case that then they need help if not, they need to be disciplined, punished by the parents and the schools not the court system. Like a said before this case is just stupid and no matter how many opinions are put out there, these two young boys have to deal with the over zealous acts of a vice principle, police office, truth is he needs to be doing the foot work in our streets if he is going to be determine the fate of children in this manner to the extent that he did.
I just heard this story on TV, and I am concerned about the severity of the punishment as well as concerned about the actions of the kids. I've spent 21 years teaching high school and junior high students, and I honestly can say, yes, being required to register as sex offenders is a bit extreme for these two kids. That said, what the boys did certainly falls under the banner of sexual harassment, and they would have been suspended for a week or so at our school. Whether or not the girls minded the conduct is really beside the point. Most school handbooks have a passage about sexual harassment, inappropriate touching, etc., and if kids and parents would read them, they might save themselves a boatload of trouble.
One poster above said that this is normal teenage behavior. It has been many, many years since I was in high school and junior high myself, but I can't remember any boy touching my butt. I was a normal kid who had close friends of both sexes, and we spent time together in and out of school. However, if a boy had slapped a girl's butt in my grammar school, he would have received a few swats by the principal. Then he would have been paddled again by his dad or mom when he got home and dragged over to the girl's house to apologize to her in front of both sets of parents. I should mention that he would also have been punched in the eye by the girl or her brother ... and that would have been the end of it.
These kids should talk to the school counselor to make sure they understand why their actions were inappropriate. This includes any girls involved in the mischief, as they are just as guilty, if they encouraged it. Then the kids should be given some sort of appropriate community service to do. When it is done, that should be the end of it, as long as they don't misbehave in that way again.
well she said (district attorney) these charges are life threating, life changing. well if she purse's these chrages agianst these young boy's it will be life changing. for them i can almost guarentee you one of these boy's will wind up in prison for life if he is labeled as a sex ofender. i am not saying it is o.k to touch others in this manner but what up your a school. teach the childledren don't destroy there life's . so much to say but that is enough for now .
The diversity issue seems to be important. The girls admitted to also slapping but. Thankfully, the feminists on this forum have only talked about how the girls were violated, the possibility that it was wrong for the girls themselves to slap but might have been raised by extreme right wing masculinist nuts. Thank goodness that diversity prevailed. It was not wrong for the girls to slap other girls or boys, of if boys slapped other boys since that could have been an expression of gay sensibilities. The only shame is that the male perps weren't sufficiently sensitized to the fact that is wrong for their gender to slap but that they have to submit to the girls slapping them, as they did, in the future. The school and the justice system has shown a fine sensitivity to gender diversity, it is a shame that they couldn't also demonstrate racial diversity; for example, punishing one ethnic group but not another for slapping. Nevertheless, this has been a good addition to the diversity experience in our schools.
It sounds like the American version of the Taliban.
Bradley Berry is obviously a over zealous ambitious idiot unfit to make any judgements in a case of real law. He should be ashamed. What if this were his son? would he apply the same harsh mentality. Betcha NOT!
There is more to this story
Like dry humping,,, yes it was in the police report. One of the girls said that the boys would trap her between them and rub up against her,,,, Check out page 7 of the police report.
http://blog.oregonlive.com/oregonianextra/2007/07/PoliceReport1.pdf
And breast scooping, and touching.
The school had an assembly previous to this and had told everyone that this behavior was serious and had to stop. Two kids had been arrested proir and spent longer in juvy. They were charged with harrassment.
The boys were asked to stop,, and did not.
To say that they didn't know it was not appropriate,,, is bogus. They knew.
Should they be labled or charged with a sexual crime? Probably not,, they should probably just get harrassment.
Not all the girls have recanted. What if it was your daughter getting rubbed up against between two boys, her breasts scooped, and butt slapped? Even if she says it wasn't a big deal to her,, would that be appropriate?
Do you think the girls might be embarressed to say that they actually were really offended? They have taken a huge hit at school by there peers, for getting the boys in trouble and making a big deal of this. How would that make you feel?
Any way you slice it,,, we all might have done some butt slapping as kids,, but when asked to stop,, you should stop. This is how kids learn appropriate behavior. This was getting out of control at the school,, and they were trying to protect the girls.
"Boy, you guys really have problems in the Ol’ USA if kids smacking each other on the butt is a criminal offence. Unfortunately, a lot of what you guys do eventually reaches ‘God’s Country’ down here in Australia, so I’d better be prepared. I can’t believe that butt whacking is a crime, but carrying around a magnum or semi auto hand gun or rifle isn’t. Do you guys think that maybe you have your priorities wrong? Never heard of a school massacre where the kids were smacked to death. Thank God for the ‘Land Downunder’.
Frank."
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You have to be a complete moron to think everyone in the USA agrees with this action.
The diversity issue seems to be important. The girls admitted to also slapping but. Thankfully, the feminists on this forum have only talked about how the girls were violated, the possibility that it was wrong for the girls themselves to slap but might have been raised by extreme right wing masculinist nuts. Thank goodness that diversity prevailed. It was not wrong for the girls to slap other girls or boys, of if boys slapped other boys since that could have been an expression of gay sensibilities. The only shame is that the male perps weren’t sufficiently sensitized to the fact that is wrong for their gender to slap but that they have to submit to the girls slapping them, as they did, in the future. The school and the justice system has shown a fine sensitivity to gender diversity, it is a shame that they couldn’t also demonstrate racial diversity; for example, punishing one ethnic group but not another for slapping. Nevertheless, this has been a good addition to the diversity experience in our schools.
XD
Right on the money.
I saw this report on 20/20. This was a game that the boys and girls were participating in and the girls should have gotten equal punishment which should have maybe been a scolding from a teacher. Perhaps part of the problem is the outrageous double standard which even allows female teachers to have sex with their under aged students without getting in much trouble. However,the real travesty in this case is a bunch of total idiots from the teachers to the police and the crazy district attorney who were too stupid to realize these were simply children with no criminal records just playing around. I hope a lot of heads roll on this one. That community is in big danger if its run by idiots like these. This makes a joke of real cases of sexual abuse. There are people committing real crimes who are serious threats to society. This is a no brainer but everyone in that community dropped the ball.
This is to Lisa and everyone else who thinks that the treatment these boys got was deserved. SHUT UP. Geez.. YES the boys do need to learn that this is wrong. But paying for it the rest of their lives is not the way. Heck, I did a lot worse things when I was younger, but I was punished, appropriately. My upbringing and the descipline I received as a kid made me who I am, someone who respects everyone, male or female. Kids need descipline for such things, not jail time, or the permanent label of 'sex offender.' Not just for this offense, but for any non-malicious act. Even kids having sex.. This starts at home, with values being taught. Kids learn from their elders, parents, etc. They grow up to be who we make them to be. Throw them in jail now, and their peers and influence will be a lot worse than anybody else we could put them with. Most would agree with me I think.
No disrespect intended for anyone for what they beleive, but wake up America, it's not all about you. Everyone is so intent on making other people pay for their little mistakes in life. Nobody is guaranteed the right not to be offended. Just be a grown-up and don't cry about it. Deal with it rationally. I could go on, but I'll stop for now. Til next time.
btw, not taking up for Frank, but let's face it, Everyone does see us as the litigating nation. Everything is settled in a courtroom. Something's gonna break someday, we can't keep up with the pace of all this. If America continues to allow these 'advances' in the criminal justice system, then we'd better be prepared to build a lot more prisons. We're in control, tho, just gotta act. Gotta let the leaders know that this is not acceptable. If only it were that easy...
The sad but true thing about this case is that it isn't the only one that has or will happen in this country. Since the 1990's when juvenile crime did go up the state legislature's all across this country have made children into tiny adults and attempted to punish them. We are just now beginning to see the reality that we are throwing children away like garbage every day in this country. It MUST stop!
"Yes, it is wrong! To invade someone’s bodily space without their permission, is wrong.. Disrespect for a woman starts out innocently, ie: slappin a girl on their butt. Men beat their wives and kick their dogs because they can and many have no respect for a woman or a dog as important. If the kid slapped my butt I would have hit him back and not for the fun of it. KEEP YOUR HANDS TO YOURSELF! That’s were they belong not fondling a woman for the fun of it. You’ve got to be kidding." I have an idea. Why don't you go serve a few days in county jail and see how you like it? I hear the food is great. Chef Bob is the man.
The excessive punishment is the result of having the school police officer on hand as the first responder to any discipline issue. His natural reaction to any perceived harrassment is to file charges. Once that happens, no school administrator or anyone else can alter the course of events.
Yes, the boy's actions were disrespectful and deserving of correction. However, the real problem here is using a police officer to determine appropriate response to the incident.
Respectfully yours,
George
I'm looking for articles describing how school boards have handled incidents in which boys and girls have been disciplined differently for the same or "consentual" offense.
George
.. the land of the free...
For goodness sake! Have we gone so mad that we treat kids as adults and vice versa? The boys should have been given detention or, preferably (as in my day) a paddling. The problem is that the same voices that tell us not to punish our kids then cause this sort of over-reaction.
That is some serious bull****!! Isnt this a form of horasment to those two kids? Those boys will probly be scared for life! P.S. (I think this principal and whatever cop/cops that were involved are complete idiots to say the ABSOLUTE least!)
Steve Tillery you are a fucking idiot!!
yeah lol i know one of the kids....lol!!!
yeah dude i want to transfer to that school so badd all my friend are over there
I used to do this when I was in the 8th grade. I believe its wrong now, but now i wounder why I did it in the first place. I guess I was just curious.
ha you no what
i reckon it was because the person who did the slapping was a pair of boys.
i remember slapping a few when i was 13 that was 3 years ago now
someone told me it was wrong and i didnt do it again
man does that make me a sexual predator or something...
should i go on the list and now be aloud near schools, parks, daycares, ect
The second commenter stated it best.
Assuming everything in the article is true, it's fairly obvious that the boys do not deserve "10 years in juvenile detention and a lifetime on the sex offender registry" for their inappropriate actions. The fact that the girls were slapping the boys' butts as well was practically ignored. Double standards are, once again, reinforced.
I'm sure those who believe such a punishment is justified are trying to be controversial. If not, they are old enough to know better.
My kids are 17 and 18 now. When my son was about 11 and my daughter 12, my son kept smacking my daughter's butt. I made him stop when I found out he was doing that and he seemed to understand. He hasn't done it since. See with the example of my son? All the boys in this article needed is a talk with their parents about inappropriate things like butt-touching. It was COMPLETELY unnecessary to call the whole law enforcement on these boys for doing these little things. They are kids growing up, trying to learn what's right from wrong. The school officials and their parents should have taken action, not the police. And maybe these girls should have just given them a nice whack in the face to ensure they don't do it to them again, if they felt uncomfortable or angry about it, NOT, once again, the police. People these days are reading too much into things and it's very sad. I guess now I will sue a boy from 4th grade (in 1967) for playfully poking me.
A defense lawyer could make a pretty case that the State drop this case or demand the State execute the max. It will cost the State $700,000 for prison, and a million or so in lost taxes, because of low paying jobs.
And that's just for openers. They will have to be schooled seperate from other children. A two pupil school is expensive.