2 Arrested, 6 potential in rape of 11 year old

[RichardE]

6 Football Players Questioned in Rape of Girl, 11
Police interview Fresno College football players in the alleged assault on an 11-year-old runaway.
By Valerie Reitman, Times Staff Writer
July 11, 2006

Six prospective Fresno City College football players have been questioned by police regarding the alleged rape of an 11-year-old runaway by up to 10 men, two of whom were arrested earlier.

The players, who reported to the Fresno police station voluntarily with their coach, were released after five hours of interrogation Sunday night and submission of physical samples, Police Chief Jerry Dyer said Monday. The samples ? which typically include fingerprints, hair and saliva ? will be compared with evidence collected at the scene.

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Dyer declined to clarify whether the six were among the "as many as 10" men allegedly involved.

"We don't know that yet or we're not revealing it to the public," Dyer told reporters. "We're looking at a number of potential individuals?. Two are in custody, but I can't get into details of whether the six are suspects."

The men are "potential witnesses, potential persons of interest," Dyer said. "It's too early to tell."

Two suspects, Mackey Davis, 20, and Eddie Scott, 19, were arrested Saturday night and will be arraigned today on charges of one count each of molestation of a child under age 14 and oral copulation with a victim under 18, Dyer said.

Police are also seeking a second runaway, identified as 15-year-old Jamie Gonzalez, who was not assaulted but may have been with the victim before the alleged attack.

Gonzalez and the victim ran away from a Fresno group home midday Friday. Gonzalez appeared to have known or socialized with some of the suspects, Dyer said.

Police were called about 9 p.m. Saturday after the girl fled the apartment. A couple also flagged down a patrol car to help the victim. The girl suffered minor physical injuries and emotional trauma, Dyer said. He said evidence collected at the scene corroborates her account.

Most of the suspects are from out of state, Dyer said. Junior college football powerhouses Fresno City and Reedley College typically draw players from states whose two-year colleges do not offer football.

The apartment had been arranged for the prospective team members by Coach Tony Caviglia, Dyer said. Football practice at Fresno City College starts in August. College spokeswoman Cris Monahan-Bremer said she couldn't verify the report of the apartment being for the students.

The players arrived at the station with Caviglia after Dyer said he left word and his cellphone number with Fresno City College President Ned Doffoney.

Caviglia asked Michael Idiart, a criminal defense attorney whose son he had coached two years earlier, to advise the players as a group of their rights and the legal process, Idiart said.

Idiart, who provided the counsel for free, said he believed there were seven players ? one more than police said were interviewed ? present.

The men were nervous and wanted to know their rights.

"The ones voicing anything said they were innocent and wondered, 'Are we going to be crucified?' " Idiart said.

If they didn't do anything wrong ? and hadn't touched the girl ? they should provide statements to police, Idiart said he told them. If they had done "something to be concerned with, if they touched her, even if it was consensual, or if they had done something to abet or aid [the assault], they might want to exercise their 5th Amendment privilege" to avoid self-incrimination, he advised.

It's no defense to argue the victim appeared older if she's under 14, even in consensual contact, he told them.

The men said there wasn't a party Saturday night, but some were going back and forth between a few apartments, as usual.

One or two players said they might have seen the girl come out of the bedroom or bathroom at some point, Idiart said.

The victim appeared to be older than 11, the players told Idiart. "They said she was tall and had some development?. They all said she 'looked like she was 18 or 19 to me.' Whether that's true or not, I don't know. When I think of 11, I think of a girl jumping rope and playing jacks. But apparently she was more mature than that."

Chief Dyer declined to discuss the mental state of the victim beforehand or whether she may have consented initially to physical contact. "We know that 11-year-olds don't always make good decisions," Dyer said.

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I think it is sad they are evn trying to use the "she looked 18" with an eleven-year old. 🙁

I hope if they are guilty they are raped/killed in jail. :|

 

[ruffilb]

/agree with OP.

 

[Nebor]

It's amazing that there are still people out there dumb enough to talk to the police. News flash, no cop is your friend, ever. He wants to put you in jail forever.

 

[yosuke188]

We seriously need a pic of the 11 year old to see how old she actually looks.

Imagine if she is wearing braces and has freckles all over her face...

 

[waggy]

yeah i read that the other day. it is disgusting. hope they get raped dialy in jail.

 

[NFS4]

Originally posted by: waggy
yeah i read that the other day. it is disgusting. hope they get raped dialy in jail.

...by Lexington Steele, aka Lex the Impaler

 

[OS]

heh as if it were more ok to rape her if she was 18 instead of 11

 

[Lonyo]

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

 

[EyeMWing]

I'll believe it, actually. Had some 11 year olds hit on my friends and I a few days ago - couldn't tell the difference until they mentioned that they went to A GOD DAMNED MIDDLE SCHOOL. Fortunately for us, we're all either involved in relationships already, or believe in the "card 'em before you do 'em" theory.

 

[paulney]

My theory is that the most fvcked up things always happen in Central California. Fresno and Modesto take the cake.

 

[Goosemaster]

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

yeah....

 

[waggy]

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

nope. a rapiest that rapes a 18+yr old should be raped in prison. BUT someone who rapes a 11 yr old deserves special treatment. thrown in with the biggest baddast guy in the place witha tattoo "fvck me, i raped a 11 yr old girl" on his ass.

 

[Ika]

Originally posted by: yosuke188
We seriously need a pic of the 11 year old to see how old she actually looks.

Imagine if she is wearing braces and has freckles all over her face...

 

[PingSpike]

Originally posted by: Lonyo

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

It doesn't really matter I don't think, if the girl is that young in the eyes of the law she was raped if you had sex with her. Regardless of consent. IANAL...but I believe thats how it works.

 

[waggy]

Originally posted by: PingSpike

Originally posted by: Lonyo

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

It doesn't really matter I don't think, if the girl is that young in the eyes of the law she was raped if you had sex with her. Regardless of consent. IANAL...but I believe thats how it works.

thats what i thought also. since a 11 yr old can not consent to sex it is rape.

 

[BigJ]

Originally posted by: waggy

Originally posted by: PingSpike

Originally posted by: Lonyo

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

It doesn't really matter I don't think, if the girl is that young in the eyes of the law she was raped if you had sex with her. Regardless of consent. IANAL...but I believe thats how it works.

thats what i thought also. since a 11 yr old can not consent to sex it is rape.

IMHO there's a hell of a lot of difference between a guy that rapes a girl of any age, versus a guy thinking he's having consentual sex with a legal adult.

For example, statuatory rape versus aggravated sexual assault.

 

[waggy]

Originally posted by: BigJ

Originally posted by: waggy

Originally posted by: PingSpike

Originally posted by: Lonyo

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

It doesn't really matter I don't think, if the girl is that young in the eyes of the law she was raped if you had sex with her. Regardless of consent. IANAL...but I believe thats how it works.

thats what i thought also. since a 11 yr old can not consent to sex it is rape.

IMHO there's a hell of a lot of difference between a guy that rapes a girl of any age, versus a guy thinking he's having consentual sex with a legal adult.

For example, statuatory rape versus aggravated sexual assault.

maybe. while i have seen some 11 yr olds that look far older (hell SIL at 11 was wearing a C cup and was 5ft9 and looked 16 (reason i know this is i was buying her clothes for her)).

but not knowing she was 11 really is no excuse.

 

[tjaisv]

Originally posted by: Nebor
It's amazing that there are still people out there dumb enough to talk to the police. News flash, no cop is your friend, ever. He wants to put you in jail forever.

Yep. Cops are suspicious people, they have be it's their job! Unfortunately, we're so conditioned to honor and obey authority like sheep that we think the cop is our friend with our best interests in mind and so we tell them everything. Reality check, folks, he's not your friend, he doesn't have your best interests in mind, he doesn't want to prove your innocence, what he does want is suspects, probable causes, and arrests.

Lessons learned: Know your rights and don't ever talk to the cops when they suspect u of something, always ask for your lawyer IMMEDIATELY. Even if you are in fact guilty of a crime, you needn't incriminate yourself with statements that the police can and will use against u. Hey that's the way the system works. If u don't like that or think that's fair, then go ahead and start answering a cop's questions and see if u don't end up in the back of his police car even if you're innocent, because the cop WILL question and question u until he either finds probable cause or is forced to let u go because he can't get anything on u.

For the record, i hope those football players get to spend a long time in jail if any of these allegations are IN FACT true.

 

[BigJ]

Originally posted by: waggy

Originally posted by: BigJ

Originally posted by: waggy

Originally posted by: PingSpike

Originally posted by: Lonyo

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

It doesn't really matter I don't think, if the girl is that young in the eyes of the law she was raped if you had sex with her. Regardless of consent. IANAL...but I believe thats how it works.

thats what i thought also. since a 11 yr old can not consent to sex it is rape.

IMHO there's a hell of a lot of difference between a guy that rapes a girl of any age, versus a guy thinking he's having consentual sex with a legal adult.

For example, statuatory rape versus aggravated sexual assault.

maybe. while i have seen some 11 yr olds that look far older (hell SIL at 11 was wearing a C cup and was 5ft9 and looked 16 (reason i know this is i was buying her clothes for her)).

but not knowing she was 11 really is no excuse.

Not saying it's an excuse, but he/they shouldn't be treated the same as a violent criminal. If that is the case.

 

[waggy]

Originally posted by: BigJ

Originally posted by: waggy

Originally posted by: BigJ

Originally posted by: waggy

Originally posted by: PingSpike

Originally posted by: Lonyo

Originally posted by: OS
heh as if it were more ok to rape her if she was 18 instead of 11

The article as far as I saw made no mention of non-consensual sex. If the girl had been 18 it therefore may not have been rape.
There is no definite mention of rape, just sexual molestation, and rape based on age, so yes, it could be different if she was 18 instead of 11.
I could have missed the bit where it explicitly states she was raped (as in, definately non-consensual sex, rather than the general sex with a minor definition).

It doesn't really matter I don't think, if the girl is that young in the eyes of the law she was raped if you had sex with her. Regardless of consent. IANAL...but I believe thats how it works.

thats what i thought also. since a 11 yr old can not consent to sex it is rape.

IMHO there's a hell of a lot of difference between a guy that rapes a girl of any age, versus a guy thinking he's having consentual sex with a legal adult.

For example, statuatory rape versus aggravated sexual assault.

maybe. while i have seen some 11 yr olds that look far older (hell SIL at 11 was wearing a C cup and was 5ft9 and looked 16 (reason i know this is i was buying her clothes for her)).

but not knowing she was 11 really is no excuse.

Not saying it's an excuse, but he/they shouldn't be treated the same as a violent criminal. If that is the case.

hmm true. i guess it really depends on what the girl looks like.

 

[randay]

what a bunch a idiarts.