Why is this interesting? Because she could go to jail for tweeting the names of two boys who sexually assaulted her and spread pictures of the act over the internet.
Yes... let it sink in... you read it correctly.
I know, right!
Here are a few more details of the story:
The seventeen year old victim passed out at a party.
Two under-eighteen males then assaulted her and took pictures.
The same two males distributed said pictures via the interwebs.
The two males plead guilty to felony sexual abuse and misdemeanor voyeurism. Sentencing is in August.
The hearing was in a juvenile court and therefore subject to confidentiality.
There was also a court order to not discuss the case outside the courtroom.
The victim felt the charges were too lenient.
The victim tweeted the names of the two boys and stated "if I have to go to jail for my rights, I will do it."
The lawyer for the two boys filed to have the victim charged with contempt of court.
The contempt charge has a maximum possible sentence of 180 days in jail and a $500 fine.
The boys were tried as "youthful offenders" which is akin to being tried as an adult. (adult proceedings have no confidentiality)
This info was gleaned from Sam Laird's article on Mashable.com. here.
In his article, Laird asks if the reader thinks the seventeen year old victim does or does not deserve jail time for tweeting the names of her attackers. Mr Laird, nice article... stupid question. Of course she does not. She does deserve to be found guilty, but not jail time. This is where "judicial discretion" comes into play. This is why the process of vetting judges is so important. This is why the judicial branch is a vital part of the U.S. Government. The judge in this case will have to look at the two boys who assaulted her, who are protected by this confidentiality of juvenile court, even though they were essentially tried as adults, and ask an important question. The question being, while the victim did in fact commit a crime, how much of an injustice was done? If I run out on a red light to pull someone from out in front of a speeding car, should I get a ticket for jaywalking? Should I be charged with assault for punching someone who is assaulting someone else? While each instance is technically a crime, are they truly and offence? An injustice? No, obviously not.
In a somewhat fitting scenario in my head, the judge hears the contempt charge, finds the victim guilty and orders her to pay the maximum $500 fine with no jail time. Then, the judge hands down sentencing for the two assailants, giving them both the maximum jail time allowable, ordering the two boys to register as sex offenders (which they likely wont have to do in this case) AND ordering them to pay the victim's $500 fine.
Actually, that's a silly idea of justice. I don't know what would be a just punishment for those two boys. I do know that the least of that punishment would be to have the world know their names.
UPDATE: The defense attorney has withdrawn the request that the victim be held in contempt.
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