Teen rape case

Wellington Daily News, Australia, July 3, 2007

A Wellington girl who went to her teacher to report a date rape is now being charged with rape herself.

According to Sumner County court reports, the 14 year-old only identified as L.B. in court records, is being charged with aggravated criminal sodomy and rape after going to her teacher to talk about an alleged date rape that allegedly occurred in early February with a 13 year-old boy.

The case was in court Friday and drew the attention of Wichita television reporters.

L.B., a student at Wellington Middle School at the time, wrote a statement to outline her version of the events.

According to the girl, it was around 3 p.m., when a friend called her to come over and spend time at her house while the mother of the home was reportedly away playing bingo. Once at the friend's house, the two started inviting people into the house.

L.B.'s sister and her boyfriend showed up to the house but eventually left, leaving the pair to invite over the 13 year-old boy - identified in court as A.A. - accused of the date rape. The three were watching movies when the friend of L.B. left the room to see who was online.

Eventually L.B. and A.A. made their way to a bedroom where they watched television. A.A. asked L.B. to give him oral sex, which she agreed to, however, for L.B. the situation grew tense, court records indicate.

“Then he got really forceful by pushing my head down to where I was choking and I didn't like that and I wanted to stop but I couldn't,” L.B. wrote in her statement to police.

After the first incident, L.B. And A.A. met again the next day where they again were at the same friend's house, with the mother gone to work, and L.B.'s older sister and boyfriend in the house. The sister suggested the two leave the living room where they were watching tv so they could be alone. L.B. And A.A. Then returned to the bedroom.

L.B. stated A.A. kept pressuring her to have sex with him.

“I felt forced and pressured into it,” said L.B.

After the two had intercourse, they had oral sex later that day.

She states in the record after the second incident she “felt really bad.”

Later, the girl would go to her teacher, Carmen Hatfield at WMS and relay the events. Hatfield in turn, reported it to school principal Jerry Hodson, and later the Wellington Police Department. It was reported as a date rape by school authorities to the police department.

A.A.'s side of the story differs from L.B.'s. He says in his police statement L.B. was the aggressor in the incident asking him if he wanted to have sex.

“L.B. asked if I wanted to have sex. I said we don't have to if you don't want to. But she insisted so we had sex,” said A.A.

He said L.B. was talking to people around town telling them the two had had sex, but said he hadn't talked to her three weeks after the incident.

Now since A.A. was 13 years-old at the time of the incident, L.B. is being charged with aggravated criminal sodomy and rape, with A.A. also being charged similarly.

L.B.'s lawyer, Sean Shores of Shores, Williamson, and Ohaebosim in Wichita, says the charge is ridiculous and that it's sending the wrong message to the community.

“We have a young girl who needed help ... and she hasn't received help,” said Shores. “The message we are sending to our daughters is that it's better to say nothing at all than get help. We're basically telling them to shut up.”

Shores also accuses Deputy County Attorney Evan Watson of “using it as a message to bully her into taking something smaller.”

If L.B. were to plea agreement, she would end up being charged with contributing to a child's misconduct or deprivation.

Shores says the law on statutory rape wasn't meant by the legislature to include “kids having sex with other kids” but rather adults abusing children. Even more disturbing still for Shores is the idea that if his client goes to court, A.A. would be granted immunity for testimony against L.B., the alleged rape victim.

“I don't know why he's hell bent on this,” said Shores of Watson and the case. “It's just unbelievable.”

Shores said he has tried to talk with Sumner County Prosecuting Attorney Kassie McEntire about the case, but has had no success in persuading her to take action.

“It's almost as if she's just refused to do anything about it,” said Shores.

The case was continued Friday, June 29 to hear motions in three weeks. Shores says he'll be doing what he can to get the charges against his client thrown out.

“I still have some motions to file in the case,” said Shores.

Watson issued a statement to Wichita television station KWCH saying he doesn't comment on on-going cases.