Boys Face Trial Over Slapping Charges-Read story-Do you think the boys should have been charged with a crime?

[Darius11 12]

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NEW YORK (July 25) -- Two middle-school students in Oregon are facing possible time in a juvenile jail and could have to register as sex offenders for smacking girls on the rear end at school.

Cory Mashburn and Ryan Cornelison, both 13, were arrested in February after they were caught in the halls of Patton Middle School, in McMinnville, Ore., slapping girls on the rear end. Mashburn told ABC News in a phone interview that this was a common way of saying hello practiced by lots of kids at the school, akin to a secret handshake.

The boys spent five days in a juvenile detention facility and were charged with several counts of felony sex abuse for what they and their parents said was merely inappropriate but not criminal behavior.

The local district attorney has since backed off -- the felony charges have been dropped and the district attorney said probation would be an appropriate punishment. The Mashburns' lawyer said prosecutors offered Cory a plea bargain that would not require him to register as a sex offender, which the family plans to reject.

But the boys, if convicted at an Aug. 20 trial, still face the possibility of some jail time or registering for life as sex offenders.

The boys' families and lawyers said even sentencing them to probation would turn admittedly inappropriate but not uncommon juvenile rowdiness into a crime. If they are convicted of any of the misdemeanor charges against them, they would have to register as sex offenders.

"It's devastating," said Mark Lawrence, Cory Mashburn's lawyer. "To be a registered sex offender is to be designated as the most loathed in our society. These are young boys with bright futures, and the brightness of those futures would be over."

Cory Mashburn said he and Ryan Cornelison slapped each others' and other kids' bottoms every Friday. "Lots of kids at school do that," he said.

Cory and Ryan were brought to the principal's office Feb. 22, where they were questioned by school officials and a police officer. They were arrested that day and taken in handcuffs to a juvenile detention facility.

Court papers said the boys touched the buttocks of several girls, some of whom said this made them uncomfortable. The papers also said Cory touched a girl's breasts. But police reports filed with the court said other students, both boys and girls, slapped each other on the bottom.

"It's like a handshake we do," one girl said, according to the police report.

The boys were initially charged with five counts of felony sexual abuse. At a court hearing, two of the girls recanted, saying they never felt threatened or inappropriately touched by the boys. The judge released the boys but barred them from returning to school and required that they be under constant adult supervision.

District Attorney Bradley Berry has since dismissed the felony counts. The boys face 10 misdemeanor charges of harassment and sexual abuse. They face a maximum of up to one year in a juvenile jail on each count, though Berry said there was no way the boys would ever serve that much time.

"An appropriate sentence would be probation," he said. "These are minor misdemeanor charges that reflect repeated contact against multiple victims. We never intended for them to get a long time in detention."

"We're not seeking major penalties," he said. "We're seeking change in conduct."

'We Just Want This to Be Over' Tracie Mashburn, Cory's mother, said they will not accept plea and plan to fight the charges.

The arrests, critics said, reflect a trend toward criminalizing adolescent sexual behavior. Between 1998 and 2002, juvenile arrests for sex offenses other than rape or prostitution rose 9 percent -- the only kind of juvenile arrests that rose during that time, according to the Bureau of Justice Statistics.

"More and more, they are criminalizing normal adolescent or preadolescent behavior," said Chuck Aron, co-chairman of the National Association of Criminal Defense Lawyers juvenile justice committee.

Even probation, the Mashburns and their attorney said, would be too severe a punishment.

Julie McFarlane, a supervising attorney at the Juvenile Rights Project in Portland, Ore., said, "Probation for a sex offense is very difficult thing, and there's a pretty high failure rate." Failing to meet the terms of probation could mean the boys would be sent to jail.

Depending on the terms of probation, it's likely that the boys would not be allowed to have sexual contact with anyone or any contact with younger children, McFarlane said. For Cory Mashburn, that would mean he couldn't be left alone with his younger siblings.

"It's been awful," said Cory's mother. "We just want this to all be over. But it will never go away. We'll always remember it."

Berry, the district attorney, said the victims -- the girls who were touched -- were being overlooked. "What's been lost in this whole thing are the victims, who have been pressured enormously by these boys' friends," he said.

Cory, who said he now realizes what he did was inappropriate, spends his days playing video games and basketball. He said he's scared. "I could go to jail. I could be registered as a sex offender," he said. "I think it's all crazy."

I saw this poll on AOL.
Now whenever u read a story like this I think the world has lost its mind. Then I see the poll results and I am actually in the majority in the way I feel.
Want to see what the results will be in the DZ.com crowd.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Nightingale 0]

I am so sick of shit like this landing people on the sex offender registry. There are people on that list for streaking across a college campus as a frat prank. The list should be reserved for people who actually commit a sexually based crime such as rape, molestation, etc, and are violent offenders who are likely to re-offend. Right now, the damn list is so big it's not doing anyone any good. The list was meant to allow law enforcement to track people who are dangerous, not children smacking other children, and frat boys streaking.

[Zipp0 1]

More proof to my contention that our legal system sucks ass and the average prosecutor is a fucking idiot.

I guess every sports coach is history needs to go to jail and register as a sex offender?

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Chuck Norris doesn't do push-ups, he pushes the Earth down.

[freethefly 6]

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I am so sick of shit like this landing people on the sex offender registry. There are people on that list for streaking across a college campus as a frat prank. The list should be reserved for people who actually commit a sexually based crime such as rape, molestation, etc, and are violent offenders who are likely to re-offend. Right now, the damn list is so big it's not doing anyone any good. The list was meant to allow law enforcement to track people who are dangerous, not children smacking other children, and frat boys streaking.

Pretty much what I was going to say.
Back in 5th grade, I use to chase a girl name Stephanie around the playground just to kiss her. We were good friends and often played together. Her running and me chasing was just something we did. These days such innocent behavor has become a serious crimminal offense in some peoples minds deserving of prison.
Must really suck to be a child these days.

"...And once you're gone, you can't come back
When you're out of the blue and into the black."
Neil Young

[pop 0]

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I am so sick of shit like this landing people on the sex offender registry. There are people on that list for streaking across a college campus as a frat prank. The list should be reserved for people who actually commit a sexually based crime such as rape, molestation, etc, and are violent offenders who are likely to re-offend. Right now, the damn list is so big it's not doing anyone any good. The list was meant to allow law enforcement to track people who are dangerous, not children smacking other children, and frat boys streaking.

Pretty much what I was going to say.
Back in 5th grade, I use to chase a girl name Stephanie around the playground just to kiss her. We were good friends and often played together. Her running and me chasing was just something we did. These days such innocent behavor has become a serious crimminal offense in some peoples minds deserving of prison.
Must really suck to be a child these days.

It's only in this country. Kids are still free to do things like that in Europe

7 ounce wonders, music and dogs that are not into beer

[Shotgun 1]

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Do you think the boys should have been charged with a crime?

No. It sounds like they should have been punished by the school for inappropriate conduct, but it doesn't sound like it was anything more than that.

[Darius11 12]

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I am so sick of shit like this landing people on the sex offender registry. There are people on that list for streaking across a college campus as a frat prank. The list should be reserved for people who actually commit a sexually based crime such as rape, molestation, etc, and are violent offenders who are likely to re-offend. Right now, the damn list is so big it's not doing anyone any good. The list was meant to allow law enforcement to track people who are dangerous, not children smacking other children, and frat boys streaking.

Yea I agree and according to the poll in aol 85+% of the people agree with us.
So I always wonder how do we get such stupid laws. When us the majority think these laws are just plane useless.

This type of thinking not only happens with are criminal law system but in almost every aspect of our lives.
The crazy minority seems to have a much louder voice.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[popsjumper 2]

I'm telling you it must be something in the water. American society is going to hell in a handbasket and it gets worse every day.

Freakin' idiotic, paranoid establishment bozos.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[shermanator 3]

i just heard about this on the radio and was about to post the story myself.. too slow.

I'm outraged at this, it is rediculous, and an outright abuse of the system. hopefully the judge realizes that, and puts a stop to this. After all, for it to be sexual abuse, doesn't there have to be some sort of intent of sexual arousal or such? where the lawers in here.

CLICK HERE! new blog posted 9/21/08
CSA #720

[Armour666 0]

Think they should have to take a clase on sexual harasment. This is the time to teach why it's wrong and brake a cycle, They do have a point that maby some of the girls are afraid to come forward but this dosn't warrent punishing the hell out of a 13 year old and ruin a life creating a bitter man.

SO this one time at band camp.....

"Of all the things I've lost I miss my mind the most."