CONCORD, N.H. (AP) —A graduate of an exclusive New England prep school was cleared of felony rape but convicted of lesser sex offenses Friday against a 15-year-old freshman girl in a case that exposed a campus tradition in which seniors competed to see how many younger students they could have sex with.
A jury of nine men and three women took eight hours to reach its verdict in the case against 19-year-old Owen Labrie, of Tunbridge, Vermont, who was accused of forcing himself on the girl in a dark and noisy mechanical room at St. Paul's School in Concord two days before he graduated in 2014.
He wept upon hearing the verdict, and his mother sobbed into a tissue. His accuser appeared stoic and huddled with members of her family in the courtroom.
Labrie, who was bound for Harvard and planned to take divinity classes before his arrest put everything on hold, faces a potential sentence of as much as 11 years in prison. He will also have to register as a sex offender.
The young man was acquitted of the most serious charges against him — three counts of felony rape, each punishable by 10 to 20 years in prison. But he was found guilty of three counts of misdemeanor sexual assault, using a computer to lure a minor for sex, and child endangerment.
Essentially, the jury cleared Labrie of forcible rape but found him guilty of statutory rape because the girl was just 15 at the time and could not legally consent to intercourse.
"Today, a measure of justice has been served for victims of sexual violence," the girl's family said in a statement. The family said the conviction forces Labrie to "take ownership for his actions and gives him the opportunity to reflect upon the harm he has caused."
But the family added: "We still feel betrayed that St. Paul's School allowed and fostered a toxic culture that left our daughter and other students at risk to sexual violence. We trusted the school to protect her and it failed us."
The scandal cast a harsh light on the 159-year-old boarding school that has long been a training ground for politicians, Nobel laureates, corporate executives and other members of the country's elite.
Prosecutors said the rape was part of Senior Salute, which Labrie described to detectives as a competition in which graduating eniors tried to have sex with underclassmen and kept score on a wall behind a set of washing machines.
Labrie, an aspiring minister, testified that he and the girl made out, but he said he stopped short of intercourse because he suddenly decided "it wouldn't have been a good choice for me." A detective quoted him as saying he had a moment of "divine inspiration" as he was about to put on a condom.
In his testimony, Labrie acknowledged bragging to friends that he had intercourse with the girl, but he said that was a lie told to impress them. He also admitted deleting 119 Facebook messages, including one in which he boasted that he "pulled every trick in the book" to have sex with her.
In graphic and sometimes tearful testimony, the girl, now 16, said she willingly went with Labrie to the rooftop of an academic building after he invited her to take part in Senior Salute, a tradition she said she knew about. But she said she was prepared for kissing at most.
She said Labrie soon become aggressive and she told him, "No, no, no" as he moved his face toward her crotch. She said he eventually penetrated her, and she felt "frozen" — incapable of moving or reacting.
"I tried to block out the feeling as much as I could," she said. "I didn't want to believe this was happening to me."
Under cross-examination, she said she helped Labrie remove her shirt and pants. When questioned about breezy email and Facebook exchanges that she had with Labrie in the hours afterward, she explained that she kept the conversation light because she was trying to find out whether he had worn a condom.
Traces of sperm were found on the girl's underwear but could not be conclusively linked to Labrie.
Alumni of St. Paul's include Secretary of State John Kerry, who graduated in 1962 alongside former FBI Director Robert Mueller. "Doonesbury" creator Garry Trudeau also attended the school, as did at least 13 U.S. ambassadors, three Pulitzer Prize winners, actor Judd Nelson and sons of the Astor and Kennedy families. Students pay $53,810 a year in tuition, room and board.
After Labrie's arrest, school officials said they would expel anyone participating "in any game, 'tradition,' or practice of sexual solicitation or sexual conquest under any name" and throw out those possessing keys or access cards they aren't entitled to. Labrie was said to have used a key that was shared among seniors to get to restricted areas.
The school, which first admitted girls in 1971 and has about 530 students, also brought in experts to discuss topics including substance abuse, harassment and building healthy relationships.
Labrie was captain of the soccer team and said he attended the school on full scholarship. Defense attorney J.W. Carney told the jury that St. Paul's treated Labrie "shabbily" by taking away an award he received for character and devotion to the school and not adding his name to the wall of all graduates.
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LawyerLady
I can explain it to you, but I can't understand it for you.
And I mean, really, these are supposed to be smart kids, do they really think it's ok for 18 year old senior boys to be going after freshmen girls? They have not been living in a cave - they should know what the hell statutory rape is.
Anyone this stupid deserves to go to jail. And WTF - aspiring DIVINITY student?
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LawyerLady
I can explain it to you, but I can't understand it for you.
And I mean, really, these are supposed to be smart kids, do they really think it's ok for 18 year old senior boys to be going after freshmen girls? They have not been living in a cave - they should know what the hell statutory rape is.
Anyone this stupid deserves to go to jail. And WTF - aspiring DIVINITY student?
This could be something that no one makes a point of teaching in a Boarding School.
It should be taught repeatedly, starting with initial orientation, and repeated at least twice a year.
Those kids aren't living with parents who would (or should) be teaching them.
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The Principle of Least Interest: He who cares least about a relationship, controls it.
I agree with the verdict. He didn't get the 20+ year felony but he didn't get off completely free.
The Freshman girls should also know what they are getting themselves into. She wasn't completely naïve on this either. I think the verdict was fair to both parties.
I agree with the verdict. He didn't get the 20+ year felony but he didn't get off completely free.
The Freshman girls should also know what they are getting themselves into. She wasn't completely naïve on this either. I think the verdict was fair to both parties.
Me, too.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I think it was too harsh. In many states, it would have fallen under Romeo and Juliet laws if they were within 3 years of age of each other. New Hampshire also has that--but they can still try it as a misdemeanor (which is why it was not a felony once they found it was not forcible).
11 years for a misdemeanor is a lot.
New Hampshire law:
Many states have enacted “Romeo and Juliet” exceptions to statutory rape laws. Named for Shakespeare’s characters, these exceptions protect young people from criminal charges as a result of consensual sexual activity with other teens. In New Hampshire, it is not a crime to engage in consensual sexual conduct short of penetration with a person over the age of 13 unless the defendant is at least five years older, and consensual penetration with a person over the age of 13 by a person within four years in age is a misdemeanor and the defendant is not required to register as a sex offender.
For example, a 17-year-old who engages in consensual fondling with a 14-year-old has not committed a crime in New Hampshire. Engaging in consensual sex with a 15-year-old is a felony if the defendant is 27 years old, but only a misdemeanor if the defendant is 18 years old.
(N. H. Rev. Stat. Ann. § 632-A:4.)
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
I agree with huskerbb. All known factors of the case considered, I think he, at the time, fell well within the bounds of the state's Romeo & Juliet exceptions to statutory rape.
I do feel he was stupid for doing what he did, as was she. I also believe that either he doesn't understand what Divinity is all about, or, more likely he was going to be hypocritical in applying it to himself.
I think it was too harsh. In many states, it would have fallen under Romeo and Juliet laws if they were within 3 years of age of each other. New Hampshire also has that--but they can still try it as a misdemeanor (which is why it was not a felony once they found it was not forcible).
11 years for a misdemeanor is a lot.
New Hampshire law:
Many states have enacted “Romeo and Juliet” exceptions to statutory rape laws. Named for Shakespeare’s characters, these exceptions protect young people from criminal charges as a result of consensual sexual activity with other teens. In New Hampshire, it is not a crime to engage in consensual sexual conduct short of penetration with a person over the age of 13 unless the defendant is at least five years older, and consensual penetration with a person over the age of 13 by a person within four years in age is a misdemeanor and the defendant is not required to register as a sex offender.
For example, a 17-year-old who engages in consensual fondling with a 14-year-old has not committed a crime in New Hampshire. Engaging in consensual sex with a 15-year-old is a felony if the defendant is 27 years old, but only a misdemeanor if the defendant is 18 years old.
(N. H. Rev. Stat. Ann. § 632-A:4.)
Well, that's not the case here.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I think it was too harsh. In many states, it would have fallen under Romeo and Juliet laws if they were within 3 years of age of each other. New Hampshire also has that--but they can still try it as a misdemeanor (which is why it was not a felony once they found it was not forcible).
11 years for a misdemeanor is a lot.
New Hampshire law:
Many states have enacted “Romeo and Juliet” exceptions to statutory rape laws. Named for Shakespeare’s characters, these exceptions protect young people from criminal charges as a result of consensual sexual activity with other teens. In New Hampshire, it is not a crime to engage in consensual sexual conduct short of penetration with a person over the age of 13 unless the defendant is at least five years older, and consensual penetration with a person over the age of 13 by a person within four years in age is a misdemeanor and the defendant is not required to register as a sex offender.
For example, a 17-year-old who engages in consensual fondling with a 14-year-old has not committed a crime in New Hampshire. Engaging in consensual sex with a 15-year-old is a felony if the defendant is 27 years old, but only a misdemeanor if the defendant is 18 years old.
(N. H. Rev. Stat. Ann. § 632-A:4.)
Well, that's not the case here.
I realize that, but that doesn't mean I can't disagree with how it was applied here. While I don't condone his actions, I think this was a witch hunt by her parents.
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
"Under cross-examination, she said she helped Labrie remove her shirt and pants."
I would consider this an overt act showing that she was participating and consenting...
but she could still have told him to stop and (IF she told him to stop) he SHOULD HAVE stopped.
She said she was "frozen", but frozen with fear? Or frozen with excitement? There's a world of difference.
If she was frozen with excitement, I don't think she would have told him to stop.
She was consenting. That's why he wasn't found guilty of forcible rape. he broke the law--my issue is that 11 years in prison is way too harsh given the facts here.
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
And I mean, really, these are supposed to be smart kids, do they really think it's ok for 18 year old senior boys to be going after freshmen girls? They have not been living in a cave - they should know what the hell statutory rape is.
Anyone this stupid deserves to go to jail. And WTF - aspiring DIVINITY student?
This could be something that no one makes a point of teaching in a Boarding School.
It should be taught repeatedly, starting with initial orientation, and repeated at least twice a year.
Those kids aren't living with parents who would (or should) be teaching them.
Ours does. It is reviewed in small groups during move in weekend and also again in their equivalent of home room. The teachers and staff are also reminded that if they become aware of any "relationship" between an 18 year old and a minor that they are mandated reporters and must call the authorities. Failure to do so can result in termination of employment if it is proven that the faculty knew.
Sex amongst consenting minors though is generally ignored.
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Out of all the lies I have told, "just kidding" is my favorite !