Attorney Uses “Boys Will Be Boys” Defense in Alleged Sexual Assault

[ccharles000]

Last week, a freshman at the University of Maryland allegedly gained access to a dorm that was not his own, entered a female student’s room and woke her up by trying to kiss her. He also twice tried to put his hands down her shorts. When the victim screamed, he allegedly ran across the hallway to another room, and grabbed another female student by the head and tried to kiss her. Then, according to the official report, he did something similar to two other students in two other dorm rooms.

So, Seth Rudnitsky allegedly entered several dorm rooms illegally and then attempted to sexually assault their residents. Apparently Rudnitsky has even confessed to entering the dorm rooms and touching the women, though he does not say that he attempted to kiss the women or put his hands inside their clothing. In any case, what he has confessed to alone is already a serious crime — which is why he has been charged with first-degree burglary.

But Rudnitsky’s defense attorney Mark Schamel frames the allegations differently:

Mark Schamel, Rudnitsky’s attorney, said Rudnitsky was intoxicated and made a “typical freshman” mistake. Schamel declined to comment on the specific allegations from the female students who said Rudnitsky tried to initiate unwanted sexual conduct.

“This is not a sexual assault case. You have a really good kid who has never been in trouble his entire life,” Schamel said. “It’s your typical freshman ‘I went out and had too much to drink and was being silly’ kind of case.”

You know, the last time I checked, breaking and entering and then sexually touching sleeping people without their consent is not actually a “typical freshman mistake.” And trying to put your hands inside a sleeping woman’s clothing is not “being silly” — it’s assault. How exactly did you spend your college years, Mr. Schamel?

http://thecurvature.com/2009/10/16/attorney-uses-boys-will-be-boys-defense-in-alleged-sexual-assault/

[donco6]

1. And yet, streakers face the possibility of being labeled sex offenders.

Hmmmm . . .

[UndertheOcean]

2. Look him up for 10 years , that would cure him

[msongs]

3. nah, the attorney should only be locked up for 5 years in this case :-) nt

[Deja Q]

4. "boys will be boys" is absolute bullshit. Maybe the boy was taught how to have sex, but wasn't

taught on how to be a gentleman...

Anyone trying to deny that little freak just due punishment should be put into exile. (Assuming the freak is properly identified, blah blah blah and the rest of it, let's presume he is because this is hypothetical and conceptual, and not an official court)

It's time to reinstate discipline. Enough is goddamn enough. This isn't freshman tomfoolery. Not in the damn slightest. (you bet I'm livid.)

[Warpy]

5. That "good kid" needs more than a slap on the wrist

and a complete evaluation by a competent psychiatrist.

"Good kids" don't play grabass with women they've never met.

This probably isn't the first time he's done something like that. Do they really want to wait until he starts raping to intervene?

I understand a defense attorney trying to get the best deal possible for his client. However, this is ridiculous, and the best deal for this kid should include some sort of evaluation and treatment so he doesn't do it again--or worse.

[PeaceNikki]

6. Sexual assault is not "normal" and if it's part of our "culture", that shit needs to change.

:shudder:

[seabeyond]

7. just think with little head, not big, couldn't help it, dna, biology..... that is condoned and

excused, validated, justified and reinforced here on progressive du.... why wouldn't this kid not know the line drawn and he has a responsibility. not like our boys are being taught today.

worn as a badge of honor of what a man is. and being taught to our boys. girls of course, have little or no say in the matter. after all.... it is about the male, not the female.

[noamnety]

8. If I ruled the world

that attorney would be disbarred for arguing that criminal law shouldn't apply to his client because of male privilege.

Can you imagine if he was arguing that a white person shouldn't be held responsible for armed robbery - because when "good" white people do it, it's just fun and games?

[Ichingcarpenter]

9. "I'm just a simple unfrozen caveman lawyer" You're ways confuse me

Mark Schamel caveman lawyer

[Buzz Clik]

10. Most boys don't act like that. He's lucky he didn't run into my daughter.

He'd been eating through a straw and blinking his eyes to communicate.

This asswipe needs to do some time.

[ProgressiveProfessor]

11. I was thinking much the same thing...an immediate smackdown would have addressed the issue nicely

[burning rain]

12. Shoulda tried the "-sky" defense.

Shoulda bawled, "People with names ending in '-sky' have always been oppressed and slandered as thieves and rapists and murderers in this country, and this is just another sad example." Ya can't win the victimhood Olympics if ya don't compete, bonehead!

[niyad]

13. I am surprised that this cretin didn't blame the women--that will probably come later.