First-degree rape by instrumentation charges were dismissed against three Sperry High School students Wednesday.
In a brief hearing in Tulsa County District Court, Judge April Seibert ruled that three youths who in October allegedly assaulted a fourth teenager with a hairbrush through his clothing on campus were improperly charged as adults.
Seibert said a state statute (§10A-2-5-206) points to a “very clear” difference between the severity of rape when it comes to young offenders and the method of assault.
The statute reads that “any person 15, 16, or 17 years of age who is charged with rape by instrumentation or attempt thereof shall be held accountable for such acts as a youthful offender” or else be certified in a different age category.
Attorneys for the three students said it was outrageous that their clients ever had to answer to such severe allegations.
“Today the court did what the state should have done months ago, which is recognize that it’s illegal to charge these boys as adults. It is illegal. What they have been through is crazy,” said private attorney Andrea Brown.
Brown characterized law enforcement's investigation as "lazy" and District Attorney Steve Kunzweiler's charges as "overeager."
Attorney M.J. Denman said the case has been trumped up by “state officials” seeking to “gain some tread for their future aspirations.” Denman didn’t name Ryan Walters, but Oklahoma’s controversial superintendent has been outspoken about the case. On Jan. 28, Walters suspended the teaching certificates of three school officials he claims didn’t properly report the abuse.
The educator suspensions sparked a protest at Sperry High School, where students called discipline against staff “so wrong.” A hearing on the teachers’ licenses is set for next month.
The district attorney’s office said in a statement that it will continue to fight on behalf of the young victim.
“The alleged facts of this case clearly demonstrate the State of Oklahoma’s position that rape in the first degree is rape in the first degree whether it is by the use of a penis or by the use of an object. The Oklahoma legislature has long made that point clear. While we are disappointed with today’s ruling, we stand by the filing decision in this case. Our office intends to appeal this ruling to the Oklahoma Court of Criminal Appeals. We will continue to seek every avenue of justice for the victim in this case.”
