Cheerleader must compensate school that told her to clap 'rapist'

[Abcinthia]

A teenage girl who was dropped from her high school's cheerleading squad after refusing to chant the name of a basketball player who had sexually assaulted her must pay compensation of $45,000 (£27,300) after losing a legal challenge against the decision.

The United States Supreme Court on Monday declined to hear a review of the case brought by the woman, who is known only as HS. Lower courts had ruled that she was speaking for the school, rather than for herself, when serving on a cheerleading squad – meaning that she had no right to stay silent when coaches told her to applaud.

http://www.independent.co.uk/news/w...ool-that-told-her-to-clap-rapist-2278522.html

I'm utterly shocked by this. I think it's disgusting behaviour from the school.

 

[Panacea]

@_@ that situation is so fucked up, all around. Wow.

 

[Siphorous]

To any sane person, that is messed up.

However, from a legal perspective - it hinges on this argument from that article:

But two separate courts ruled against her, deciding that a cheerleader freely agrees to act as a "mouthpiece" for a institution and therefore surrenders her constitutional right to free speech.

*If* that is true - then there doesn't seem to be much that can be done.

 

[Panacea]

To any sane person, that is messed up.

However, from a legal perspective - it hinges on this argument from that article:



*If* that is true - then there doesn't seem to be much that can be done.

Ya, that's why I think the whole situation is messy...I mean, it is her job as a cheerleader to cheer on the entire team...if she just didn't like this kid, her resistance wouldn't fly. I guess I'm not sure why she would be a cheerleader knowing his is on the team in the first place, but I also don't like the thought she would have to stop doing something she loves...seems like a re-victimization.

 

[Niamh]

hhmmm, I read the full article and though I sympathise with the girl, I do see the cheerleading coaches point. You can't have a squad with one of the cheer leaders standing with her arms folded everytime this player takes a good shot. It would look ridiculous.

 

[Zorak]

You can't have a squad with one of the cheer leaders standing with her arms folded everytime this player takes a good shot. It would look ridiculous.

The idea of a team is you rally around your team mates.

 

[Tuffdisc]

I think it is insane that she has to pay him, not only that, it is sick

 

[Abcinthia]

hhmmm, I read the full article and though I sympathise with the girl, I do see the cheerleading coaches point. You can't have a squad with one of the cheer leaders standing with her arms folded everytime this player takes a good shot. It would look ridiculous.

But to me the school looks ridiculous having a player who pleaded guilty to assaulting the girl still on the team. Especially as a player younger people in the school probably look up to.

 

[NuckingFuts]

The problem is Texas. They take H.S. sports and Cheerleading way to damn serious. Instead of taking the girls feelings into consideration for not wanting to cheer someone who she acussed of raping her. If he did do it im sure he got off because he was a high school basketball star. JMO

 

[Niamh]

But to me the school looks ridiculous having a player who pleaded guilty to assaulting the girl still on the team. Especially as a player younger people in the school probably look up to.

Yes, well, that's true, definitely, though like I said I suppose the coach of the cheerleading squad was stuck between a rock and a hard place really :/ Also, he wasn't convicted of rape but "misdemeanour assault" what exactly does that mean? and i wonder why they didn't try him for rape?

 

[Panacea]

But to me the school looks ridiculous having a player who pleaded guilty to assaulting the girl still on the team. Especially as a player younger people in the school probably look up to.

This is really the core of the problem, I think.

 

[Abcinthia]

Yes, well, that's true, definitely, though like I said I suppose the coach of the cheerleading squad was stuck between a rock and a hard place really :/ Also, he wasn't convicted of rape but "misdemeanour assault" what exactly does that mean? and i wonder why they didn't try him for rape?

I'm not sure. I don't know how the American system works. Maybe there wasn't enough evidence?

I know in the UK, only a small percentage of rape charges go to court and sometimes it's due to lack of evidence

Only 15% of serious sexual offences against people 16 and over are reported to the police and of the rape offences that are reported, fewer than 6% result in an offender being convicted of this offence. This means that those who commit these very serious crimes may continue to pose a risk to the public.

Source: http://www.rapecrisis.org.uk/mythsampfacts2.php

 

[Niamh]

I think it is insane that she has to pay him, not only that, it is sick

Was it him she had to pay the money to?

 

[Abcinthia]

Was it him she had to pay the money to?

I assumed she was paying for the school's legal costs? That's normally what happens, the losing party pays the winners costs?

 

[Niamh]

I'm not sure. I don't know how the American system works. Maybe there wasn't enough evidence?

I know in the UK, only a small percentage of rape charges go to court and sometimes it's due to lack of evidence



Source: http://www.rapecrisis.org.uk/mythsampfacts2.php

It says he pleaded guilty to "misdemeanour assault"though so he admitted something, I wonder what he said happened then?

 

[Niamh]

I assumed she was paying for the school's legal costs? That's normally what happens, the losing party pays the winners costs?

That's what I would have thought too only Tuffdisc said it was to him, I doubt that though

 

[Panacea]

Just as a side note, I wish rape was taken more seriously...how can you rape someone and be on a basketball team a year later?? It's infuriating, these people should have to pay much more than that. Give them due process, a fair trial, do not assume things, but I cannot stand how lightly it appears rape is taken...just the fact that a human being would be in a situation to have to cheer for their rapist is mind boggling, as a concept.

 

[Abcinthia]

It says he pleaded guilty to "misdemeanour assault"though so he admitted something, I wonder what he said happened then?

I really don't know I'm not sure what "misdemeanour assault" is. I thought misdemeanours were 'lesser' crimes (I'm basing this off of American Crime Shows), so it's some kind of lesser assault?

I suppose we'll have to wait until later today when there are more Americans around who can answer it, especially the ones who study law or work in the law.

 

[Niamh]

I really don't know I'm not sure what "misdemeanour assault" is. I thought misdemeanours were 'lesser' crimes (I'm basing this off of American Crime Shows), so it's some kind of lesser assault?

I suppose we'll have to wait until later today when there are more Americans around who can answer it, especially the ones who study law or work in the law.

yeah, I suppose so, and I'm not trying to belittle her at all but there is always 3 sides to every story as well.

 

[Mystic]

wow that is just....sick. what a fucked up system that is. That poor girl.