Police: Country Day hazing not a felony
Kelly Cramer
912.652.0360
[email protected]The Country Day High School senior cheerleaders who taught nine unwilling, blindfolded freshmen how to perform oral sex did not commit a felony, according to police and state laws.
The incident was not legally a sexual assault because the five older girls likely derived no sexual gratification nor did they intend for the freshmen to be gratified from sucking on condom-covered bananas, smearing white mashed banana on the younger girls' mouths while they were on their knees or rubbing the fruit on the younger girls' bodies.
Had the girls intended their actions to be sexual, it would have been a felony.
But, neither they, nor the boys they invited to watch, exposed their genitals or touched those of the freshmen, although the girls were told they were feeling penises.
At least one boy moaned just before the older teens rubbed the banana into the girls' faces.
"It is boorish behavior," said former U.S. Attorney Donnie Dixon. "Just disgusting. "But I'm having trouble bringing it into focus on any criminal statute."
The unwelcome touching is at most misdemeanor simple battery, he said.
Georgia's sexual assault laws require a showing of sexual gratification or some sort of sexual intent on the part of the assailant.
Without consulting the district attorney's office, the Savannah-Chatham Metropolitan Police Department concluded its investigation into the Aug. 4 incident, which took place on the dock down the street from one of the senior girls' homes. Her parents were inside the house, according the detailed, four-page report. One of the names of the seniors was released but none of the names of the victims, nor any parents were released.
No charges will be filed, police spokesman Bucky Burnsed said. None of the nine victims' parents wanted to pursue criminal action. Officers gave the parents information on how to press charges if they change their minds. If they do, Chief Assistant District Attorney David Lock said the case would be reopened.
In the report, Sex Crimes Investigator Sgt. Harry Trawick said: "I respectfully request that the police department defer to the wishes of the nine sets of parents who do not wish to prosecute and close this case by services."
The report quotes Country Day Headmaster Thomas Bonnell saying the victims' parents plan to pursue a civil lawsuit.
Police also cleared Bonnell of any wrongdoing in failing to report the incident to police.
The school's attorney could not be reached for comment due to a family emergency.
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