General Discussion
In reply to the discussion: 5 years probation for a Gang Rape---Man this is fucked up! [View all]Yo_Mama
(8,303 posts)This one wasn't. I think the judge would have had to approve the transfer or perhaps indictment. Both perhaps unlikely if he stopped. For some serious crimes it is non-discretionary, but I think the 15 year old (now 16) was destined to stay in juvenile court.
For the others, I am not sure why. They all seem to have been older.
It may be due to weakness in evidence/testimony. It seems like the prosecutor is trying to get them to plead guilty by using the threat of direct file against two of the older ones, and charging the two he thinks he can really convict as as adults.
This may have started as a consensual encounter between the girl and her friend, with the the friend having told the other boys to show up, and then proceeded to get wild. But it may be one of those things that is difficult in front of jury, especially with young defendants, and potentially very traumatic to the victim.
Just the fact that this one stopped when she told him "No" raises a doubt as to what he thought it was. You have to prove intent - intent to rape, to assault.