A report prepared by Indiana Department of Child Services states that criminal deviant conduct is an appropriate charge for the alleged perpetrators in the Carmel High School hazing
The report goes into much more detail than the numerous, heavily redacted documents released earlier while the story was initially unfolding. The report identifies the four expelled students who are now charged with misdemeanor assault and criminal recklessness charges (Brandon Hoge, Robert Kitzinger, Oscar Falodun, Scott Laskowski). In November 2009, they started flashing their genitals to the victim. And since this wasn't enough, they started touching the victim's own genitals. Eventually, they started taking him into the shower in the locker rooms and forced their fingers up his anus while the victim's shorts were still on. The alleged perpetrators threatened to "beat his ass" if the victim told anyone. The victim says he'd shout for help from the lockers, and claims it happened before practice.
The incident on the bus is also more detailed than in previous accounts. The victim says he was trying to sleep, but heard three of his teammates (minus Falodun) calling his name. The victim went to the back of the bus where they were all sitting, and there was an awkward silence. Then, Laskowski grabbed the victim's legs, they all pulled off his sweat pants, and Hoge anally penetrated him. Kitzinger is claimed to have sat on top of the victim to muffle his cry for help, which apparently worked because no one came.
The most stunning part of the report is a quote from one of the witnesses, claiming it was "almost a daily thing" for Falodun, Laskowski, and Kitzinger to harass the victim.
Oscar Falodun was the only one of the four who agreed to be interviewed by DCS. His attorney and mother were also present. Falodun's interview isn't just coming at these scenes from a different perspective. Falodun claims "no one picked on him" and that the victim had a good time in the locker room. He claims any harassment was "just pushing and stuff" and not sexual in nature, and claims he has never mooned or "gooched" anyone, despite being presented with a witness statement saying he has.
The report goes on to list the relevant sections of Indiana law that define criminal deviant conduct.
One of the attorneys for the accused is complaining about Robert Turner, the lawyer for the victim, and the victim's parents for releasing this information, and might be seeking a gag order on Turner. But what I found more interesting was that Turner is thinking about getting the federal government involved, particularly the Justice Department and their civil rights division.
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than a defendant; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
Gary Welsh also has an excellent post written up at Advance Indiana.