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Boy, 16, sentenced in rape of girl, 12
The third of three friends convicted gets two years in juvenile detention and must register as a sex offender.
Tuesday, February 13, 2007
DAYTON — A 16-year-old Oakwood boy, the third of three friends convicted in the raping of a 12-year-old girl, was sentenced Monday to at least two years in juvenile detention.
Judge Anthony Capizzi of Montgomery County Juvenile Court also ordered the boy, who will turn 17 next month, to undergo sex offender treatment, and designated him a juvenile offender registrant, requiring annual notification for 10 years.
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"This is not a case that justifies probation," Capizzi said. "This young man took advantage of a friendship."
The boy did express remorse, and apologized to the victim, now 13.
"I'm just really sorry," the boy said. "I know what I did was wrong."
Though the boy's eyes teared up at times, Capizzi told him he did not believe he was remorseful and that pre-sentencing reports showed the boy still blamed the victim for what happened.
The boy was convicted of four delinquency counts of rape following a Dec. 15, 2006, trial.
He is one of three boys accused of raping the girl during repeated incidents last summer.
A fourth boy, who turns 18 in April, is from Kettering and was charged in a single incident that did not involve the other boys. That boy admitted responsibility in December to the lesser offense of delinquency by reason of gross sexual imposition. His adjudication hearing is set for Wednesday.
None of the boys was charged with the portion of the rape statute that deals with forcible encounters. However, the statute also says a child younger than 13 cannot legally consent to sex. The girl was 12 at the times of the encounters.
One of the defendants, a 14-year-old Dayton boy who had been the victim's boyfriend, is accused of convincing the girl to engage in sexual acts with himself and his friends.
That boy, now 15, also admitted to a single delinquency count of rape. On Jan. 4, Capizzi sentenced him to three years in a juvenile facility and designated him a sexual predator, requiring him to notify law enforcement every 90 days for life.
The third boy, who will turn 16 next month and is also from Oakwood, was placed on probation Jan. 24 and ordered to undergo sexual offender treatment.
