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St. Paul's rape trial came down to "he said/she said" ...

St. Paul's rape trial came down to "he said/she said" ...
Jury returns five guilty and four not guilty findings

By Mary Ann Mueller
VOL Special Correspondent
www.virtueonline.org
August 29, 2015

CONCORD, NEW HAMPSHIRE -- The rape trial of Owen Labrie is over. The St. Paul's School senior who was partially acquitted by a Merrimack County Superior Court jury Friday (Aug. 28) morning of a mixed bag of aggravated felonious assault, sexual assault, and child endangerment of a 15-year-old freshman, He was found not guilty of the three most serious felony rape charges as well as a simple assault indictment. The 2014 graduate was found guilty of three misdemeanor sexual assault charges, a misdemeanor charge of endangering the welfare of a child, and a felony charge of using his computer to solicit the girl.

The nine-man, three-woman jury took less than two days to deliver its split verdict in the quick 10-day trial. Labrie, is to be sentenced on Oct. 29, pending a pre-sentencing review by the New Hampshire Department of Corrections. He was released on a $15,000 bond while awaiting that sentencing. Superior Court Judge Larry Smukler ordered the convicted teen to comply with a nightly 5 p.m. to 8 a.m. curfew. The prosecutor asked that his passport be surrendered.

When Labrie is sentenced in October he could face up to 11 years in prison on the five guilty convictions although New Hampshire does not impose a minimum sentence for the charges against the 19-year-old. Although he might not see one day behind bars, he will have to register as a sex offender. The S-O tag could dog Labrie for life if it is not expunged in 15 years when he can appeal for its release.

Labrie could face 3 1/2 to 7 years in prison on the felony computer convict. Another year could be added to his sentence for each misdemeanor conviction. In total the young man could face 11 years behind bars.

In open court, it took a little more than seven minutes for the jury's mixed verdict to be announced. Initially a stoic Labrie stood straight and tall with his defense team led by hard-hitting Boston criminal attorney Jay Carney. As a court official read off each indictment, asked the jury forewoman what the jury's verdict was, and then polled each juror to confirm their finding, the teen's statuesque stature started to crack then crumble.

Indictments and Informations

973-494-C: Prohibited use of computer equipment. (Class B Felony) -- Accusing the defendant knowingly used an online service or Internet service, including using St. Paul's School E-mail and Facebook, to induce, solicit, lure or entice a child under 16 in order to commit a sexual offense against her. Labrie closed his eyes, sucked in a deep breath, dropped his head and shook slightly as the guilty verdict was announced.

973-495-C: Aggravated felonious assault. (Special Felony) -- Accusing the defendant of knowingly engaging in sexual penetration with a female juvenile by placing his penis into her genital opening, utilizing the element of surprise to cause the penetration before the female juvenile had a chance to flee or resist. Labrie fluttered his eyes and wet his lips as the not guilty verdict was announced.

973-496-C: Aggravated felonious assault (Special Felony) -- Accusing the defendant of knowingly engaging in sexual penetration with a female juvenile by performing cunnilingus (oral sex) when at the time the juvenile indicated by speech or action that she did not freely consent to the performance of the sexual act. Labrie took a deep breath and swallowed hard when the not guilty verdict was announced.

973-497-C: Aggravated felonious assault. (Special Felony) -- Accusing the defendant of knowingly engaging in sexual penetration with a female juvenile by placing his penis into her genital opening, when at the time the juvenile indicated by speech or action that she did not freely consent to the performance of the sexual act. Labrie quickly dropped his head when the not guilty verdict was announced.

973-498-C: Sexual Assault (Class A Misdemeanor) -- Accusing the defendant of sexual assault by knowingly engaging in sexual penetration with a female juvenile, between 13-16, who is not his wife, by placing his penis into her genital opening, when the age difference was less than five years, and at the time the juvenile indicated by speech or action she did not freely consent to the performance of the sexual act. Labrie flinched and buried his shaking head in his hands as he doubled over in tears when he heard the guilty verdict.

973-499-C: Sexual Assault (Class A Misdemeanor) -- Accusing the defendant of sexual assault by knowingly engaging in sexual penetration with a female juvenile, between 13-16, who is not his wife, by performing cunnilingus (oral sex) when the age difference was less than five years, and at the time the juvenile indicated by speech or action she did not freely consent to the performance of the sexual act. Labrie put his left hand over his open mouth when he heard the guilty verdict.

973-500-C: Sexual Assault (Class A Misdemeanor) -- Accusing the defendant of sexual assault by knowingly engaging in sexual penetration with a female juvenile, between 13-16, who is not his wife, by inserting his penis into her genital opening, when the age difference was less than five years, and at the time the juvenile indicated by speech or action she did not freely consent to the performance of the sexual act. Labrie shook his head during the reading and dropped it when he heard the guilty verdict.

973-501-C: Endangering the Welfare of a Child (Class A Misdemeanor) -- Accusing the defendant of endangering the welfare of a child by inducing female juvenile under 18 to engage in sexual contact that endangered her health or safety. Labrie, shocked, quickly looked up and rubbed his nose.

A second similar indictment, 973-503 on Endangering the Welfare of a Child (Class A Misdemeanor) centering around his role as a "prefect" in his dorm, did not see the light of day in court. Prosecutors could not prove that Labrie functioned in a supervisory capacity over the freshman sexual assault victim so it was thrown out.

973-502-C: Simple Assault (Class A Misdemeanor) -- Accusing the defendant of simple assault by knowingly causing unprivileged physical contact to a female juvenile by biting her chest. Labrie, stone faced, shifted his weight and looked down as the not guilty verdict was read.

Following the reading of the jury's finding, Labrie turned to his attorney and shook his head while covering his mouth with both hands as the reality of the jury's verdict set in.

His attorney plans to appeal Labrie's felony computer conviction.

New Hampshire rape law

Labrie was never charged with straight statutory rape in the May 30, 2014 Senior Salute incident at St. Paul's School, an elite Episcopal school in Concord, NH. On Aug. 14, 2014 Labrie was indicted by a grand jury on three counts of aggravated felonious assault, three counts of sexual assault, one count of simple assault, and two counts of endangering the welfare of a child, and one count of prohibited use of computer equipment.

Statutory rape is defined legally as engaging in sexual activity with a minor person who has not yet reached the age of consent. In the Granite State the age of consent is on a sliding scale.

In New Hampshire all sexual activity under the age 13 is illegal. But it is not illegal for unmarried minors 13-16 to engage in consensual non-penetrative sexual contact (necking and petting) with other teens also between the ages of 13 and 16. It comes under the "Romeo and Juliet" exception as a part of the natural courtship ritual.

With parental consent, New Hampshire allows girls to marry at 13 and boys to marry at 14. Once over the age of 18 no parental consent is necessary for marriage.

The so called "Romeo and Juliet" clause allows an exception from statutory rape charges if the two parties are close in age -- four years and under, even if the older person is not a minor -- statutory rape is not on the table. Labrie, a senior, was born Oct. 11, 1995 and his alleged victim, a freshman, was born three years, one week, and six days later on Oct. 24, 1998. At the time he was 18 and she was 15. He was outside the 13-16 window, but still fewer than five years older than she.

However the "Romeo and Juliet" law impacts penetrative consensual sex (intercourse ... fondling ... oral sex) between individuals from ages 13 and 16 but who are within four years of age. The older person is merely guilty of misdemeanor sexual assault unless the age difference is more than five years, then it is felony sexual assault.

Labrie was found guilty of misdemeanor sexual assault rather than the more serious aggravated felonious assault -- a felony.

He said... She said...

As with many rape trials, the believability of the testimony boiled down to he said... she said.

He said: "There's a difference between making love and messing around."

She said: "I felt violated."

He said: " "My main concern was I wanted to make sure she wasn't worried, that she wasn't stressed out about something."

She said: "I didn't know how to deal with it. I'd never been in a situation like this. I'd never been touched in that way."

He said: "I thought, maybe we shouldn't do this. It wouldn't have been the right choice for me. "

She said: "Other than me saying no to the first part, I don't think he would have known for a fact that I would not want to do that."

He said: "But I didn't have sex with her."

She said: "I'll probably let him finger me, and, like, at most, I'll blow him."

He said: "That was fun."

She said: "I felt gross."

He said: "I just wanted to look good, and I wanted everyone to think it had gone great."

She said: "I didn't want to have that reputation."

Post trial statements

"Owen's future is forever changed," Carney told reporters following the jury's verdict. "A conviction like this will be like a brand, a tattoo. It will be impossible to erase. Owen is devastated."

Labrie had been accepted into Harvard's Class of '18. Following his 2014 arrest, he lost his place Harvard. He had also hoped to attend divinity school. Those lofty plans are permanently changed.

The defense attorney said he plans to appeal the felony computer conviction, noting that computer statute had been set up to catch aggravated rapists, not high school teenagers engaged in consensual sex.

"It's overreaching," the attorney said. "I expect we will address it in a motion to be filed within the next 30 days."

The victim's family statement: "Today, a measure of justice has been served for victims of sexual violence. While he was not convicted on all charges, Owen Labrie was held accountable in some way by a jury of his peers for crimes he committed against our daughter. This conviction requires him to take ownership for his actions and gives him the opportunity to reflect upon the harm he has caused. While we stood together as a family through this process, it was our young daughter who took the stand to speak the truth and request justice. We admire her bravery in coming forward and speaking out in the face of great adversity. It is truly her courage that has made this measure of justice possible today."

St. Paul's School statement: "We must first commend the remarkable moral courage and strength demonstrated by the young woman who has suffered through this nightmare. Her resolve and unwavering commitment to the truth have been inspiring to us and to many outside our School community. We can only hope that time will bring some measure of healing and comfort to both her and her family. The entire St. Paul's School community has been deeply affected by this incident. It is our responsibility to ensure that our students live and learn together in a community that is built on respect, caring, and support for one another."

Virtue Online attempted to contact the Episcopal Diocese of New Hampshire by E-mail and telephone for its statement. The Diocese has not responded to VOL's request.

Mary Ann Mueller is a journalist living in Texas. She is a regular contributor to VirtueOnline

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