commentary
High school wrestler charged as rapist
Published Thursday, 11-Jan-2007 in issue 994
Beyond the Briefs
by Robert DeKoven
An odd event occurred in November when a fraternity in Florida was raided by police during an initiation. Several of the pledges, who were blindfolded, alleged that they had been anally raped during the initiation. While the fraternity brothers denied they raped the pledges, police discovered some mangled hot dogs.
You can expect Miami CSI to be examining those hot dogs for traces of evidence consistent with anal contact. Yes, so much for glamour in police work.
But the most unusual case is occurring now in South Dakota, concerning high school state champion wrestler Jerome Hunt, 17. He was charged in December as an adult and pleaded not guilty to 21 counts of rape and attempted rape against six teammates. A judge recently agreed to move the case to juvenile court, where it will probably be heard in February.
Details of the charges in the South Dakota case were released to the media prior to the transfer to juvenile court, where, of course, the media will be barred.
Court papers show Hunt’s teammates on the Parker High wrestling team allege digital penetration of the rectum through their clothing or attempted digital penetration through their clothing. The incidents occurred during the last two years.
The teammates testified before a grand jury, which is a body a prosecutor uses to determine whether probable cause exists to indict someone on charges.
At least six teammates testified that Hunt digitally penetrated them (through their clothing) while wrestling with them.
One said that he didn’t think it was a “sexual thing.” Rather, he thought Hunt was “just messing around.”
Hunt and his lawyer deny the charges. Hunt, rather, admits that he just “skinned” some of his teammates.
Hunt’s coach defends him. Coach Jay Swatek told reporters: “If the coach is yelling in the corner, ‘skin ’em, skin ’em,’ everybody knows what we want him to do…. It’s the butt drag.”
Swatek said the wrestler takes his wrist bone and hooks his opponent’s tail bone. “Most of the pressure’s coming from the shoulder and his shoulder down here, and he’s gonna pull with his hand. He’s just pulling him trying to get him flat.”
Coach Swatek was a state champion wrestler. He says he learned skinning as a kid and it’s perfectly legal in the rules of the sport of wrestling.
Swatek said: “There’s nothing in the rule book as far as how the move is performed. It’s just a simple breakdown that’s been developed over time…. We just hook our fist just so it gets the wrist bone exposed a little easier, then we can hook that tail bone. We’re not trying to grab anything or hook anything else.”
But the victims aren’t calling what occurred to them “skinning.” Rather, the move they allege Hunt performed is called “the shocker.”
According to their testimony before a grand jury, “the shocker” is akin to a prostate exam.
Oh, and despite what you may have viewed in wrestling-themed gay porn films, the “shocker” is not a lawful wrestling technique.
If it was, wrestling equipment would include singlet, jock strap and butt plug.
They assert that Hunt was not using his wrist, but his fingers. They allege the incidents occurred during wrestling practice and even during bus rides coming back from wrestling meets. The criminal complaint makes clear that Hunt “accomplished an act of sexual penetration.”
Most states treat this as rape or sodomy. Some states distinguish between fingers and other foreign objects. And it generally makes no difference whether the perpetrator acted with a sexual motive.
Some argue that, even if what Hunt allegedly did is true, it’s really part of the sport, or it’s just “tomfoolery.”
And that’s why prosecutors use a grand jury to sift through the evidence and make sure that it’s more likely than not that the charges are true.
If tried as an adult, Hunt would have faced 21 years in prison on each count. And the case may be taking its toll not only on Hunt but also on the victims. News outlets from South Dakota report that 11 students have transferred out of the school as a result of the case. No one knows whether any of the 11 were victims.
Robert DeKoven is a professor at California Western School of Law.
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