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2009 Richmond High School gang rape
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Crime in California, U.S.
Richmond High School gang rape Contra_Costa_County_California_Incorporated_and_Unincorporated_areas_Richmond_Highlighted.svg Location of Richmond in the U.S. state of California Richmond, California, U.S. Saturday, October 24, 2009 9:30 p.m. – midnight UTC-7 Assault, rape, robbery Young female studentRichmond rape victim feels betrayed by attacker Jaxon Van Derbeken http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/06/BAP81AG00E.DTL https://web.archive.org/web/20091109091859/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/06/BAP81AG00E.DTL dead November 9, 2009 San Francisco Chronicle November 6, 2009 C-1 November 7, 2009 The victim previously had been reported to be 15 years old.
On October 24, 2009, in Richmond, a city on the northeast side of the San Francisco Bay in California, U.S., a female student of Richmond High School was gang raped repeatedly by a group of young males in a courtyard on the school campus while a homecoming dance was being held in the gymnasium. Seven men faced charges related to the rape, and one was released after a preliminary hearing. Of the six remaining defendants, four eventually pleaded guilty and two were convicted at trial.
The incident received national attention.Cecilia Vega 5 arrested in rape of girl in Richmond October 28, 2009 https://abc7news.com/archive/7086765/ KGO October 28, 2009 https://web.archive.org/web/20091029223046/http://abclocal.go.com/kgo/story?section=news%2Flocal%2Feast_bay&id=7086765 October 29, 2009 live As many as 20 witnesses are believed to have been aware of the attack, but for more than two hours, no one notified the police.Chen Stephanie CNN Gang rape raises questions about bystanders' role http://www.cnn.com/2009/CRIME/10/28/california.gang.rape.bystander/index.html October 30, 2009 October 30, 2009
Six men were imprisoned for the attack. Four pleaded guilty: Manuel Ortega was sentenced to 32 years in prison; Ari Morales was sentenced to 27 years in prison; Elvis Torrentes and John Crane were sentenced to six and three years in prison, after pleading guilty to lesser charges.Convictions Upheld in Brutal 2009 Gang Rape Outside Richmond High School Bay City News February 20, 2019 NBC Bay Area https://www.nbcbayarea.com/news/local/convictions-upheld-in-brutal-2009-gang-rape-outside-richmond-high-school/5971/ March 13, 2021 Jose Montano and Marcelles Peter went to trial in 2013 and were convicted of forcible rape acting in concert, a forcible act of sexual penetration while acting in concert, and forcible oral copulation in concert.Richmond gang-rape defendants found guilty Henry K. Lee July 18, 2013 San Francisco Chronicle http://www.sfgate.com/news/article/Richmond-gang-rape-defendants-found-guilty-4673197.php Montano and Peter were respectively sentenced to 33 years to life and 29 years to life, and their convictions and sentences were upheld in 2019.
Details
thumb|Entrance to Richmond High School, pictured in 2023
On Saturday, October 24, 2009, at about 9:30 p.m. (UTC-7), at the conclusion of the homecoming dance, a classmate invited the victim to join a group of males ranging in ages from 15 to late 40s, who were drinking alcohol in a dark courtyard on campus. She was propositioned for sex by the alleged attackers. When she refused, she was placed on a nearby concrete bench and continuously beaten and raped for 21 2 hours, at times with a 'foreign object'. They also poured alcohol down her throat. Test results showed she had an almost fatal blood alcohol level.Karl Fischer Todd Perlman No parents at Richmond dance where girl raped November 1, 2009 http://www.mercurynews.com/bay-area-news/ci_13680095 San Jose Mercury News November 3, 2009 September 27, 2012 https://web.archive.org/web/20120927151008/http://www.mercurynews.com/bay-area-news/ci_13680095 dead A local resident heard of the attack from her boyfriend and immediately contacted the police. The victim was found unconscious under a picnic table and was air-lifted to a hospital in critical condition.Police: Girl Raped At Richmond High October 26, 2009 http://www.kcra.com/news/21428503/detail.html KCRA October 26, 2009 https://web.archive.org/web/20120222045852/http://www.kcra.com/news/21428503/detail.html February 22, 2012 dead mdy-all She was released from the hospital on Wednesday, October 28.
Two different bystanders described the assault:
They were kicking her in her head and they were beating her up, robbing her and ripping her clothes off; it's something you can't get out your mind. I saw people, like, dehumanizing her; I saw some pretty crazy stuff.
She was pretty quiet; I thought she was like dead for a minute but then I saw her moving around... I feel like I could have done something but I don't feel like I have any responsibility for anything that happened.Cecilia Vega Richmond rape witness describes the assault November 12, 2009 ABC News https://abc7news.com/archive/7111732/ American Broadcasting Company July 13, 2010 https://web.archive.org/web/20091114054545/http://abclocal.go.com/kgo/story?section=news%2Flocal%2Feast_bay&id=7111732 November 14, 2009 live
Witnesses are believed to have recorded video footage of the attack using camera-equipped mobile phones, but local police have not been able to obtain the recordings. At least two dozen bystandersBobby White Richmond Anti-Violence Effort Falters July 1, 2010 The Wall Street Journal https://www.wsj.com/articles/SB10001424052748703964104575334910387525890 July 13, 2010 watched the assault without calling 911 to report it.Police: As many as 20 present at gang rape outside school dance October 28, 2009 http://www.cnn.com/2009/CRIME/10/27/california.gang.rape.investigation/index.html CNN November 1, 2009Kevin Fagan Richmond gang rape seen as nearly inevitable November 1, 2009 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/01/MNR41ACRGU.DTL https://web.archive.org/web/20091103064900/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/01/MNR41ACRGU.DTL dead November 3, 2009 San Francisco Chronicle November 1, 2009Terry Collins School moves to tighten security after gang rape November 3, 2009 https://www.google.com/hostednews/ap/article/ALeqM5h00xc9pigMisvuJ08uARa2FR8gQgD9BOFAT82 Associated Press November 3, 2009June 2024 medicmedic
Arrests
Seven male suspects had been arrested in connection with the case.Henry K. Lee Another gang-rape suspect arrested November 3, 2009 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/03/BAV11AEG4H.DTL&tsp=1 https://web.archive.org/web/20091106102622/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/03/BAV11AEG4H.DTL&tsp=1 dead November 6, 2009 San Francisco Chronicle November 3, 2009 One of the initial suspects was subsequently released without charge due to lack of evidence.Fischer, Karl Malaika Fraley Contra Costa Times 'I thought she was dead for a minute,' Richmond gang-rape witness reports November 10, 2009 November 11, 2009 http://www.mercurynews.com/ci_13757134?source=most_viewed This initial suspect has since claimed that he was merely a witness present at the scene, and that his intent was to help the victim including offering her his shirt.Vega, Cecilia Richmond rape witness describes the assault KGO-TV November 11, 2009 November 10, 2009 https://abc7news.com/archive/7111732/ https://web.archive.org/web/20091114054545/http://abclocal.go.com/kgo/story?section=news%2Flocal%2Feast_bay&id=7111732 November 14, 2009 live However, he said that he did not contact authorities because he lacked a cell phone and was afraid of retaliation for "snitching". The remaining suspects range in age from 15 to 21. Martinez Edecio November 4, 2009 Richmond High School Gang-Rape Victim Speaks Out for First Time CNN http://www.cbsnews.com/blogs/2009/08/03/crimesider/entry5206544.shtml November 5, 2009 Police stated that they were looking for additional people in relation to the crime. November 3, 2009 Victim Of Gang Rape Releases First Public Statement KTVU http://www.ktvu.com/news/21508253/detail.html November 3, 2009 https://web.archive.org/web/20091106010246/http://www.ktvu.com/news/21508253/detail.html November 6, 2009 dead mdy-all A 43-year-old male was later arrested in relation to the events. January 20, 2010 Allday Erin Final suspect in Richmond gang rape surrenders SFGate https://www.sfgate.com/bayarea/article/Final-suspect-in-Richmond-gang-rape-surrenders-3202236.php July 3, 2010
Four of the suspects were arraigned on October 29 in the Contra Costa County Superior Court in Martinez. One entered a plea of not guilty to the two charges of rape with a foreign object and rape by force, while the others chose not to enter a plea at the time.Moni Basu Friend of gang rape victim blasts school officials over safety October 30, 2009 http://www.cnn.com/2009/CRIME/10/29/california.rape.victim.friend/index.html CNN November 1, 2009 Authorities indicated that they expected all three juvenile defendants to be charged as adults.Malaika Frailey Roman Gokhman One more held, one cleared in rape of Richmond teen girl October 31, 2009 http://www.mercurynews.com/crime-courts/ci_13684964 San Jose Mercury November 1, 2009Emily Friedman Roman Gokhman One more held, one cleared in rape of Richmond teen girl October 29, 2009 http://www.abcnews.go.com/WN/gang-rape-victim-devout-christian-english-honors-student/Story?id=8945716 ABC News November 1, 2009 November 1, 2009 https://web.archive.org/web/20091101055724/http://www.abcnews.go.com/WN/gang-rape-victim-devout-christian-english-honors-student/story?id=8945716 dead All six suspects entered not guilty pleas on Tuesday, December 1, 2009.Dan Simon 6 suspects in high school gang rape enter not guilty pleas December 1, 2009 http://www.cnn.com/2009/CRIME/12/01/california.gang.rape/index.html CNN December 1, 2009
Response
The attack shocked the community and the nation. Local media said that the act "crossed the boundary of civilized behavior".
Any group of young men who could carry out such an attack on a defenseless, intoxicated student are nothing more than a roving pack of vicious animals, and in a civilized society, vicious animals are put down. Humans who act in such a manner are put away for the rest of their lives. Chip Johnson, San Francisco ChronicleChip Johnson Primitive attack inspires primal reactions October 30, 2009 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/29/BABE1AC23M.DTL#ixzz0VteLYtSs https://web.archive.org/web/20091105014240/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/29/BABE1AC23M.DTL#ixzz0VteLYtSs dead November 5, 2009 San Francisco Chronicle
The attack became the most popular blog topic of the week of October 26–30, as bloggers expressed their outrage over the rape. During that week, more than a quarter (26%) of the links from blogs to news sites were to articles about the attack.Bloggers Express Outrage Over Assault November 5, 2009 PewResearchCenter Publications http://pewresearch.org/pubs/1402/bloggers-express-outrage-over-assault November 5, 2009 November 8, 2009 https://web.archive.org/web/20091108135630/http://pewresearch.org/pubs/1402/bloggers-express-outrage-over-assault dead A website was created in order to support the victim and discuss ways to prevent sexual assault on women.Kevin Fagan Thousands worldwide voice support for raped girl November 25, 2009 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/25/MN0R1ANJ5E.DTL&tsp=1 https://web.archive.org/web/20091128100807/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/25/MN0R1ANJ5E.DTL&tsp=1 dead November 28, 2009 San Francisco Chronicle November 25, 2009
After the attack, some talked of vigilante justice against the attackers and onlookers.Kevin Fagan Lee, Henry K. Violence always the wrong choice November 4, 2009 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/03/BAV11AEG4H.DTL https://web.archive.org/web/20091105010454/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/03/BAV11AEG4H.DTL dead November 5, 2009 November 5, 2009 San Francisco Chronicle
The victim's parents made their first public statement on November 1:Please do not respond to this tragic event by promoting hatred or by causing more pain. We have had enough violence already in this place. If you need to express your outrage, please channel your anger into positive action. Volunteer at a school. Go help a neighbor. Be courageous in speaking the truth and in holding people accountable. Work toward changing the atmosphere in our schools and in this community so that this kind of thing never happens again.Matthias Gafni Family of Richmond rape victim speaks out for first time November 1, 2009 http://www.mercurynews.com/bay-area-news/ci_13688300?source=rss&nclick_check=1 San Jose Mercury News November 1, 2009
Over 500 students, parents, and area residents held a candle-lit vigil on November 3. At the vigil, the victim's church pastor read a statement from the victim, stating, "We realize people are angry about this," but that "violence is always the wrong choice." 200 people marched from Richmond High School to a nearby park and held a rally on November 7 to show support for the victim.John King Richmond march and rally supports rape victim November 7, 2009 San Francisco Chronicle http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/07/BA501AGSQ2.DTL&type=nocolumn&tsp=1 https://web.archive.org/web/20091111104851/http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/07/BA501AGSQ2.DTL&type=nocolumn&tsp=1 dead November 11, 2009 November 7, 2009
In response to the events, California State Senator Leland Yee suggested legislation to broaden the criteria when failure to report a crime constitutes a criminal offense. Under Yee's proposal, bystanders to crimes against minors could be charged with a misdemeanor criminal offense for failure to immediately report the incident to the police. Lawmaker Supports Tougher Crime Reporting Law John Lobertini http://www.fox40.com/news/headlines/ktxl-news-bystander-law,0,2270009.story KTXL November 8, 2009 November 14, 2009 October 5, 2011 https://web.archive.org/web/20111005005603/http://www.fox40.com/news/headlines/ktxl-news-bystander-law,0,2270009.story dead
The 18-year-old woman who was the only person to call 911 and make police aware of the assault in progress was honored by the Richmond City Council on November 17.Bloom, Anna Richmond to Honor Teen Who Called Police in Gang Rape The New York Times http://bayarea.blogs.nytimes.com/2009/11/17/richmond-to-honor-teen-who-called-police-in-gang-rape/ November 17, 2009 November 25, 2009
Security around the school was increased following the attack: high-definition surveillance cameras were installed, along with increased lighting and new fencing.Richmond High Gang Rape: One year later https://abc7news.com/archive/7750334/ October 30, 2010 East Bay News October 28, 2010 Vega, Cecilia Wang, Alan https://web.archive.org/web/20101030010508/http://abclocal.go.com/kgo/story?section=news%2Flocal%2Feast_bay&id=7750334 October 30, 2010 live
Preliminary hearing
On November 15, 2010, a preliminary hearing began in Contra Costa County, during which twenty witnesses appeared before the court.http://www.ktvu.com/news/26201180/detail.html Judge Throws Out Interview From Gang Rape Case KTVU December 20, 2010 December 21, 2010 https://web.archive.org/web/20101223062656/http://www.ktvu.com/news/26201180/detail.html December 23, 2010 dead mdy-all Of the seven defendants, six faced charges that could lead to life imprisonment, while the seventh faced a maximum term of 26 years in jail.http://www.mercurynews.com/breaking-news/ci_16819660?nclick_check=1 Richmond High gang rape hearing down to last two witnesses San Jose Mercury News December 20, 2010 December 21, 2010 All of the defendants pleaded not guilty to the crime. Evidence presented during the hearing connected four of the suspects to DNA found at the scene, although there was no DNA evidence connecting the remaining three defendants to the crime.http://www.sacbee.com/2010/12/16/3263530/dna-found-from-4-of-7-richmond.html DNA found from 4 of 7 Richmond High rape suspects The Sacramento Bee December 16, 2010 December 21, 2010October 2025 medicmedic
As a result of the hearing, one of the defendants was released. Of the remaining six, two had their charges reduced, with five facing life imprisonment and one facing an eight-year sentence.Six of seven defendants in Richmond High gang rape to face trial http://www.sfexaminer.com/local/bay-area/2010/12/six-seven-defendants-richmond-high-gang-rape-face-trial#ixzz18oYQdOay December 22, 2010 Bay City News December 21, 2010May 2019 InternetArchiveBot yes
Trial
Jury selection for trials of the defendants began September 4, 2012.
Manuel Ortega, who was an adult at the time of the crime and the most heavily charged of the six defendants, pleaded guilty to all charges against him on September 6 and was sentenced on October 19, accepting a 32-year sentence and avoiding possible life in prison.http://www.contracostatimes.com/news/ci_21483962/defendant-pleads-guilty-richmond-high-school-gang-rape Defendant pleads guilty in Richmond High School gang rape case Fraley, Malaika September 7, 2012 Contra Costa Times September 8, 2012http://richmondconfidential.org/2012/10/19/ortega-sentenced-for-32-years-in-richmond-high-rape-case/ Ortega sentenced for 32 years in Richmond High rape case Brown Julie Baires Jennifer October 19, 2012 Richmond Confidential October 21, 2012 He was convicted of rape in concert, rape by a foreign object in concert, forced oral copulation in concert resulting in great bodily injury, and robbery. Ortega was described by authorities as an initiator in the rape, with witnesses alleging he ripped off the girl's clothes, punched and kicked her in the head, sexually assaulted her and encouraged others to do the same.
On January 11, 2013, Ari Morales was sentenced to 27 years in prison.http://www.contracostatimes.com/richmond/ci_22356705/san-pablo-teen-sentenced-27-years-prison-richmond San Pablo teen sentenced to 27 years in prison in gang rape case Fraley Malaika January 11, 2013 Contra Costa Times Bay Area News Group January 12, 2013
In June 2013, in the trials of Jose Montano, 22 and Marcelles Peter, 20, the victim testified in court for the first time. She stated she had never consumed alcohol previously, and that she did not drink from a bottle of brandy the men had with them. Salvardor Rodriguez, previously sentenced, testified "Before she even said hello, she grabbed a bottle (of brandy) and started chugging it." The prosecutor said in his opening statement that head trauma and her 0.35 percent blood alcohol level interfered with her memory of the events, saying, "They were pouring booze in her and on her, and that's after she was drinking it on her own."
Montano was sentenced to 33 years to life and Peter was sentenced to 29 years to life. Richmond Gang Rapists Sentenced To Lengthy Prison Terms CBS San Francisco August 15, 2013 https://www.cbsnews.com/sanfrancisco/news/richmond-gang-rapists-sentenced-to-lengthy-prison-terms/
Charges were dismissed against the then-15-year-old classmate who invited her to the courtyard. Two more men—Elvis Torrentes, 25 and John Crane, 46—were scheduled to be tried in August 2013.http://www.mercurynews.com/breaking-news/ci_23477950/richmond-high-gang-rape-victim-takes-stand?source=JBarTicker Fraley Malaika Richmond High gang rape victim takes the stand Contra Costa Times 17 June 2013 17 June 2013 They ultimately plead guilty to lesser charges and were sentenced to six and three years in prison.News • • Bay City Convictions Upheld in Brutal 2009 Gang Rape Outside Richmond High School https://www.nbcbayarea.com/news/local/convictions-upheld-in-brutal-2009-gang-rape-outside-richmond-high-school/5971/ 2022-11-04 NBC Bay Area 21 February 2019 en-US
Monetary settlement
In January 2011 the victim received a $4 million monetary settlement from the school district, with an immediate payout of $2.5 million and the remaining $1.5 million to be paid over the next 40 years.https://abc7news.com/archive/7912910/ Richmond High School gang rape victim gets $4M settlement ABC News 21 January 2011 29 August 2019 https://archive.today/20120708032136/http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7912910 8 July 2012 live
References
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External links
Contra Costa Times coverage of the Richmond High School gang rape
Category:October 2009 crimes in the United States
Category:Crimes in the San Francisco Bay Area
Category:Gang rape in the United States
Category:2009 in California
Category:Richmond, California
Category:Violence against women in California
Category:2000s crimes in California
Category:Incidents of violence against girls in the United States
Category:Rape with foreign objects
Category:Rape in the 2000s
Category:Rape trials in the United States
Category:Robberies in the United States