Wrestler's conviction for attempted rape upheld
Posted: Friday, September 12, 2008
PIERRE, S.D. (AP) -- A former state high school wrestling champion committed attempted rape even if he had no sexual intent when he tried to put his fingers into teammates' rectums, the South Dakota Supreme Court ruled Thursday.
The high court's unanimous opinion upholds Jerome Hunt's juvenile court convictions on seven counts of attempted rape involving younger and smaller boys during the 2005-2006 school year.
Hunt, who was on the Parker High School Wrestling team, argued that his convictions should be overturned because there was no proof he had any sexual intent during the incidents, which he described as horseplay involving a legitimate wrestling move known as "skinning."
But the Supreme Court said South Dakota's rape law allows a conviction in cases of sexual penetration even without any sexual motivation.
Hunt may not have known his actions constituted a crime, the high court said.
"Yet, when he forcibly tried to insert his fingers into the anus of one of his fellow wrestlers, in circumstances where the court found he was not performing the skinning move or any other wrestling maneuver, he committed the offense of attempted rape as defined under the law," Justice John K. Konenkamp wrote for the court. "While there was no sexual intent, there was a culpable mental state, an abusive intent."
The Supreme Court opinion refers to Hunt only by the initials J.H., but Hunt has been widely identified by name in news stories.
Circuit Judge Steven Jensen found Hunt guilty of seven counts of attempted rape, but acquitted him on four counts of rape. In May 2007, the judge sentenced Hunt, who was 17 at the time, to pay a $1,000 fine and be on probation. Hunt also was required to go through counseling and pay for the counseling of any of the victims.
Six wrestlers accused Hunt of inserting his finger or attempting to insert his finger into their rectums through their clothing. They said the assaults occurred on the team bus and before wrestling practice when coaches had not arrived.
In one case, witnesses said Hunt grabbed a boy and took him to the back of the bus, saying "If you scream, I will hurt you." With the help of another wrestler, Hunt shoved the boy to the floor and inserted his finger into the boy's rectum. The boy yelled, but someone covered his mouth, according to court documents.
Hunt testified that he was messing around and performing a wresting move. He said his finger may have slipped, but he never meant to harm anyone.
Hunt contended there was insufficient evidence to support his convictions for attempted rape because the state filed to prove he had any purpose for sexual gratification or arousal.
The Supreme Court noted that the trial judge concluded that Hunt's actions were a "vulgar prank," and his intent was to put his fingers into the young wrestlers' rectums for fun or as a kind of initiation.
The high court said South Dakota laws that define rape and sexual penetration contemplate not only penetration in the sexual sense, but also in the abusive sense.
"One who forces or coerces genital or anal penetration with another commits the offense even without any sexual motivation," Justice Konenkamp wrote.
Hunt came in third at the 2005 Class B state wrestling tournament in the 140-pound class. In February 2006, after moving up to the 160-pound class, he won the championship.
The high court's unanimous opinion upholds Jerome Hunt's juvenile court convictions on seven counts of attempted rape involving younger and smaller boys during the 2005-2006 school year.
Hunt, who was on the Parker High School Wrestling team, argued that his convictions should be overturned because there was no proof he had any sexual intent during the incidents, which he described as horseplay involving a legitimate wrestling move known as "skinning."
But the Supreme Court said South Dakota's rape law allows a conviction in cases of sexual penetration even without any sexual motivation.
Hunt may not have known his actions constituted a crime, the high court said.
"Yet, when he forcibly tried to insert his fingers into the anus of one of his fellow wrestlers, in circumstances where the court found he was not performing the skinning move or any other wrestling maneuver, he committed the offense of attempted rape as defined under the law," Justice John K. Konenkamp wrote for the court. "While there was no sexual intent, there was a culpable mental state, an abusive intent."
The Supreme Court opinion refers to Hunt only by the initials J.H., but Hunt has been widely identified by name in news stories.
Circuit Judge Steven Jensen found Hunt guilty of seven counts of attempted rape, but acquitted him on four counts of rape. In May 2007, the judge sentenced Hunt, who was 17 at the time, to pay a $1,000 fine and be on probation. Hunt also was required to go through counseling and pay for the counseling of any of the victims.
Six wrestlers accused Hunt of inserting his finger or attempting to insert his finger into their rectums through their clothing. They said the assaults occurred on the team bus and before wrestling practice when coaches had not arrived.
In one case, witnesses said Hunt grabbed a boy and took him to the back of the bus, saying "If you scream, I will hurt you." With the help of another wrestler, Hunt shoved the boy to the floor and inserted his finger into the boy's rectum. The boy yelled, but someone covered his mouth, according to court documents.
Hunt testified that he was messing around and performing a wresting move. He said his finger may have slipped, but he never meant to harm anyone.
Hunt contended there was insufficient evidence to support his convictions for attempted rape because the state filed to prove he had any purpose for sexual gratification or arousal.
The Supreme Court noted that the trial judge concluded that Hunt's actions were a "vulgar prank," and his intent was to put his fingers into the young wrestlers' rectums for fun or as a kind of initiation.
The high court said South Dakota laws that define rape and sexual penetration contemplate not only penetration in the sexual sense, but also in the abusive sense.
"One who forces or coerces genital or anal penetration with another commits the offense even without any sexual motivation," Justice Konenkamp wrote.
Hunt came in third at the 2005 Class B state wrestling tournament in the 140-pound class. In February 2006, after moving up to the 160-pound class, he won the championship.
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