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November 4, 2009 10:09 AM

Richmond High School Gang-Rape Victim Speaks Out for First Time

Posted by Edecio Martinez
VIDEO COURTESY OF CBS AFFILIATE KPIX

RICHMOND, Calif. (CBS/AP) The 15-year-old victim of a gang-rape and beating at a Richmond High homecoming dance spoke out for the first time Tuesday.

"Violence is always the wrong choice," she reportedly said in a written statement delivered by victim advocate DeAnna Schlaum at a rally and candlelight vigil.

"We realize people are angry about this," the statement said. "But let the anger cause change; change that is necessary to keep our children, our neighbors and our friends safe. We thank everyone for their love, support and ongoing prayers."

Just hours earlier, police arrested a seventh suspect, Elvis Josue Torrentes, 21, of Richmond, for investigation of rape, rape in concert with force and other allegations that could lead to life in prison if he is convicted. He was being held on $1.2 million bail.

Prosecutors have filed charges against five other suspects, including 18-year-old Jose Carlos Montano of San Pablo late Monday. He did not enter a plea during his brief arraignment Tuesday.

(AP Photo/Noah Berger)
Photo: The picnic area at Richmond High School where police say a 15-year-old girl was allegedly raped.

Police released a sixth suspect, Salvador Rodriguez, on Nov. 2 for lack of evidence.

Suspect Cody Ray Smith, 15, pleaded not guilty to charges, while fellow suspects Ari Abdallah Morales, 16, Marcelles James Peter, 17, and Manuel Ortega, 19, did not enter pleas during their arraignment as adults in Contra Costa County Superior Court.

Attorney Ernie Castillo, who represents Morales, said Tuesday that his client likely will not enter a plea when the suspects return to court Thursday. Castillo said Morales may not do so until prior to a preliminary hearing. It could not be determined if the other suspects had retained lawyers.

Janet Gutierrez, 16, a junior at the school, said the rape has made her concerned about her own safety.

"I'm not scared to be in school," Gutierrez said. "But I'm not going to walk around outside, especially when it's dark."

Community leaders were asking for 100 volunteers to help keep the school safe.

"I pray that we can use this horrific and heinous incident as a teachable moment," said the Rev. Andre Shumake, who made the plea.

Reporting Contributed by CBS Affiliate KPIX.

MORE ON CRMESIDER
October 30, 2009 - Will Richmond High Gang Rape Gawkers Go Free?
October 29, 2009 - Richmond High School Gang-Rape: 4 Teens Charged Could Face Life in Prison
October 28, 2009 - Richmond High School Gang Rape: Three More Arrests in Homecoming Attack
October 27, 2009 - Richmond High School Gang-Rape in California: Others Watched and Did Nothing, Say Cops

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Add a Comment See all 63 Comments
by michis425 November 17, 2009 9:38 PM EST
HEY for all you of you who are putting all the blame on the victim shame on you!! Yes it was stupid of her to go and get drunk with those idiotic dudes, but it's also their fault for having the drunk, and raping her for 2 hours and not just with their *****' but also getting foreign objects to make things worse,shame on all the witnesses who didn't do **** about it trying to help her or stop them or anything but watch how INHUMAIN but it is not all of the students faults, what about the school they had no security, police, staff, nobody out there here is a group of kids all heading out to the back of a gym no lights or cameras the police AND principle saw the young men with the beer and didn't do **** about it

well i'm just glad SOMEBODY finaly called the police and stopped it if you were a witness to this shame on yourself and you should apologize to the victim face to face because of you she is scarred for life with the whole nation talking about this you gave including the rapers gave your school,state,country,and generation a good reason to be ashamed of itself
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by houg098 November 10, 2009 5:21 AM EST
This is completely ridiculous. Yes, I will admit, it is possible for one to victimize him or herself. However, there is no way to legitimize rape. And by using the idiotic argument of "boys will be boys" you are feeding into this phallogocentric, neanderthalic ideal that women who do what this *NORMAL* young woman did deserve to get raped. Any who feel there are "FACTS" as to why she got raped, you make me sick. Rape can not be justified nor rationalized. So stop trying. You're making fools of yourselves.
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by commonsense22 November 9, 2009 2:19 PM EST
And all of you who are pinning the scarlet letter on this survivor's chest would never condemn young boys for getting drunk underage the way you are this girl. HYPOCRITES
Reply to this comment
by commonsense22 November 9, 2009 2:16 PM EST
It is SICKENING that people are trivializing rape, not to mention public gang rape which is, if it's even possible, MORE horrific than other occurrences of rape. So what if the survivor was intoxicated? So what if she wasn't an "innocent Church girl?" And what in the world does that even mean?????? ABSOLUTELY NO ONE SHOULD EVER, EVER, EVER BE RAPED.

Underage kids get drunk. Anyone who is condemning her for that has obviously not spoken to or even seen a high schooler since 1922 when folks were still wearing top hats and saying "Good day Sir". Or they live in an isolated Mormon community and rant against alcohol while they force little girls to get married. Okay, so I'm being facetious...but I hope it illustrates the idiocy of all of you victim-blamers.
Reply to this comment
by orthotox November 8, 2009 11:38 AM EST
"The picnic area ... where police say a 15-year-old girl was allegedly raped." What does this mean? Who's doing the alleging, exactly? The way the media glom onto the word "allegedly" is comical. What is it, fear of lawsuits that makes them say "allege" a dozen times in a report, sometimes even after someone has been convicted? Maybe it should read: "The picnic area at Richmond High School where police allege a 15-year-old girl was allegedly raped"- just to be safe!
Reply to this comment
by twinmomcville November 8, 2009 11:27 AM EST
CBS News: You have become so "politically correct" that you can't even get a caption right. "Photo: The picnic area at Richmond High School where police say a 15-year-old girl was allegedly raped."
The suspects that have been arrested are "alledged" rapists, innocent until proven guilty, but the rape itself is not "alledged", it is fact. By reporting it as an alledged rape, you are casting doubt on the victim. Shame on you for your cold and heartless insensitivity.
Reply to this comment
by What3vs November 8, 2009 2:41 AM EST
Wow, blaming the victim? Classy! What century is this? Everyone blaming the victim should be ashamed of yourselves. If you want someone to blame, blame the rapists for raping and the bystanders and witnesses for not doing anything to stop this heinous crime. Also, you can blame yourselves because it's people like you who stop humanity from moving forward. It's attitudes like yours that perpetuate uncivilized societies where the blame is misplaced and the lines between the guilty and innocent are totally blurred. But hey, maybe you've got some rapists and similar miscreants you'd like to protect. Never mind that poor girl. I'd hate to think what kinds of harsh, inhumane, dehumanizing punishments you think your kids deserve when they make mistakes.
Reply to this comment
by StandUpForVictims November 7, 2009 4:42 PM EST
The very racist poster that I was responding to has had all of their posts deleted. I will not show-case their words.

However I stand by my statement to any one who is trying to instigate hate and anger by spitting out racist and ignorant comments. Especially towards a vicitm of a brutal, attempted murder. The people who have decided to try and blame the young survivor and cause her more humiliation are ignorant.
Reply to this comment
by erb0087 November 7, 2009 6:48 AM EST
"Violence is always the wrong choice," she reportedly said in a written statement...

===========================

Criminal and vigilante violence, unlawful violence, that is.

The fact that police officers carry firearms indicates that sometimes, lawful violence is necessary.

The laws governing self defense can be tricky, however.

A cell phone with which to summon the cops is still the best self defense weapon around.
Reply to this comment
by Dgunner November 7, 2009 10:18 AM EST
Go ahead and put your confidence in the almighty cell phone. We will be reading about in the obituary next.I certainly am glad that you are however NOT armed.This in itself should make youe neighbors feel safer.
by tomrobla November 6, 2009 9:16 PM EST
Girl was drinking with a bunch of bad boys in a dark isolated place. Her blood level indicates she was totally drunk. She didn't deserve to be raped but you can't wave a red flag at a bull. This wasn't a sweet innocent church girl. When this case goes to trial , this girl is going to be put through the wringer. Defense is going to say that sex was consensual sine she was too drunk to remember anything.
Reply to this comment
by kebechet November 6, 2009 11:26 PM EST
If she was too drunk to remember anything then how can she give consent ... ESPECIALLY when she's already below the age of consent?
by Phxfire November 7, 2009 3:46 AM EST
She was a 15 year old being flattered by older boys and they used this to take advantage of her. Kids who make dumb choices like she did should never be victimized again by people like you. If she was a 30 year olf woman, perhaps your callousness wouldn't be so misplaced.
by AdDeRidder November 8, 2009 6:16 AM EST
I agree, Tom. I feel badly for her, but she wasn't using common sense. Underaged, drunk in a secluded location with a large group of older guys, dressed in a prom dress (some of which are very provocative).

And no, I don't think it was all her fault - the guys who attacked her should be punished. None of those facts were justification, they just add up to an unfortunate, but not unsurprising outcome. That's why I'm surprised to see the overblown drama in the posts about this.

Congratulations to CBS for highlighting decency - their focus in the story was on the girl who called it in.
Congratulations to Margarita Vargas. She's right - it was the right thing to do. I hope that others do the right thing and help to defend her against the inevitable backlash from the friends of the guys who get sent to jail for their actions.
by AdDeRidder November 8, 2009 6:41 AM EST
@Phxfire - ...victimized by people like [tomrobla]?
Pointing out facts is not vicitimization. Even though she walked into a bad situation, she didn't deserve what happened, but it's ignorant (by definition - you're ignoring facts) to pretend that she was totally without blame - dragged from the streets and gangraped by hoodlums.

@kebechet -
You're right. Legally it was rape since she was under 18. This is one situation where that law is going to be helpful to acheiving justice - no question of whether or not it was rape. (Unfortunately, IMO, that law is too often just used to unfairly threaten teenage boys who do have consensual sex).
by t0mmy5g1rl November 6, 2009 8:39 PM EST
They should all get the death penalty.
Reply to this comment
by missme4 November 6, 2009 9:09 PM EST
I think a good scolding would suffice.
by Rockem71 November 6, 2009 6:30 PM EST
I am amazed on how focused people are on the fact this 15 year old girl consumed alcohol and that by doing that she was looking to be GANGED RAPED, HUMILIATED, and BEATEN. Where we need to be concerend and focused on is getting our children to be law abiding citizens with compassion and a sense of morales for the human race. Our young men today are becoming animals and it is up to us as parents and as a community to change that. We cannot rely on schools and authority figures to teach our kids how to be good people, to love and care for all women, because they are your mother, your sister, your daughter. I really hope that this horrific incident brings change and that parents will take the time to talk to their boys who are becoming men to respect life.
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by missme4 November 6, 2009 8:29 PM EST
"Where we need to be concerend and focused on is getting our children to be law abiding citizens "

Right on! And the way we do that is to let police officers GANG RAPE, HUMILIATE, and BEAT our children.
by BigBalla73 November 6, 2009 4:02 PM EST
Hey Dumba$$, just because you hang out with the wrong people doesn't mean you should get raped! How stupid can you be saying that
Reply to this comment
by missme4 November 6, 2009 2:46 PM EST
Does the "victim" happen to mention in her little speech that you should not hang out with a bad crowd drinking on school property? She may have forgotten about that part.
Reply to this comment
by BigBalla73 November 6, 2009 4:05 PM EST
Hey Dumba$$, just because you hang out with the wrong people doesn't mean you should get raped! How stupid can you be saying that
by nopelo November 6, 2009 4:20 PM EST
No matter what she did, she did not deserve to be raped!!!!!!
by Rockem71 November 6, 2009 6:50 PM EST
So are you saying she should chalk this up as a learning lesson and move on with her life? Where's the compassion.
by missme4 November 6, 2009 8:32 PM EST
The best way to defend against violence is to avoid it. You wanna hang with the bad boys? Guess what....
by missme4 November 6, 2009 8:41 PM EST
"Where's the compassion."


If you stand on the train tracks and a trains runs you over, I have no compassion.
by StandUpForVictims November 5, 2009 6:06 PM EST
Rapists & like minded abusive anti-social members of society.
Come in all shapes and race, born into poverty or wealth world wide.

Writing hateful racist comments just profiles your ignorance.
Your racisit garbage instigates anger in others.
Having a racist nick name is pathetic.
You should seek therapy & better educate yourself.
Reply to this comment
by missme4 November 6, 2009 8:44 PM EST
"Writing hateful racist comments just profiles your ignorance.
Having a racist nick name is pathetic."

What's ignorant is posting open comments without letting anyone know to whom your refer.
by StandUpForVictims November 5, 2009 3:12 PM EST
To the people picking apart the survivors statement that she approved to represent her Christian values.
What statement from her would satisfy all of you?
Did one of her trusted supporters pick up a pen & help her prepare the message? Most likely, why does it matter.


Would this satisfy you better: Tell all your Children not to trust any of their friendships. Do not go with a friend & try to socialize with his friends & especially drink with them because you will get treated how I was.
Gang raped, robbed, beaten, humiliated, degraded for over 2 hours and nearly murdered.
Everyone knows that all ready so does she need to educaate others?

Or should her message have asked the community to grab weapons & take care of the rapists & their video taping cheering scum friends.
So she doesn't have to endure further humiliation, & relive the brutal attack during the upcoming trials.
Would that kind of message better satisfy you?

Rapists do not care if their victims are drunk they pick girls, women, boys & men either at random or not.
Gangs set-up their victims all the time.
Victims suffer enough why fault them for further.
All victims wish they had not been the one selected.
These guys are Void of all emotional & spiritual Intelligence.
Society has to try and change that.
It is not up to the survivor to determine how to solve the problems of society.
She needs support to continue her life & make new goals for herself.
Reply to this comment
by missme4 November 6, 2009 9:06 PM EST
It is not societies job to raise other people's kids. It should not be up to us to support other people and their kids. Parents need to be employed to support their own kids. I should not have to support 90% of black kids with MY paycheck. This is where apathy starts. When other people and their kids become a burden to hard working citizens, we lose interest. Being a responsible parent is the only way to fix this. Letting your kids run wild is not the action of a responsible parent. Most people are victims because they allow themselves to be victims. When you comfort stupidity, you breed stupidity.
by hapticz November 5, 2009 9:23 AM EST
i also believe this is a 'managed statement' created by others in concert with the victim. please, do not attempt to pull yet more haze in front of the communities eyes! transparency from all is needed, from the top govt/police all the way thru the families and the entire social structure. that the usual silence of the young people is being breached is a clear indication of the very violent and dangerous elements that have kept them quiet for so long. turning a blind eye to any similar incidentg as this only send the message that it will be allowed. open the eyes, see the reality of where even singular assaults that are 'mitigated or plea bargained' lead to a slow but certain erosion of basic community cohesion.
Reply to this comment
by Iamthemango November 5, 2009 8:44 AM EST
Poor decisions result in negative outcomes. You can't change the FACTS of the story.

15 year olds are children and should NOT be drinking. Period.
Reply to this comment
by toldyouso21 November 5, 2009 10:23 AM EST
Amen--but also grown men who are either not teachers, or employed by the school and who are not parents at a school, and who are not students at a school should NOT be allowed to loiter, or fraternize with others on school property. This was not only the case of the stupidity of a 15 year old--her drinking may have been the reason SHE exercised poor judgment--but HER drinking did not cause her rape--that horrible act and the acts of everyone else standing around, has to be borne by those who did it. She did not beat herself, she did not rape herself, had she not been drinking she may just as easily also have been raped by the gang--but her memory of it would have been much clearer. There is nothing to suggest, they raped her because she was drunk--more likely, they raped her because she was there , they were drunk and they wanted to get somebody or maybe even--specifically her.

One dumb, illegal act by one 15 year old, neither precipitates or justifies or rationalizes the crimes of others. Are you suggesting that the other facts of the case (maybe 7 men raping and beating a girl) only happened because the victim was drunk? Their sex organs and fists would not have worked or would have met a force field of virtue had she been sober? PERSPECTIVE--not just for breakfast, anymore.
by all4science November 5, 2009 5:53 AM EST
having alcohol in your system doesn't give anyone the right to rape you. HELLO! Some people just need to have their brain checked.
Reply to this comment
by cidaia November 6, 2009 7:08 AM EST
No, it doesn't excuse rape, but then just because a drunk person is dancing on the freeway doesn't make it ok to hit them with your car, either.

But the fact is, if you're dancing on the freeway, you're much more likely to get hit.

I say this because twenty or thirty years ago we all recognized that holding women accountable for their share in a bad scene, left women open to abuse. Rapes could be dismissed out of court by blaming the girl (and failing to hold the man accountable). Abortion is another example - nobody was ever for abortion as birth control, but abortion on demand was granted in recognition of the fact that requiring "proof" would likely result in women being denied their rights. And in domestic violence, too, we saw that blaming a woman for her share in the "cycle of violence" could be used to make the violence out to be all her fault. And women needed to be protected from these forms of sexism.

But too many women have taken advantage, and we need to go back to emphasizing that, for all that women have the right to expect their rights, that it IS abusive to take advantage of those rights, in ways that were never intended. Girls need to be taught not to drink and get provocative. They need to be taught to be responsible for their own birth control, and to not have relationships they're not ready to be responsible for. They need to be taught to choose their partners wisely, and so on.

I do not intend to blame this child at ALL. How can her behavior be held to blame, when she is just doing what she is taught she has a right to do? If there is any responsibility for her behavior that needs to be taken, it is us - the grown-ups who lied to her - who are responsible.
by janamg November 8, 2009 11:34 AM EST
@cidaia And what is it we teach men and boys to do? Your statements indicate that it is okay for men and boys to revert to animal behavior because women have "taken advantage." Why should a lapse of judgment on the part of a female BE EXPECTED to incur worse results than a similar lapse on the part of a male?
by Iamthemango November 4, 2009 3:27 PM EST
As reported by Crimesiders on October 27, 2009:
_______________________________________________

"The victim remained hospitalized with non-life-threatening injuries.

Police said the girl left the dance and was walking to meet her father for a ride home when a classmate invited her to join a group drinking in the courtyard. The victim had drank a large amount of alcohol by the time the assault began, police said.

Officers received a tip about a possible assault on campus and found the girl semi-conscious near a picnic table.

Marin Trujillo, a spokesman for the West Contra Costa Unified School District, said there were four police officers and three school administrators monitoring the dance, but the assault happened away from the gym."
Reply to this comment
by eparpots November 4, 2009 9:28 PM EST
Are you one of the rapist relatives?
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