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Court upholds ruling in Tallmadge High case
By Phil Trexler
Beacon Journal staff writer
Published on Thursday, Nov 27, 2008
A 17-year-old former Tallmadge High School football player convicted of raping a teammate with a plastic straw during a hazing incident was denied an appeal in which he claimed the act was impossible to achieve.
Robert Underwood, who received probation for the offense after his conviction in March in Summit County Juvenile Court, was seeking to overturn the conviction, which forces him to register as a sex offender for life.
The Akron-based 9th District Court of Appeals denied his appeal Wednesday, taking the side of Underwood's accuser who said a plastic drinking straw was used to penetrate his anus once or twice for up to eight seconds while he struggled against several teammates.
Underwood's attorneys argued that there was no evidence
of a rape and that the victim was initially unsure whether penetration occurred when interviewed by police.
The appellate court, however, found that ''[the victim] testified at trial without equivocation that penetration occurred,'' Judge Lynn Slaby wrote in a unanimous 3-0 decision. ''[The judge] could reasonably conclude from the evidence at trial that a rape had occurred as a result.''
Under Ohio law, a rape occurs when an object penetrates an orifice, no matter how slight, with force sufficient to complete vaginal or anal intercourse.
Underwood, who was found guilty of juvenile delinquency charges of rape and hazing in connection with the incident, apologized to his victim when he was sentenced.
The victim, who was 15 at the time of the incident, testified that he was accosted by several teammates in August 2007 after football practice. He said he was forced to the ground, his pants were pulled down and he was jabbed repeatedly in the buttocks with a plastic drinking straw.
Underwood also was ordered to undergo an alcohol assessment and treatment program, to write a letter of apology and make amends to the victim and his family and to perform 40 hours of community service.
In March, a 17-year-old Tallmadge senior was found not guilty of a delinquency charge of complicity to commit rape but guilty of hazing in the same incident.
In December, a 17-year-old pleaded guilty to a delinquency charge of disorderly conduct. He was given 40 hours of community service and other sanctions.
Last November, charges against a 16-year-old were dismissed by recommendation of the prosecutors.
Two other players, one 16 and one 17, each pleaded guilty to one delinquency charge of hazing. They were given 40 hours of community service and ordered to write a five-page essay on bullying.
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
A 17-year-old former Tallmadge High School football player convicted of raping a teammate with a plastic straw during a hazing incident was denied an appeal in which he claimed the act was impossible to achieve.
Get the full article here.
Comments
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Posted 12:38 PM, 11/27/2008
I am very happy with the outcome of this situation. This is totally unacceptable behavior. We all have choices in life and at age 17, you have at least learned right from wrong. I personally think he should be jailed!
WAY TO GO SUMMIT COUNTY COURT SYSTEM!
Posted 01:06 PM, 11/27/2008
Offensive, reprehensible, and demeaning behavior should be punished severely, no matter who does it. Even football stars.
The penalty seems about right. And it sends a deterrent effect to others who want to engage in similar hazing.
I live out of town, so I don't know about any civil suits. The Tallmadge coaches should be punished also.
Akron, Oh
Posted 08:43 PM, 11/27/2008
I think they all should be charged as adults and do prison time! Or maybe they should be held down and raped with a straw so they can feel the humiliation. Some people get off to lightly. They must have a connection in the court system.
Posted 08:40 AM, 11/28/2008
No,, they don't have a "connection", they are jocks, and as such they get a pass on justice.
We as a society devote WAAAAAAY too much time and engergy on sports, and the spoiled atheletes that play them.
Posted 05:59 PM, 11/28/2008
this story has been overblown from the beginning. the young man in question should be punished, but this punishment is way too much. way, way too much.
