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By Phil Trexler
Beacon Journal staff writer
POSTED: 11:44 a.m. EST, Nov 26, 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 today, 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.
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 today, 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.
Comments
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Akron, OH
Posted 12:16 PM, 11/26/2008
Appealing your slap-on-the wrist? Man up. You earned your registered title.
Posted 12:19 PM, 11/26/2008
Glad he isn't off the hook. Wish they could publish the names of the other two involved. Would love the recruits to see what other "talents" they have.
Posted 12:39 PM, 11/26/2008
F'n RIDICULOUS!!!!!!!!!!!!!! Sex offender for life????????? This bureacracy is out of control.
akron , oh
Posted 12:56 PM, 11/26/2008
I can't believe that I agree with Mike. But I don't want to rehash this whole argument all over again. It has to end somewhere.
Akron, OH
Posted 12:57 PM, 11/26/2008
Jock boy.
Fairlawn, OH
Posted 01:22 PM, 11/26/2008
It's too bad they can't forceably relocate the punk to West Virginia where he belongs.
Posted 01:32 PM, 11/26/2008
Not ready to take responsibility for their actions. Not a good sign.
Somewhere along the line this fella found it "fun" to inflict physical and emotional damage on people.
Want to play? Be ready to pay.
Posted 01:33 PM, 11/26/2008
Underwood deserves incarceration. Apparently this punk still doesn't recognize the consequences of his ridiculous actions.
AKRON, OH
Posted 09:14 PM, 11/26/2008
REGISTER FOR LIFE AS A SEX OFFENDER ? MAYBE A BIT ROUGH. HOW ABOUT FIVE YEARS IN PRISON AND REGISTER FOR ANOTHER FIVE AS A SEX OFFENDER. WALKING AWAY WITH PROBATION DOESN'T MAKE ENOUGH OF A STATEMENT.
