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tazzygirl -> RE: Rape, football and Anonymous (1/5/2013 5:46:06 AM)
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Sure, although witnesses aren't necessarily perpetrators. The main perpetrators here, the ones that deserve the bulk of the opprobium, were likely 17. Again, though, it's a legal difference, not a moral one. They knew better, and they should be punished. And I'm certainly not opposed to Ohio trying them as adults.
The main perpetrators were 16.
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After reading this, I hopped on my fancy lawyer-researching tool (ok, it's just LexisNexis). According to the case of Great Cent. Ins. Co. v. Tobias, 37 Ohio St. 3d 127, 129 (1988), the Ohio Supreme Court ruled that Ohio law does not apply civil liability to social hosts of intoxicated guests when those guests later cause an accident.
Dram Shop Laws and Related Legal Actions:
State Has a Dram Shop Law (Yes/No): Yes §§4399.01, 4399.02 and 4399.18
Dram Shop Actions-Social Hosts:
Yes Limited A social host is not liable for the actions of an intoxicated adult guest. Settlemyer v. Wilmington Veterans Post No. 49. American
Legion, Inc., 464 N.E.2d 521 (Ohio 1984).
However, a social host may be held liable for either the death or injury of a third person caused by an intoxicated minor guest. Mitseff v. Wheeler,
526 N.E.2d 798 (Ohio 1988), Huston v. Konieczny, 556 N.E.2d 505 (Ohio 1990), and Williams v. Veterans of Foreign Wars. 650 N.E.2d 175 (Ohio App. 2 Dist. 1994)
http://www.socialhostliability.org/NHTSA/Ohio.pdf
Under Ohio law, a social host is barred from providing alcohol to people under the age of 21. The Ohio Revised Code § 4301.69(A) and (B) provide the following:
(A) [N]o person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person, unless given by a physician in the regular line of the physician’s practice or given for established religious purposes or unless the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian. . .
(B) No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming beer or intoxicating liquor, unless the intoxicating liquor or beer is given to the person possessing or consuming it by that person’s parent, spouse who is not an underage person, or legal guardian and the parent, spouse who is not an underage person, or legal guardian is present at the time of the person’s possession or consumption of the beer or intoxicating liquor.
Under Ohio law, a person who knowingly allows a person under the age of 21 to drink alcohol on their premises is guilty of a first degree misdemeanor. A first degree misdemeanor in Ohio is punishable by a $1,000 fine and/or up to six months in jail.
Additionally, social hosts face civil liability under certain circumstances. A social host can be found liable if they knowingly allow a person under the age of 21 to drink, and that person later injures or kills another person.
http://corporate.findlaw.com/litigation-disputes/underage-drinking-and-social-host-liability-in-ohio.html
The difference being these were minors.
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If the state doesn't apply civil liability, I can assure you that it does not apply criminal liability, although I couldn't find any cases or statutes specifically saying that.
See above.
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