Eric D. Snider

Spanks for the Memories

Snide Remarks #551

"Spanks for the Memories"

by Eric D. Snider

Published in EricDSnider.com on August 6, 2007

Oregon's Yamhill County is taking steps toward doing something we all support, which is to put as many teenagers in jail as possible. Unfortunately, the charges they're using to justify the incarcerations are getting weaker, as police recently arrested two junior high students for smacking girls' bottoms in the hallways of their school.

This is against the law now?! Someone better tell Gen. Halftrack in "Beetle Bailey"!

The boys, Cory Mashburn and Ryan Cornelison, both 13, spent five days in juvenile hall thanks to what is apparently a zero-tolerance policy regarding horseplay. Slap a butt, go to jail. The boys will go to trial -- an actual, honest-to-goodness court trial -- later this month.

Alt text
Jailbirds Mashburn and Cornelison: First they came for the teenagers, and I did not speak out, because I was not a teenager.

And what are the criminal charges? Five counts each of misdemeanor sexual abuse, and five counts each of harassment. Lesser charges of felony roughhousing and second-degree monkey business were dismissed.

If you think it all sounds like a huge overreaction to what was just ordinary adolescent stupidity, you're not alone. The general public agrees, and the district attorney's office has had hundreds of letters telling them to drop the charges and quit with the overzealous prosecution already. More than $15,000 in donations to the boys' legal defense fund has been contributed, too.

In fact, even the attorney for two of the girls believes this shouldn't be a criminal matter. "Our position has always been this should have been handled internally by the school," is what attorney William Brandt told The Oregonian. It might sound like Mr. Brandt is surprisingly logical and rational for a lawyer, but not so fast: The reason he doesn't think it should be a criminal matter is that he'd rather just sue the school. He says school officials failed to protect his young clients from "assault and battery in the form of sexual touching." Never mind that officials responded as soon as a teacher's aide noticed the behavior, and suspended the two boys. What they SHOULD have done was see into the future and stop the boys before they acted. What the school needs, really, is some of those albino psychics who lie in bathtubs in "Minority Report." Sadly, however, our public schools lack the funds necessary to hire fictional precognitive characters. Darn that George Bush and his reduced education spending!

The slap-happy boys' crime spree occurred in February, when they declared it to be "Slap-Butt Day" at Patton Middle School, then went around celebrating that festive holiday in the traditional fashion, i.e., slapping people on the butt. Other students -- including some girls -- joined in on the bottom-swatting fun, and a merry time was had by all.

Alt text
You're next, Amos.

Well, not by all. Some girls evidently were upset, or else became upset when their litigious parents heard about it, or else were convinced to become upset when a lawyer with dollar signs in his eyes showed up on the front porch with legal documents in one hand and a bag of candy in the other. Whatever the sequence of events was, the two boys were arrested, hauled off to juvie, and must now stand trial. If convicted, they would face up to 10 years in juvenile detention and a lifetime of being registered sex offenders. They'll also be forever known among their peers as The Boys Who Went to Jail for Touching a Girl.

(By the way, how would you like to be the cop who has to respond to that call? All those months of training and years of police experience, and this is what you're reduced to. "All available units respond to Patton Middle School. Two 13-year-old suspects, white males, spanking girls' bottoms. Proceed with caution. Suspects are believed to be armed and frisky.")

Alt text
Albino psychics: Unaffordable due to budget cuts.

In its defense, the school has pointed out that the day in question was not actually Slap-Butt Day, and that the kids' observances were thus seasonally inappropriate. The real Slap-Butt Day, of course, is Aug. 19 and is also known as Bill Clinton's birthday.

I should also mention that when the boys were interrogated by the vice principal and a cop, they admitted that in the past they had cupped or poked a girl's boobular area as well. Two of the charges against each boy stem from that, and not just from the crime of butt-slapping.

Granted, you shouldn't go around honking girls' bazooms[1], but come on. Being arrested? Going to trial? I'm not always a fan of the "boys will be boys" excuse, but I think it applies in this case. It would be different if they were adults who were swatting teenage girls. For example, if I were to walk into a middle school and start slapping kids on the butt, it would make sense to arrest me. In fact, I would insist upon it. But these were kids, playfully (albeit ill-advisedly) harassing other kids. They got carried away in their hormonal silliness, they invaded some girls' personal space, and they should be reprimanded and told to cut it out. Anything beyond that is excessive.

But it does raise some interesting questions. Namely, what if the district attorney's office started treating all acts of juvenile stupidity as criminal offenses? I foresee court cases such as these:

Alt text
Watch it, athletes. You're on the list, too.

§The People v. Tyler R.
¶The defendant is accused of administering wedgies, swirlies, and purple nurples to multiple victims.

§The People v. Kyle M.
¶During a game of playground tag, the defendant is accused of immediately tagging the person who had just tagged him, despite the previously established rule of "no tag-backs."

§The People v. Madison L.
¶The defendant is accused of telling Kylie what Rachel said Hailey had told her, even though Rachel totally made her swear not to.

§The People v. Jason K.
¶The defendant is accused of lighting his farts on fire during a party at Bryan's house.

But now we're just being silly.


[1] (Even if they do make this noise.)

Comments & Reaction:

The incident took place at Patton Middle School. I was going to include a "giving girls a Patton the butt" joke, but I decided I was above such wordplay.

The specific city where it happened is McMinnville, about 40 miles southwest of Portland. The Oregonian first wrote about the case a few weeks ago, and the story soon circulated nationwide. (You can see an Oregonian video story here.) Not that I wouldn't necessarily write a column about something strictly local to where I live, but it helps that it became a national story, too.

For further enlightenment on the subject of sexual harassment, I recommend the "Simpsons" episode "Homer Badman," from Season 6, in which Homer's attempt to remove a particularly succulent piece of candy from the back of the babysitter's jeans results in mistaken sexual harassment claims. It really is the preeminent treatise on this subject.

UPDATE: The district attorney eventually dropped the sexual abuse charges against the boys, which eliminated the possibility they'd be registered sex offenders. The misdemeanor harassment charges were eventually dismissed, too. The boys paid a fine and apologized to the girls.

This item has 51 comments

  1. Paul Andrus says:

    This story reminds me of two girls in Colorado who were sued when they caused a neighbor lady "emotional distress" by delivering cookies to her door too late at night. They lost the suit and had to pay several hundred dollars each. The old lady reported, "I just wanted to teach them a lesson."

    People are nuts. Eric is right on saying that anything beyond telling them to knock it off is going too far. Oh, and the official but slapping day being on Bill Clinton's birthday was great. I think I will start celebrating that day from now on.

  2. ClobberGirl says:

    They should have just claimed they were learning about Lupercalia in school, and that they were slapping the girls' butts to make them more fertile.

    It probably wouldn't have gotten them in any less trouble, but it would have been funnier.

  3. Lowdogg says:

    I laughed at this column a good pile of times!

  4. mommyof3 says:

    Thanks Eric, you made me remember why I hated middle school-called Junior High back in the day. However, I think an obvious solution to this problem was missed. Send these boys home to their Mamas to administer a little politically incorrect, less Bill Clintonish, infinitely more humiliating butt slapping of their own.

  5. shib says:

    Funniest column in a long, long time. This kind of stuff is why I come to this site.

  6. Amy says:

    Obviously, they need to cut the athletic budget to free up funds for the albino psychics. Priorities, people, priorities!!

  7. Tony Jacques says:

    As hilarious as this is, it makes me a little worried. I mean, how many pre-pubescent butts did slap in my grade school years? Okay, only 3, but that's not the point.

    Is there some sort of petition we can all sign to have these idiotic charges dropped?

    I guarantee, realistically, if these two boys actually serve any amount of serious time for this, even in Juvie; if they are actually registered as sex offenders, it will change them and greatly affect their position towards authority for the rest of their lives.

    It has the potential to turn them into something much worse than a couple of butt-slapping thirteen-year-olds.

    I'd be more worried if they were thirteen and not at all interested in slapping girls' butts.

  8. B says:

    Why would you want to Touch a girl's butt? That's where cooties come from.

  9. David says:

    There are incoming reports of an 11-year-old arrested for a spree of kiss chase related incidents...

    More news as we have it.

    Great article as always, Eric, but things like this sometimes make me as cross as they make me laugh.

  10. melis says:

    mommyof3 has the right idea!!!

    and i have to ask, if they are going to take it this far, why arent the parents of the boys being brought up on some sort of bad parenting charge? I mean hey, if were gonna go overboard.....

  11. Dave the Slave says:

    Right when I saw the footnote and the words "Even if they do make this noise" I was laughing, but when I heard the noise I think I woke up my sleeping baby. Hilarious!

  12. D says:

    See, I have a different reaction. Given the fact that they are grabbing girls breasts, it seems that they know what they are doing is sexual and against the girls wishes. I have a problem with that. Slap a butt today - assault a passed out girl tomorrow. I dislike the term "slippery slope," but that's what if feels like: both are someone getting away with what they can. I don't think it's ever too early (or too late) to teach kids to respect boundaries, especially when it comes to sex. Yes means yes- everything else means no.

  13. Hurrah for Yamhill! says:

    I have to say, I am glad that SOMETHING is being done to those boys. It is a bit much to send them to jail, but it's better than doing nothing. My junior high school years were a nightmare. I developed early, if you know what I mean, and I was TORMENTED by sexually hyped-up teenage boys. I was constantly being swatted, grabbed, poked, and otherwise fondled. Whenever I asked them to stop, I was laughed at for being so "stuffy." Several times my parents wanted to bring charges against boys for sexual harassment - and face it, that's what it is! - but I refused because I didn't want to suffer the peer rejection. So, I congratulate the school district and the county for taking this problem seriously. THANK GOODNESS someone finally has. Sorry, Eric. I think you're off on this one.

  14. John Ellis says:

    They had General Halftrack repent of his sexist way back in the early 90s. He even apologized to Miss Buxley. Hasn't so much as looked at her funny since then.

    Which, while enlightened, defeats the sole purpose of a one-joke stereotype character like Miss Buxley. Might as well not have her there in the first place.

  15. lolly says:

    Hilarious, as usual. Loved the made up cases at the end.

  16. kevith says:

    These kids are old enough to know better and something needed to be done. The humor is in the overreaction. Should these kids be registered sex offenders or spend 10 years in juvie? Of course not. Should they have been suspended for awhile? Probably.

  17. Chuckwagon Breakfast says:

    Excellent article Eric. The sound just about killed me.

    In response to all the other stuff people have said:

    I agree that the boys should be disciplined. I think it should be handled internally by the school and parents first with any repeats being handled more severely. However, if they get labeled "sex offenders", that term will be diluted to mean "anybody who has ever looked at another person and thought about sex". Which of course is everybody except the people who make the rules, cuz we all know politicians NEVER mess up, cases in point, Bill Clinton and Newt Gingrich, both shining examples of moral purity.

  18. Chuckwagon Breakfast says:

    Did anybody notice a resemblance between the kid on the right and either Crabbe or Goyle (I'm never sure which one) from the Harry Potter movies?

  19. BeeDub says:

    #13: Did I miss something? How was Eric "off"? Did Eric suggest that the school and/or county should have done nothing about what happened? I guess I'll have to reread the article to see where he said that...

  20. Amp says:

    I agree with #12 & #13. I think the jail time and especially the registered sex offender status is a bit of an overreaction, but this touching is not as harmless as Eric's article makes it out to be. This sort of behavior can be really traumatizing to young girls, especially because the behavior is condoned as being merely "ill-advised" or "juvenile stupidity" or worse, excused on the basis of the revolting idea that it's not that bad because "boys will be boys," as Eric says. It is definitely more than that. Seriously, imagine being poked, grabbed, slapped and prodded repeatedly at school. Do you think "butt slap day" was the only day these boys have harrassed their female classmates? I doubt it. These boys need to be taught boundaries. I don't think a little talking-to by the principal and a couple day suspension is enough. If a male adult did this to a female adult, he would be charged criminally. Why is it okay for an adolescent boy to get away with it? Because adolescent girls don't mind the touching as much? Revolting.

  21. Sarah says:

    The NYTimes Magazine had an article about juvenile sex offenders a few weeks ago that included some examples of this kind of behavior that did result in the kids being convicted and entered into their state's sex offender registry. Which then, of course, pretty much ruined their lives when their peers found out.

    It's kind of a scary article, but a good one. http://www.nytimes.com/indexes/2007/07/21/magazine/index.html

  22. D says:

    Nobody on this forum knows how the victims' reactioned. Most were probably annoyed; some might have been embarrassed, but unaffected (as I would have been). But if this was an on-going behavior of the boys, they might have had on-going victims (which might explain why the school is being targeted for lawsuits). As #13 says, this can profoundly affect a middle-schooler who is already confused by the changes in her body. It can lead to shame, guilt and being afraid to draw attention to her body. Or it could also lead to feeling that sexuality is the best, if unhealthy, way to get attention. The point being: if the there are some girls (or boys) who will suffer permanently from these boys actions, I don't think it's too much to ask that they suffer the consequences. It may be that 10-years and registering as a sex offender is too much, but I don't think we should dismiss it as overreacting simply because of their age.

  23. d says:

    Or reacted.

  24. Hurrah for Yamhill says:

    To #19 BeeDub: I only meant Eric was off for making the offense seem like it was acceptable and no big deal. That's all...

  25. whome says:

    It seems some people just want the offenders to suffer as much as possible. What's the purpose of the juvenile justice system anyway? If the boys get ten years in jail, that will hardly solve the problem -- only exacerbate it. They are not going to use those ten years to become model citizens.

    It also seems that some people feel the purpose of the justice system is to extract as much money as possible from the school district (which comes from our tax dollars, so its really to get all the hardworking citizens to pay for someone's opulent lifestyle).

    I don't know all the details of the case, so I don't know if what the boys did really merits such strict punishments, but if the main reason they are being charged is to cow other students into submission, or to try to extract money from the school district, then it is very disturbing indeed.

  26. Dave-o says:

    No, Eric wasn't suggesting that nothing should be done to the two knuckleheads, and yes, the humor was in the local authority's overreaction. As the father of a teenage daughter, I think some boundary-setting lessons are order for those two lunkheads. An op-ed article in the Oregonian (local Portland litterbox-liner paper) recently suggested said lessons be accomplished by firmly applying a "board of education", the kind with holes drilled in it to cut wind resistance, to the portion of the lunkheads' anatomy that they sit on. (But not applied *too* firmly, or they might get a concussion). I believe that would actually teach the lesson about boundaries without ruining their lives. But of course that's hardly politically correct, and doesn't advance the career of the local DA either, so it'll never happen.

  27. Greg says:

    @Amp: "Seriously, imagine being poked, grabbed, slapped and prodded repeatedly at school."

    I'm pretty sure that's what the defendants were hoping for. Both boys are obviously nerds, so they probably exhausted all legitimate attempts at getting girls' attention and resorted to butt-slapping day. Not that that excuses it, but being a registered sex offender because you're an awkward, horny teenage boy is ridiculous.

  28. David Manning says:

    The sound effects linked to in the footnote sound like the ones Eric created himself in the SnideCast of one of his other columns--"Two to a Womb." I think he probably made that sound himself, into the microphone...

  29. Dave the Slave says:

    #27- How many of us were "awkward, horny teenage boys" once and never grabbed girls' goodies? I'm just sayin'..

    These two idiots definately deserve punishment, but I'd say from their parents, not the judical system. (assuming they have parents and that said parents aren't as immature as they are, which is a lot to hope for these days...)

  30. Hurrah for Yamhill says:

    I have to agree with #29. If parents taught their boys appropriate behavior, that would help. Unfortunately, media portrays this kind of behavior as good fun with no consequences. Parents need to teach their kids that this is actually sexual harassment. And if it does happen, the school should handle it before the justice system ever gets involved. I do think that it seems the boys are being charged prematurely. Although this was not their first offense, they did not seem to understand that what they were doing was not only wrong but also illegal. I hope the charges are dropped because I have a feeling that 5 days in juvie have probably taught them a good lesson and hopefully this incident will bring about more awareness to other middle school kids.

  31. cv girl says:

    Okay seriously. When I was in eighth grade every Friday was slap-butt day. We never got in trouble. My friend sstill does it every Friday, even though it started and ended two years ago. No one ever arressted her. I must admit she's really weird though.

  32. mommy says:

    The parents are already being punished....it is my understanding that they pay directly for juvie. Obviously the punishment is extreme. That is very unfortunate. Most people have brains and rush to the defense of the unjustly tried persons...that means people are rushing to the defense of two boys who did something wrong and stupid. It would have been much better to leave it in the schools and parents hands.

    is that a people's court sound effect? reminds me of my fil...

  33. Amp says:

    #27: I said in my first comment that the registered sex offender status was going too far. It's writing off the behavior as trivial because the boys are young that I find appalling.

  34. Jim says:

    @18: YES.

  35. John Doe says:

    It's a difficult situation here, and I don't know all the facts. However, if I had to choose between telling teenage boys that they will be prosecuted for even seemingly harmless sexual harassment, or telling girls to grin and bear it when they are harassed, I will choose the former every time.

    There isn't a single boy who doesn't know that inappropriate touching is bad. I knew plenty of bullies at my school. Suspension was a holiday. Nothing the school did ever had an effect on them, except to be careful not to get caught when they break the rules. When they got back from their break, they harassed the victim even more. The message was that kids who harass others get a day off, and the victim gets hurt even more. Victims learned that the system didn't work, so they should just submit to the bully. It's especially bad for girls from the studies I've read. Rape has the double victimization problem already. Women are told it's their fault it happened, or that worse will happen if they complain. I don't know the best solution, but telling girls that they are going to be victims and the system won't help them is worse than sending minors who sexually harass to jail.

  36. card says:

    Boy of the boys look familiar to me for some reason.

  37. Rustshark says:

    The boy on the left looks like Crabb from the Harry Potter movies.

  38. David Manning says:

    #29 (Dave the Slave): Right on! (Assuming you meant it as in "How many of us were 'awkward, horny teenage boys' and [yet still] never grabbed..."

  39. Kristina says:

    #35 - you couldn't have said it better. This stuff has a very negative affect on young girls, and overzealoussly prosecuting the boys is better than telling the girls to grin and bear it. Plus, 13 year-olds are plenty old enough to know better. Might be a little different if we were talking about 8 year-old boys.

  40. Chrystle says:

    First off - I'm all for coming down hard on kids who sexually harass other kids. They need to be taught, and taught well, that this is inappropriate and that there are consequenses.

    But do you know what happens when you are registered as a sex offender?

    1) You are banned from ever working with children - teaching, coaching, big brother/sister, fostering, etc.

    2) You fail every criminal background check run on you - therefore careers in law, law enforcement, medicine, education, or any job where you need to be bonded because your dealing with cash.

    3) You automatically become a suspect to be eliminated in any situation where a child has gone missing, a sex crime or sex-murder takes place.

    4) Your private information is online - addresses, phone numbers, etc. so anyone can find out who's living next door to them.

    These boys will be lumped in on the same registry as rapists, pedophiles and other sexual preditors.

    Don't get me wrong. These boys were WAY out of line, and need to be brought back in - heck, a scare with the law may do more to shape them up than anything else. But in doing everything we can to protect the innocent girls, we're not giving those boys a whole lot of leeway to change or learn from their mistakes. Teenagers don't have the best reasoning skills, and to hold a 30 year old man for the mistakes his 13 year old self made is unconscionable.

  41. LittleWoodenBoy says:

    While many are so quick to condemn these boys, we should remember that we really don't know what happened. These things may have been going on very frequently, but when it comes right down to it, they're being charged due to that one instance, plus some admissions they made to the principle (and I have to wonder whether they fully understood their rights at that point, but it sounds to me like they got hosed there). If they are caught for this, and then punished for this, and then caught for it again, then we can start the conversation about the long term effects this can have on girls and what more serious steps we should take to protect them. Until then, any speculation as to just how evil these boys are and how scared the girls around them must be is either ridiculous or self-serving.

    And as a former 13 year old boy I can say with some authority (and if some other former thirteen year old boy would like to contradict me here, they're the only ones with a basis for doing so) that the mind of a boy at thirteen has almost nothing in common with the mind of that same boy as an adult. Anything short of truly disturbed behavior is inadequate evidence on which to proclaim these boys as being on the road to hell.

  42. Princess Heather says:

    "Jailbirds Mashburn and Cornelison: First they came for the teenagers, and I did not speak out, because I was not a teenager."

    HILARIOUS!!

  43. Greg MacLennan says:

    What did those girls expect bring their milkshakes to the yard? I mean seriously, I have had been grabbed/slapped and returned the favor several times throughout my younger years. It's just life, sometimes you get in school trouble, sometimes you don't. But seriously, those kids will go to juvie or jail with drug dealers and weapon carriers. Do you think they deserve that? They are going to get far more than booty slapped if they end up there. This is retarded.

  44. Disgusted says:

    To 41 and 43. I fear for your wives and daughters, present or future. That you could be so insensitive is truly fighting. It is because of people like you polluting the minds of the young, that this needs to be dealt with and dealt with now. And to scoff at the fact that this might have been the first time so it's no big deal?!?! Seriously!?! Nobody has a right to touch anybody without their permission, EVEN THE FIRST TIME! If I had to guess, you're more than likely the porn tottin', cat-callin', drunk as a skunk self-respecting women run far from. If somebody had slapped some sense into your 13 year old selves, you might see the world differently now and have more respect for women.

  45. BeeDub says:

    #44: Yes, true respect for a person or group is born out of being "slapped around." Good one.

    Also, if you're calling someone to task for being disrespectful, it's best not to call them things like "porn tottin', cat-callin', [and] drunk as a skunk." Because that's disrespectful. I'm just sayin'.

  46. Steve says:

    #43: I take exception to your apparent disdain at the thought of these boys being thrown in with "drug dealers and weapon carriers." Many of my best friends carry weapons, and I resent that you represent them as too low for the likes of horny teens.

    I mean, really, is having a pocketknife on your person at school that much worse than fondling girls? Really?

    As for the punishment of the butt-slappin' dorks, yes, they need to be reprimanded in such a way that they think twice before repeating the action. And yes, if it were my daughters who had been slapped/poked/grabbed, I would teach those boys the meaning of fear. I mean respect. But 10 years? And registered sex offenders? Those are both insanely excessive.

  47. Dave the Slave says:

    Don't worry, these boys can find a legal loop-hole. I'm pretty sure you can slap butts and poke boobs at school as long as you say "O'Doyal RULES!" afterwards...

  48. Jeff says:

    #44 I too hope they will be convicted, sent to juvie, and properly sodomized in the shower. That'll teach em what it's like.

  49. LittleWoodenBoy says:

    #44: I'm sorry, but you've left me a little confused. At what point did I imply anything about my position on touching girls without permission?

    I suppose I may have signaled disinterest in discussing how the girls might have felt, but that's not because I think their feelings are immaterial, but because I think speculation like that can too easily be used to serve the arguer, who can invent out of thin air any degree of feminine distress necessary to make his or her point, when the fact is we just don't know.

  50. crella says:

    Re: Posts 35 and 39.

    Why is it a choice between 'overzealously prosecuting' and 'telling the girls to grin and bear it'? Obviously, if two boys can be threatened with felony sex charges for touching a girl, nobody is telling them to grin and bear it. Is a slap on the butt so traumatic that legal action needs to be taken? Please.....girls were participating as well. Now, imagine a girl handcuffed, shackled, put in juvie and strip-searched (as these boys were) for slapping butts, along with the boys. NOW can you see what's wrong with this picture?

    Are the girls who participated also guilty of sexual harassment?

    Is it legal to add charges on afterward based on hours of questioning about prior incidents, which were not part of the original charges?

  51. John says:

    The charges are very silly. Its ridiculous charges. The parents can give them severe punishment or more importantly teach them what is right/wrong. The juve punishment is going overboard for two young children who are not matured and do not understand the law.

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