From Seattle writer and consultant Matt Rosenberg...

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Criminal Intent and Nipple-Twisting

March 02, 2006

When an Oregon teen boy - as part of silly horseplay with a friend - twists the nipple of another teen boy, in line at a deli, is there necessarily a "'criminal thought process" involved? A county government-provided mediator says, "yes," and that the twister had better write a letter to the victim explaining that aspect of his behavioral lapse. The nipple-twister, who has already done community service, says he cannot write about "his criminal thought process" because he did not have one. So...he will now spend four days in juvenile detention for failing to toe the line. The Seattle Times reports.

The 16-year-old, was convicted of offensive physical touching in July 2005, after the victim's parents complained to Gold Hill police. The Crater High School student paid a $67 fine and served three days of community service. "I emptied trash cans, mowed lawns and shoveled gravel," the teen said. But the teen's refusal to comply with the final piece of his sentence will cost him four days in detention. He was required to write the letter during four classes put on by Mediation Works, which operates the victim-offender program for Jackson County Community Justice.

Mary Miller, executive director of Mediation Works, said the purpose of the letter is to prepare teens to be accountable for their offenses. "They don't have to apologize," she said. "But they are required to be accountable." The offender is required to describe the act in detail, explain "thinking errors," "express empathy" and describe any resultant life changes. Miller said the program is "often a very, very healing experience between the victim and youth offender."

The teen said he presented a rough draft of his letter in the third session. He said he balked when told he must also describe his "criminal thought processes." He said that would imply malicious or criminal intent, and "none of that applied to my feelings or actions." The teen said he had no criminal intent because he considered the victim to be a friend at the time of the incident — which he deemed horseplay. Including the language sought by Mediation Works, he said, would turn his prior court statements into lies.

I would agree that mutual consent - and especially privacy - are an important part of nipple-related interactions. All the same, the nipple-twistee overreacted, and his parents. These were two teen-age boys, for goodness sakes. A call from one parent to another would have sufficed. Do we really want to settle these things at taxpayer expense? I'm also wondering if someone should spank the mediation executive, but not because of the theft and forgery reported to have occured on her watch.

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