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Update: 14-Year Old Accused of Portola Middle School Rape Won't Be Charged as an Adult
Created by Brian Shields on 12/15/2009 9:56:00 AM


MARTINEZ (KRON) --  A 14-year old boy accused of raping a 12-year old girl in the stairwell of Portola Middle School will not be tried as an adult.

Contra Costa County prosecutors say they made the decision to bring juvenile rape and false imprisonment charges against the boy based on his age, the circumstances of the crime, his level of sophistication, and the chances he could be rehabilitated by the age of 18.

At the request of the boy's attorney, a hearing on whether the young man will be held in custody or released to his parents has been delayed until Thursday afternoon.

Administrators have suspended the principal and vice-principal of Portola Middle School while they investigate security at the campus.

The decision to charge the child as a juvenile comes on the same day as comments from a school site supervisor saying the alleged sexual assault shouldn't be considered a rape.

"They're calling it a rape when it wasn't really a rape," Portola Middle School Site Supervisor Mustapha Cannon told reporters Tuesday morning.  "When this is all over with I want to see if I can get a public apology for my principal, who is my friend, and my vice-principal, who is my friend who aren't at work right now.  Some kids are not as popular as other kids.  You have a girl that's not as popular as some of the girls.  You have a guy who is not as popular with some of the guys and the girls.  It was hormones gone wild.  There's been plenty of incidents that happened that haven't been reported as possible rapes or attempted rapes.  I think this is something that's been worded the wrong way."

Cannon says it's his opinion that the intercourse was consensual.

"They probably just took it too far and embarrassment kicked in," the site supervisor said.  "As far as calling it a rape, I think it's something that they did together and it got worded the wrong way.  When the kids came up, it was an embarrassment type thing, and then the parents got in, but as for calling it a rape, I wouldn't word it like that."

Cannon says he knows of other similar incidents on campus.

"These are kids with hormones raging," he added.  "There's touching, there's slapping on the bottoms.  This particular case just went too far, they took it too far."

A West Contra Costa School District spokesperson is refusing to comment on Cannon's statements.

Some parents say they're angry at the school because they weren't notified of the incident and subsequent arrest.  Other parents say they did receive an automated phone notification last week.

Police and prosecutors say they do believe there's enough evidence to proceed with the criminal case against the 14-year old boy.

(Copyright 2009, KRON 4, All rights reserved.)

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  Comments

  12/30/2009 4:33:59 PM
Anonymous 


New Comment 
Either the district has "disappeared" Cannon due to irate calls or he's been fired or quit. Whatever the case, there are no longer ANY traces of the man on the district's website.
  12/29/2009 3:27:27 PM
Educator 


The Real Dope 
From a legal standpoint, it is irrelevant whether the sex was consensual since a 12 year old cannot consent to sex. Therefore -- from a legal standpoint -- it's rape. Mustapha Cannon was probably speaking from a moral standpoint, not a legal one (his morality, not mine). Does it matter whether the sex was consensual in these types of cases? It may, because even though there may be legal grounds for criminal prosecution, it may be difficult to obtain a conviction if potential jurors sympathize with the boy on "moral" grounds. So it won't surprise me if the charges are quietly dropped in a few weeks.
  12/24/2009 11:54:45 AM
David 


New Comment 
Even though the brain of a adolescence is still developing, we all were that age once upon a time and know that some of those kids are just plain mean and prone to violence and when their brains finish developing they will still be mean and prone to violence. I'm sick of people minimizing the crimes of kids this age. Just like most of us don't do violent acts as adults, we didn't do them as kids either. Get the connection?
  12/24/2009 6:41:54 AM
Anonymous 


Was it forceful? 
If it was forced, it was bad, rape. If not, just two kids doing their thing, let it go.
  12/18/2009 2:21:30 PM
Anonymous 


Not Black and White 
Whatever happended to inncocent until proven guilty? All sides of this need to hold judgement until the facts are all out. The media cannot help but create a spectacle and panic. We need to support our schools and our students and tone down the hysteria and spend more time talking to our teens about what they are going through. They need guidance not rhetoric. Our boys need to know that it is not alright to presssure and no is no. Our girls need to know that being accepted doesn't have to mean having sex. As for the school, I am consistently amazed at how public schools do so much with so little. Let's stop the blame game and take back our public schools that have been systematically dismantled since prop 13 passed.
  12/17/2009 6:16:28 PM
Anonymous 


New Comment 
I dont even know what to think.. I work there part time and know Mr Cannon. His statements shock me.. I hope hes right. But It doesnt feel right. ANY OF IT. Poor girl. Poor boy.. Poor kids. They have been raised like animals. And its not even their fault. What is this world coming to? :(
  12/17/2009 9:45:39 AM
Anonymous 


this is insane 
this site supervisor is trying to cover his ass by saying this is hormones gone wild. In the stat of california the law you need to be older then 14 to consent to having sex. So even is she was willing it under the law is rape. point blank.
  12/17/2009 9:25:18 AM
lou 


Two student witnesses thought it was rape 
Not screaming doesn't mean it's not rape. And two students definitely interpreted it as rape. Mr. Cannon should be fired ASAP based on those comments.
  12/17/2009 8:24:46 AM
Anonymous 


New Comment 
Wow, yet another falsely reported "rape". These girls are learning earlier all the time.
  12/17/2009 6:25:55 AM
Laura 


What the &$%# 
Not are Cannon's comments blaming the victim - it is completely letting the assailant off the hook with an antiquated and sexist assumption. "Hormones gone wild" is just another way of saying "men just can't help themselves," which is no different than the age-old defense of rape based on the appearance of the woman involved (a.k.a. "she was wearing a short skirt and flirting").
  12/17/2009 6:03:41 AM
Steve 


This is Insane!! 
To the young teen and family – be strong and know that there are a growing number of very concerned Americans who are petitioning and lobbying to change our countries unfair sex offender laws and unconstitutional registry laws. Readers and commenters - at 14 he was a kid himself not an adult - the trend in our nation to prosecute consensual sexual relationships between consenting kids and teens under statutory rape laws is insane, unjust and unconstitutional. No offense intended to the victims and families of violent and sexually dangerous persons, but there is a rapidly growing tragedy in our nation as increasingly reported in local and national articles such as this one, where otherwise innocent kids/teens/young adults end up with a life of ruin in the aftermath as a registered sex offender for consensual peer sex and sexual activity (see Economist Aug 6 2009 - America’s Unjust Sex Laws). I am not condoning sexual promiscuity, and I agree that we want our children; and teens and adults for that matter, to be protected from violent and sexually dangerous persons. But current and pending sex offender legislation and laws must be changed so that only violent and sexually dangerous persons can be prosecuted; not consensual underage and young adult sexual activity. You may find this difficult to believe, I did at first, but there are kids as young as 8 on the sex offender registry for “playing doctor”; no violence involved, kids as young as 12 for pinching another kid on the butt just joking around, a long and rapidly growing list of teens and young adults for “consensual sexual activity” with a boyfriend/girlfriend, and men for public urination on the golf course. Again, I am not condoning sexual promiscuity, but what was once sexual exploration between consenting teens left to parenting is now grounds for potential incarceration followed by “life time registration as a sex offender” as young as 14; both boys and girls. And Government sanctioned Sex O
  12/16/2009 8:07:45 PM
Anon 


Wow you guys are stupid 
Obviously a lot of teens today are dressing in a sexually provocative manner starting at...6 years old. I've seen kids and teens wear those kinds of clothes, and a the thought of the parents not caring go through my head. If you want to blame someone blame the parents, not the supervisor. If you idiots don't want this happening again then don't let your kids watch television because it's apparently blatant that their getting their sexual desires earlier from television, magazines, and not to mention Feminism. What have we learned here today? We've learned that parents should take responsibility for their kid's actions because it's their parents who influence their kids, not their supervisors. And if their parents can't influence their kids the right way, then they've failed as parents.
  12/16/2009 7:25:43 PM
Biff 


Perhaps... 
He's probably right, but he shouldn't have said it. Only two things he should have said: "I think it would be wrong to try and convict this young man before all of the facts are out." "What happened is disturbing, and we're going to make changes to ensure it never happens again."
  12/16/2009 6:37:49 PM
someone who remembers middle school 


WAKE UP 
if they are going to charge this kid with rape, they need to go out there and arrest at least 60% of the teens in schools from age 12 through 14 and at least 80% of them from 15 to 18. If you think your teenagers are that innocent then your either blind or just plain ignorant.I remember what was happening when I was that age and it seems worse to me now just by how the teens dress. People need to wake up.
  12/16/2009 5:59:26 PM
Anonymous 


New Comment 
Mr.cannon is a very responsible site supervisor. He is always there for all of us who attend this middle school. I go to Portola and I know him very well. These comments ARE NOT OUT OF LINE! thank you and have a good holiday break Mr.cannon.
  12/16/2009 5:25:52 PM
A Mother 


Mr. Cannon 
Mr. Cannon, if I may call you "Mr." If you are at this school everyday and you "know" for a fact this goes on there why isn't anyone doing anything to stop it. You're no better than the 15+ people that watched the gang rape at Richmond High. No, I can't be at the school every day to "monitor" because I'm doing something called "working".
  12/16/2009 3:26:50 PM
Anonymous 


To: "An El Cerrito resident"  
A few helpful pointers from someone who actually does speak English: story NOT "stroy" because NOT "becuase" thought NOT "taught" And even if it was indeed "consensual," it would still be considered statutory rape under the law.
  12/16/2009 2:31:00 PM
Shea 


Really? 
It's very frustrating for me to read both this article and these comments. I have no idea what the evidence for this case is, as I'm sure most of you do not either. It is not fair for us to blame the young girl who is involved or to villify the young boy. At this point, we have no idea what happened. The two of them do. There are two certain things here, though. The first is that legally no 14 year-old or 12 year-old can consent to having sex no matter how "physically" mature they are. The second is, regardless of whether or not this was an incident of sexual assault, Mr. Cannon is making statements far out of line. He should be fired for his lack of sensitivity and judgment. An administrator should not point fingers at students. Rather, the administrator should acknowledge any short-comings that may have led to an event and look for solutions.
  12/16/2009 2:11:16 PM
Anonymous 


Mustapha Cannon: Legal Expert? 
Mustapha Cannon is speaking out of turn. Parents, haul your daughters out of Portola- if they're attacked, Mustapha Cannon will say it was consensual and just a case of "raging hormones." Neither Portola or El Cerrito High School are safe right now- I was at an EC City Council meeting this week in which campus security at both schools was the subject. Talk to the EC police- they are SERIOUSLY worried about both schools. WCCUSD is a mess, the schools are a mess, and parents should get involved and start demanding better security and better leaders.
  12/16/2009 2:06:14 PM
Anonymous 


To An El Cerrito resident 
An El Cerrito resident - do you honestly think two middle school children would rush to break apart and report to an adult two students having consensual sex? By the way, how is this not rape? So if the victim knew her rapist, that automatically cancels out the rape? If the victim fooled around with her rapist before, that means that it is therefore impossible for him to rape her? Women don't just make up most rape allegations. The percentage of falsely accused rapes is the same as the percentage of falsely accused other crimes. Only in rape does our society have this logical fallacy that women wander around crying rape every time they don't like sex. We don't have the same narrative for other crimes. Let's see how idiotic your statement would be if you were responding to another serious crime: The boy was not robbed. IT WAS NOT A ROBBERY! The two were exchanging gifts on school grounds, they got caught. The boy thought the only way out was to pretend to be just another victim by claiming to be robbed. The boy was not murdered. IT WAS NOT MURDER! The two were innocently playing with weapons on school grounds, and they got caught. The boy thought the only way out was to pretend to be just another victim by leaping at the knife and stabbing himself. Duh. Your statement is ridiculous and offensive. Rape is a serious crime, and it is never the victim's fault that they were raped. Only the perpetrator's. Unfortunately, we have a different narrative for rape than for other serious crimes that you've obviously bought into.
  12/16/2009 1:48:40 PM
Anonymous 


12 years old = RAPE. 
No one is adult enough at 12, no matter what sexual development might be going on in his/her body, to choose intelligently and with full understanding of the consequences, to have sex. That's WHY the law sets up age limits for what can be considered consentual sex. The people who are participating in victim blaming need some serious counseling... as will both the girl AND the boy in this incident. This makes me sick.
  12/16/2009 1:21:46 PM
Anonymous 


Judgmental morons 
Lots of self-righteousness here from people who apparently have never spent any time around children of that age. If the act was consensual, and it is still rape or sexual harassment in the minds of some here, then I assume you're outraged by the fact that the girl has not been charged as well.
  12/16/2009 1:04:27 PM
Parent of Middle School Student 


New Comment 
Well, Mr. Cannon probably shouldn't of been so "Blunt" about the situation. I'm not saying that the 12yr old girl wasn't a victim, but before everyone assumes and points the finger, we should find out what the outcome of the investigation is. Parents, our children these days are maturing faster (physically maybe not mentally) and are envolved in activities that we wouldn't of done in our school days. I have a 12yr old daughter that attends a middle school in WCCUSD. I am shocked what my daughter comes home and tells me about what goes on at school. There is alot of boyfriend/girlfriend relationships and talk or rumors that some are having sexual relations. I DO NOT agree that this is appropriate at this age nor should it be taking place at school. We as parents need to get more involved in what our children are doing in and out of school. We need to monitor those My Space accounts, cellphones and the friends our children choose. As far as security/on-campus supervisors for schools, well parents what can we do? The school district has cut back so much that they do not allow us to have the proper supervision for our children. Lack of supervision allows children to have a sense of attitude that they can do what they want. I think what Mr Cannon was trying to state is that there is alot of peer pressure in our schools these days. A child thinks that if another child actions are thought of as "cool" then maybe if they acted in the same way they will be well liked amongst their peers. It also doesn't help that the role models our children look up to are the ones you hear on the radio or see in a provacative music video. Again, Mr Cannon should of been more cautious of what he stated to the public but, believe it or not, these situations are happening in our schools.
  12/16/2009 1:03:18 PM
Anonymous 


To An El Cerrito resident 
An El Cerrito resident - do you honestly think two middle school children would rush to break apart and report to an adult two students having consensual sex? By the way, how is this not rape? So if the victim knew her rapist, that automatically cancels out the rape? If the victim fooled around with her rapist before, that means that it is therefore impossible for him to rape her? Women don't just make up most rape allegations. The percentage of falsely accused rapes is the same as the percentage of falsely accused other crimes. Only in rape does our society have this logical fallacy that women wander around crying rape every time they don't like sex. We don't have the same narrative for other crimes. Let's see how idiotic your statement would be if you were responding to another serious crime: The boy was not robbed. IT WAS NOT A ROBBERY! The two were exchanging gifts on school grounds, they got caught. The boy thought the only way out was to pretend to be just another victim by claiming to be robbed. The boy was not murdered. IT WAS NOT MURDER! The two were innocently playing with weapons on school grounds, and they got caught. The boy thought the only way out was to pretend to be just another victim by leaping at the knife and stabbing himself. Duh. Your statement is ridiculous and offensive. Rape is a serious crime, and it is never the victim's fault that they were raped. Only the perpetrator's. Unfortunately, we have a different narrative for rape than for other serious crimes that you've obviously bought into.
  12/16/2009 12:19:49 PM
Anonymous 


To: "An El Cerrito resident " 
It's really disgusting to see how quickly people like to blame the victim. Glad to know you were there when it happened so you know it wasn't rape. Sex is happening, yes; however, that doesn't mean that rape doesn't happen, too.
  12/16/2009 11:44:18 AM
Bryan 


Victim Blaming is embarassing. 
Given the actual prosecution of this case and the actual prosecutions of even reported rapes (which is significantly lower than the actual number of rapes occurring in any demographic) it would be reasonable to assume the police have seen enough evidence to be convinced that this is a rape. As opposed to armchair speculation from the community at large or peers at school. Regardless of the opinions of someone who did not witness the event. Noteworthy also is that neither participant could legally consent to a sexual act in regards to state laws.
  12/16/2009 4:00:26 AM
Anonymous 


New Comment 
Okay, is there something to this no one is mentioning? Out with it.
  12/16/2009 1:20:29 AM
Anonymous 


New Comment 
My son attends Portola Middle School. The site supervisor shouldn't be speaking out in the manner he is, certainly-but it doesn't make him wrong. This isn't 1950, but somehow, when they walk through the doors the parents expect that their kids turn into angels like they might have been in the 50s and when they don't,everyone leaps to blame the school. The words that are used by the students in the school is that those two were "finally" caught. No one is surprised or shocked among the student body. This says a lot about the school and the staff, but it speaks volumes about the student body. Sex is happening in Junior High. Wake up parents, and see that your children are not innocent like you were at their age. 12 is not the same as when we were 12. Neither is 14.
  12/15/2009 11:59:51 PM
An El Cerrito resident 


Response to the "mother of a middle school daughter" 
First and foremost, THIS WAS NOT A RAPE. So in your arguments, ma'am, you are committing a circular logic fallacy; Mr. Cannon isn't "justifying" rape becuase it was never rape! Those two were having sexual intercourse on school grounds and when they were caught, the girl taught it would be her only way out to make-up a I'm-just-another-victim stroy so she doesn't get in trouble. I don't understand why you are incompetent to see this. And by the way, on another note, they won't "relief" him from his duties, they would be "relieving" him of his duties, learn English.
  12/15/2009 11:32:24 PM
A Portola Parent 


Putting some of these criticisms in context 
This is my 3rd year as a Portola parent. I don't know how many of the people above who are calling for heads to roll (specifically the principal and vice principal) have ever walked around the school and know its layout. The school is on a hill. The main building is 3 stories (including the cafeteria and theater on the lower level), with 3 separate stairwells. From the bottom level of the main building, one has to walk down 2 flights of concrete stairs to the mid-level, where there are several free-standing buildings and the gym. Taking several steps down from the gym, there is a large lower yard used for PE. I mention this because I think it would be impossible, even with surveillance cameras (which the district said it couldn't afford anyway) and 10 more than the current 3 site supervisors, to be monitoring every part of the campus all the time. Our administration is doing its utmost to make this school a safe learning environment. With funding from the PTSA, this year there are daily lunchtime activities to keep the kids busy and reduce lunchtime mischief that occurred the past several years. The librarian keeps the library open during both lunch periods so that kids can come in to read, play board games, and do homework. Parents are also helping to patrol the school and be an adult presence to keep opportunities for misbehavior down. What happened on Thursday occurred during class time. The teachers were in their classrooms teaching with the doors shut so that their students wouldn't be distracted; the vice principal was in his office doing his work (he seldom is without a student, a parent, or a staff person in his office, unless he's on the phone or doing paperwork). So yes, supervision of the stairwells and the rest of the school grounds was limited at the time, but those kids were supposed to be in class, and kids tend to figure out "safe" places even when there is extensive adult monitoring. The previous principal had kept all the bathrooms on c
  12/15/2009 11:10:23 PM
Anonymous 


so irresponsible! 
fire him!
  12/15/2009 8:56:18 PM
Anonymous 


The Solution 
Ladies and Gentlemen, it's high time for MCU (Mobile Castration Units). For Mr. Cannon and all rapists and sexual abusers.
  12/15/2009 8:27:46 PM
Mother of 3 


WHY? 
I want to first start this off by saying, my sympathies to the family of the girl in this incident. I want the school district and the news to pay close attention to this comment and feel free to reply, tell me why is it that the principal and vice principal of Portola Middle were suspended in this case when a more aggressive rape incident happened at Richmond High School? I do not appreciate the actions the school district took in this matter and it makes you think, is it because of the race of the latino principal at Richmond High, he should of been suspended too at that rate! The last thing I have to say is we as parents have to take responsibility for the way we are raising our children, it starts in the home, so blame whom you wish but bottom line, as a person who works for the school district, I see things that people may think their child doesn't do. True, they need more site supervisors but they are already cutting checks and hours at the school district, it's a no win situation. You have some school officials that are here just for the checks, it's sad but true, I have seen it all when it comes down to the school district. People remember you must first be a parent and site supervisors remember you are an authority not these kids friends, do your job. The principal and vice principal can only do so much, they are not to blame!
  12/15/2009 6:36:29 PM
Anonymous 


Did Mr. Cannon really say that? 
Perhaps Mr. Cannon should repeat his statements in front of the parents of the young girl who was raped. I wonder if Mr. Cannon had a young daughter who was raped, would find an excuse of "raging hormones" very palatable? Regardless Cannon's reasons, his statements are callous and insensitive. The school district's silence in this matter is stupefying at best.
  12/15/2009 6:24:54 PM
Anonymous 


New Comment 
sexual behavior has been going on in schools for a long time, and in most cases it is consensual. You can not blame the admin for our children actions. a 12 yr old girl does know what consensual sex is, i have seen girls younger then 12 have children.. parents need to wake up and become more involved in their children life. educate them.. stop blaming other people
  12/15/2009 5:52:16 PM
Anonymous 


New Comment 
This shouldn't happen in any school.
  12/15/2009 4:42:08 PM
Anonymous 


New Comment 
I agree Mr. Cannon needs to stop talking but he is right. The police rushed to judgment on this and these two knew each other and were "known" in the school community as being sexual with each other. This should NEVER be permitted at school and the whole place is practically on lockdown now. Kids being escorted to the bathroom, etc. As the mother of of a son, I am telling my teenage boy if he is getting friendly with a girl and she even hesitates, he needs to BACK AWAY. And it's never, EVER okay, to hurt someone. If he gets hurt, he is to report it immediately. I wish all parents would tell their sons (and daughters) this. Our kids need guidance and positive/caring adults in their lives.
  12/15/2009 4:12:53 PM
A mother of a middle school daughter 


Mr. Cannon is out of line. 
Fire, fire, fire this man. Whether the sexual act was consensual or not, does not give him the right to downplay any form of sexual harrassment or activity. If my child was attending this school, I will have a petition ready to go to relief this man of his duties.
  12/15/2009 4:11:34 PM
Anonymous 


New Comment 
is this guy speaking for the whole school district??? I CAN NOT NELIEVE SOMEONE WHO IS EDUCATED AN WORKS WITH CHILDREN HAD THE NERVE TO SAY THAT! THEY SHOULD HAVE BEEN DOING THERE JOB'S! FIRE THEM ALL!
  12/15/2009 2:20:44 PM
Anonymous 


New Comment 
omg ..more drama for our poor nd delining schooldistrict . Nd as allumni nd occasional site super. I'm ashamed of those comments he made.. our children need supervision not excuses to go porkin in the stairwells. This is not new nd has no place in our youths minds or hearts..I was young nd we all have desires ..but kids need supervison nd pump some real fear in them. Yes I'm a middle school parent. This sickens me. The act. The cover up. The excuses. No excuse for any of this ..need more concerned parents nd community..
  12/15/2009 2:20:41 PM
Anonymous 


Cannon's attitude criminal 
Oh, I see now. The only criminal acts here are on the part of all of the adults at school and home who have seriously fallen down on the job, eh?
  12/15/2009 1:17:10 PM
Anonymous 


New Comment 
Students and parents who know this girl and boy are saying these two should never have been unsupervised outside the classroom but it wasn't rape. The charge won't hold. Wait until the investigation is complete. She is scared and embarrassed. Both need to tell the truth about what happened in that stairwell. School staff's heads are on the chopping block because 2 stupid kids did something wrong, got caught, and now they have stirred up a hornet's nest of trouble.
  12/15/2009 10:43:18 AM
Anonymous 


Supervision 
Obviously Mr.Cannon was not supervising properly. This incident would not have happenend What a dumb --- statement to make.
  12/15/2009 10:27:38 AM
Anonymous 


Fire this guy 
This site supervisor should be fired for these out of line comments. Blame the victim! There is no such thing as consentual sex between a fourteen year old and a twelve year old victim. Popularity has nothing to do with this case! Get rid of this idiot before he talks more and makes even more damaging statements in the name of the school district. Is this really the school districts point of view? Wake up school district. This isn't 1950. Fire this guy.
  12/15/2009 10:27:33 AM
Karen 


Ignorance really is bliss? 
Fire Mustapha Cannon. Any sexual behavior is inappropriate in this setting. All responsible staff should be fired and a whole new administration should be put into place at this school. I don't even know where to start in commenting on the statements of Mustapha Cannon. I feel embarrassed for my species.
  12/15/2009 10:16:41 AM
Anonymous 


Huh? 
I guess this guy was speaking before his braid kicked in.
     
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