Rape case involving Edison High students closed, dismissed

Cary Ashby • Jul 22, 2013 at 11:03 PM

"The victim in this case has been my son."

The Milan mother is referring to her 16-year-old son, who had been accused of raping his 15-year-old Berlin Heights girlfriend. According to the Erie County Sheriff's Office, the girl in June had accused the boy of raping her multiple times at his family's Milan Township home over several months. The girl reportedly had said she didn't report the allegations because she was afraid and didn't want the suspect's friends to harass her.

"The rape charges she had filed have been closed," said the boy's mother, who said the proof is in the hundreds of "very graphic" text messages between the teens which indicate they had been planning to have sex.

The texts included the girl saying what she was going to wear, that she hoped he would like what she wore and she was looking forward to having sex with him, the mother said. Attorneys for both the boy and the girl have the texts.

"They had planned on having sex the next day. ... They didn't have sex. They were planning on it," she said. "It was an ongoing, four-month relationship and they fell in love."

Chief Deputy Jared Oliver confirmed that Erie County prosecutors won't be filing any charges against the woman's son.

"Between interviews and phone records, we were able to determine that the action between the juveniles was consensual. ... The prosecutor's office agreed," he said.

"I know we referred it to the prosecutor's office and the prosecutor's office decided no charges would be filed. That's based on the evidence we gathered during the investigation," Oliver said.

The mother talked in detail with the Reflector about the consensual nature of the relationship.

She also shared what her son reportedly told a detective about the day he and his girlfriend attempted to have sex when his parents weren't home. The mother said the two kissed on a couch downstairs for five to 10 minutes before the girl took up her son's offer to go upstairs.

The mother said the two teens took off each other's clothes and they put a condom on him. She also said they attempted to have sex, but her son eventually said they shouldn't have sex because he "was scared to death my parents were going to kill me."

"He said he never penetrated her. They never had sex," she said.

When detectives asked the boy why he and the girl didn't later attempt to have sex after the first incident, he said he "only had one condom," his mother said.

The mother said her son wouldn't have bought another one because he's too shy. She used the example of when he took his previous girlfriend out to dinner at Olive Garden that she had to go inside and ask for a table for two while her son stayed in the car.

"That's how shy my son is," the mother added.

After her son and the girl attempted to have sex, the mother said there were several incidents of oral sex by each other -- with the first time initiated by the girlfriend, who wanted him to perform oral sex on her.

"That's not someone who's been raped, obviously," she added.

Her son's accuser isn't his first girlfriend. However, his mother called this "the second serious relationship she's had."

Consequences, CPO

"I believe (my son has) been punished enough. This has ruined not just him, but his entire family," said the mother, who has lost a lot of sleep over the rape allegations and the consequences.

As part of a civil protection order (CPO), the boy wasn't allowed to contact the girl or go onto the premises of Edison High School.

His mother said as of Wednesday, the CPO had been amended so her son, an athlete since age 6, is allowed to go to the gymnasium. However, he missed two baseball games, four of five days of varsity basketball camp and "many days of open gym." The teen plays three different sports.

"The victim in this case has been my son," she said about the boy, whom she calls "a three-sport letter winner."

"He might not touch another girl until he's 30 ... and that's fine with me," said the woman, who believes the rape allegations could have a long-standing psychological impact on her son.

She also has worried about a younger son and how the girl's accusations could affect him and his reputation.

"It's affected my whole family," said the mother, who often went to work on two hours of sleep because of this case.

On the plus said, she said there have been many friends who have supported her family "100 percent."

"A lot of the families have been wonderful at Edison," the mother added.

There is an Aug. 9 hearing in Erie County Juvenile Court on the CPO.

The mother said her son's attorney has determined there's "no grounds" for the protection order while the girl's attorney wants the boy's family to sign off on court documentation that essentially says "oops -- my bad."

"They want to settle before the Aug. 9 hearing and we said no," the mother said.

The woman is considering filing a civil lawsuit against the girl and her family.

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