The case of the two 13-year-old McMinnville boys who declared “slap-a-butt” day at Patton Middle School is going to trial after all.

Friday, after a judge dismissed remaining misdemeanor sex abuse charges and recommended counseling for the boys, it looked like they would finish off their time in the limelight with an appropriate lesson learned.

However, Circuit Judge John L. Collins on Monday ruled that prosecutors — who initially sought felony sex charges against Ryan Cornelison and Cory Mashburn for slapping female students’ bottoms and touching their breasts — were not selective or arbitrary after all. The judge ruled that the boys will stand trial Aug. 20 on the remaining harassment charges

That’s a vindication of sorts for beleaguered Yamhill County District attorney Brad Berry, who has been roundly criticized for initially charging the boys with felony sexual abuse. Those charges were later reduced to misdemeanors, but still could have led to the boys’ being labeled as sex offenders.

Collins’ decision means that Oregon will again be in the news for a case that has garnered $38,000 and more than 15,000 letters of support for the accused.

It is a case where there appears to be little space between advocates for “zero tolerance for sexual harassment” and supporters of a “boys will be boys” attitude. Unfortunately, both extremes have failed to make this a teachable moment for the students, who have watched their elders’ less-than-decisive role modeling create an overheated discussion that seldom amounts to common sense. That is because the adults in charge, who should have set an example of level-headedness, have discussed the case in the “Did too! Did not!” tone of a school playground (or, for that matter, of a cable-TV news show). We’d prefer the measured tones appropriate to a matter of justice, education and child welfare.

After many weeks of media attention and speculation about how to proceed, we wonder: What is the real lesson that these boys and girls will have gained from the whole overblown brouhaha?

We can think of other, more effective ways that school officials, parents and fellow students might have involved law enforcement in this matter.

The boys (and some girls) involved in the unfortunate and vulgar “butt slap day” could have been obliged to write apologies, published in the local newspaper. They also should have been asked to apologize personally and publicly to the people they might have offended.

The simple wisdom of a “keep your hands to yourself” policy merits discussion.

And we’d hate to think that the boys concluded — based on the $38,000 raised in their defense — that they did nothing wrong.

They’ll certainly learn that Aug. 20. However, we wonder whether such an adult, public trial will serve to emphasize that education is what’s most needed here.

These boys (and some girls) should have known that school is no place for vulgar touching games.

The judge’s recommendation Friday that the accused boys undergo counseling sounded like the right way to go.

GT Reader Comments

The comments below are from readers of gazettetimes.com and in no way represent the views of the Gazette Times or Lee Enterprises.

HGO wrote on Aug 14, 2007 8:41 AM: " Hey Editors: If a Corvallis school mandated that you publish letters of apology from students, would you oblige 100% of the time? If not, your suggestion doesn't hold water. " Barefoot wrote on Aug 14, 2007 9:36 AM: " The $38K comes from people who think they did nothing wrong; I suggest none these had teenage daughters who had their breast groped. This kind of behavior is a step above school juristication- it is an assault, not getting caught in the washroom with a cigarette. " mjh wrote on Aug 14, 2007 10:42 AM: " First, the editorial board is certainly entitled to its own opinion, but not its own version of the facts. You state in the first sentence that the boys "declared 'slap-a-butt'" day. On what evidence is this assertion based? Second, you state that this should be a "teachable moment" for the boys. Yet, you do not acknowledge that it should also be a teachable moment for the DA. Though the boys' behavior is not to be encouraged, it does not rise to the level of a crime, and should offer an opportunity for school authorities and their parents to punish them. The DA's behavior is a travesty of justice from a bullying public official whose "teachable moment" should be provided at the ballot box. " Ellie wrote on Aug 14, 2007 10:55 AM: " Grabbing a woman's breasts and butt are a crime, sexual assault. Because the victims were middle school aged does not make it less of a crime. These kids are in a delicate stage of development, and the boys behavior was extremely destructive to the girls and could have long lasting mental effects. Kids have a right to feel safe from assault at school. The boys knew it was very very wrong. They may not have understood the full effects that their actions have on their victims, but most perpetrators don't. Juvenile court is the right place for this to be handled, as with all juvenile crime. " Barefoot wrote on Aug 14, 2007 12:00 PM: " Amen, Ellie. I wonder if mjh would be so open-minded if I fondled the breast of someone he/she loved- particularly a minor. " No Wink No Nudge wrote on Aug 15, 2007 7:30 AM: " How sacred are a young girl's body, soul and mind? Sacred enough to expect that they shouldn't have to endure this sort of junk while growing up. Learning to endure amidst a bit of childhood teasing (something we all had to grow through) is one thing, but to have uninvited hands on them? No way. I, for one, am for throwing the proverbial book at these boys; however, that book should be reasonable, too. Nonetheless, it is just as important that these boys realize the error of their ways as it is there be justice for the girls. Contrary to the GT's assertion that "education is what's needed here" what is most needed is punishment. That will be the best teaching tool. A kid can fool his way through counseling, but there's no avoiding the pain of punishment that costs. " B. Real wrote on Aug 15, 2007 11:32 AM: " You "guys" need to take it easy. Think about the bigger picture and who is being scarred for life here. Would you prosecute a 4 year old too? How about a 2 year old? Do you want to create a complex set of rules to deal with every age and every offense? The reason this is in the news is because its being handled by irrational people. Throttle back and think about the things that are really important for the whole state to worry about. Have a scarey talk with the boys, make them talk to the girls' parents and apologize and be done with it. " Jules wrote on Aug 15, 2007 11:41 AM: " No, it's not a "boys will be boys" thing. It's a "children will be children" thing. Both boys and girls were involved. Children learn by pushing their boundaries. What do they learn about life when a simple push of a boundary gets them national attention and a lifetime label of "sex offender", with all the associated lifetime punishment? Did they know what they did was "very very wrong"? Of course not. They are children. You cannot defend a minimum age of consent for sexual activity on the grounds of "being too young to know", and then claim that 13 year old children are old enough to know. " Ajai wrote on Aug 15, 2007 1:45 PM: " The DA overreacted, these are just children, after all, and they do not understand nor intend to cause trauma or psychological damage. They are not sex offenders, and labeling them that trivializes the label and those who have experienced intentional sex crimes. Was it wrong? Yes. Is it the equivalent of rape? Nope. " HermantheGerman wrote on Aug 19, 2007 5:31 AM: " Americans are so prude, it's unbelievable!! In most parts of the western world, people will laugh about this incident. I'm absolutely speechless... " Lilith wrote on Aug 20, 2007 9:04 PM: " Should this have been a felony case? No. But the fact that there obviously must have been great pressure on the girls to retract their statements and subsume their rights to not be treated as public objects available for groping sickens me. I don't believe that the boys didn't understand what they were doing. As the teacher who submitted the initial complaint pointed out, none of the bodily areas targeted were non-sexual. What they didn't understand is that girls are people too, to be treated with the same respect they themselves would want to be treated. I think ultimately the message that was sent was that what they did was really no big deal. That all you have to do is claim ignorance of the impact your actions have and you will get off scott free. This is the same excuse that has been used since time immemorial to excuse violation of women in general. Just another cultural reinforcement of the idea that boys will be boys and the girls can just shut up and take it. " Jabarie wrote on Aug 21, 2007 8:40 PM: " Why were the boys arrested for slapping butt when there were girls doing it too? "

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