Thy Brother's Keeper

Fairfield Daily Republic 3-25-10

The Other Side by Kelvin Wade

It was sickening learning that a 16 year old girl was gang raped outside of her homecoming dance at Richmond High last October. Witnesses said as many as ten young punks took part in the assault, some kicking the girl in the head. Ten more watched and some took pictures on their cell phones. Seven suspects have been arrested for this brutal crime.
Unfortunately, the spectators cannot be charged with anything. While one is legally obligated to contact the authorities if witnessing a crime against someone 14 and under, shockingly, there is no law compelling bystanders to do anything to assist a victim older than that.
State Senator Leland Yee, Ph.D., Assistant President pro Tempore, is moving SB840 through the legislature that would make it a crime to watch the sexual assault, rape or murder of any minor and not alert the authorities. Assemblyman Pedro Nava has authored AB984 that would cover crime victims of all ages. Nava's bill passed the Assembly 61-3 in January. Both measures call for a $1,500 fine and/or six months in jail.
There are exemptions for relatives of the victim or offender. Also, if one has a reasonable fear for their safety they are exempt. A law shouldn't compel people to put themselves in harm's way.
Years ago, there was a case here of a woman who was assaulted in broad daylight, beaten and robbed outside a restaurant in Gateway Plaza. She had just withdrawn money she'd saved to start her own hot dog cart business. There were several witnesses who observed the assault and did nothing.
Their behavior was explainable. In 1968, researchers John Darley and Bibb Latane first demonstrated the 'bystander effect.' Their study showed that people observe others for social cues and if everyone is doing nothing, they do nothing. Also, people assume that others have surely already notified the authorities.
While the proposed laws would not have applied in the Fairfield case since the laws limit the crimes to rape and murder, we should get into the habit of reporting any crime we witness because that victim could be someone you love and care about one day. It could be you.
Of course there's a difference between someone watching a horrific crime confused and frozen in fear vs. another who is passively participating in it by watching and taking photos.
One of the witnesses of the Richmond gang rape said he was friends with one of the assailants. Nobody wants to be in the position of having to turn in a friend but if you don't, you're the worst kind of enabler. I've had to call CPS on a friend of mine and we haven't spoken since. But as much as I liked him, I couldn't turn a blind eye to what was going on with his kids.
There's a street mentality out there that says 'snitches get stitches.' We have to replace that with 'silence breeds violence.' Someone who would beat and rape a woman or assault someone in broad daylight is likely going to do it again. And the next victim's blood will be on your hands.
It's sad that we even need a law like this. Fear of culpability shouldn't be the motivator when watching a 16 year old be beaten and raped. Your conscience should be enough. Peace.