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'Hazing is not a defense' in high school sexual assault case: Weber

'Hazing is not a defense' in high school sexual assault case: Weber

(NewsNation) — After six high school baseball players were charged with rape in South Dakota, the state prosecutor is disputing the defense's main argument, saying that its "hazing ritual" claims only serve to make this a much larger issue potentially. 

The charges stem from the alleged sexual assault of two teenage boys in June, and all six defendants have entered "not guilty" pleas. The defendants argue that what occurred during a summer tournament was part of a "team hazing ritual" and not sexual assault.   

“I also think it’s very important for people to understand that I do not think that this was an isolated incident within the Mitchell Legion baseball team. I do believe that this was a culture of repeated behavior that had been going on for possibly years,” Pennington County State’s Attorney Lara Roetzel said.

NewsNation legal analyst Jesse Weber said on “Elizabeth Vargas Reports” that although hazing cases typically involve underage drinking, the repeated pattern of such assaults over the years is quite unusual. He pointed out that the statute of limitations for second-degree rape in South Dakota is seven years, allowing for further investigation into past cases without time constraints. 

“Hazing is not a defense. You can't consent to a crime being committed against you, because of that undue coercion, that undue pressure in this kind of environment,” Weber said. 

The judge allowed one of those accused to be in the same school as one of the victims, but the judge ordered him to stay at least 30 feet away from that victim.

The victims have been put in a difficult position, according to Roetzel, because the community hasn’t been as supportive of them as she hoped.  

Weber anticipates more individuals may come forward, potentially implicating others.

All six suspects are scheduled to be back in court Feb. 6, 2024. 

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