Former Miami University student pleads guilty to posting 'rape flier'
Mario Ramirez , Jay Warren, Jay.Warren@wcpo.com
8:32 AM, Nov 8, 2012
11:55 AM, Nov 8, 2012
OXFORD, Ohio - The former student responsible for posting a controversial flier on "ways to get away with rape" pleaded guilty to disorderly conduct Wednesday. The teen's case has been sealed, which prevents revealing the former student's identity.
The flier described the "top ten ways to get away with rape," and police say it was very detailed.
The flier, found in a bathroom at a freshman co-ed dorm in early October, offered suggestions such as putting drugs in a woman's drink, wearing protection and slipping into an unlocked window. It was removed Oct. 8 from McBride Hall.
Many argued about whether or not the posters are protected under free speech.
A Miami University spokesperson says the incident was handled through their disciplinary process. The individual is no longer a student but it's unclear if he was expelled or withdrew from the university.
The request to not name the victim was made by the defendant's attorney and was not objected to by the Butler County Prosecutor Mike Gmoser.
"This is a common practice in misdemeanor cases and I didn't object to it," said Gmoser Thursday morning.
In a statement Gmoser said:
The Miami rape flier issue concluded with the principal author/offender entering a plea of guilty to disorderly conduct. His acceptance of responsibility is noteworthy in the face of contentious positions by those favoring or opposing any constitutional limits on the meaning of speech. Anyone advocating murder to silence a witness or victim will always get my attention and by comparison I expect anyone advocating the execution of a federal judge will also get a visit from a federal marshal or U.S. attorney. There should be no debate that cases involving freedom of expression are determined by facts and circumstances of each individual case. Authorship of outrageous words alone is usually not enough to remove constitutional protections. The actual intent and context are all important as they were in the consideration of this case. Fortunately, a forest of trees will not have to be turned into legal briefs to argue the issue to higher courts and no one was incited to cause injury. Miami University acted responsibly to mete out appropriate discipline, my office and police authorities acted appropriately to consider and fully investigate the circumstances of the publication and the now former student took responsibility for being book smart and socially stupid. I expect the latter will change, as he has shown through his acceptance of responsibility for his words, that he can change for the better.
"I didn't want to add further punishment by making his name public," Gmoser said.
The charge is a minor misdemeanor punishable by a fine of up to $100.