Dear Elisabeth, After the 377 Judgement, in India the case would be tried under the Section 377 of the IPC as read down by the High Court of Delhi. The children involved are deemed not to be capable of giving valid consent and therefore even if the act was actually consensual, the dean would still be criminally liable. If Convicted he could face upto 10 years in jail or can even be given a life term.
Best, Aditya B On 09/08/2009, myonepe...@aol.com <myonepe...@aol.com> wrote: > > > > Ashok, Aditya, Vikram, Asfan - > > As a graduate of The Gunnery School in Washington, CT, USA...forty years > ago...I have been watching the development of this case over the last > week...and have been trying to understand how a case of homosexual > pedophilia against a teacher would be pursued in India.. > > In the USA...this case was kept under cover for two months to allow the > police to properly investigate the allegations...at the time that the police > had developed sufficient corroborating evidence from other students...the > charges were laid against the teacher and he was arraigned before the > court...he paid $750,000.00 ( 3.75 crores) as bail and had to turn in his > passport...some reports indicate that if convicted he could spend anywhere > from 3 to 60 years in prison.. > > In the USA the teacher is presumed to be innocent until proven guilty...so > many of the case details have been sealed from public viewing...both to > protect the teacher and the students...and to permit the police to further > investigate the teacher, about 4500 students he had contact with over the > past 15 years, and the teacher's friends and acquaintances.. > > Needless to say...even if this man is proven innocent...it will very hard > for him to ever find work dealing with children again.. > > What do you imagine would happen with this case here in India?? > > See story and/or link below.. > > Elizabeth > > Former Gunnery Dean Charged > > http://www.zwire.com/site/news.cfm?newsid=20356504&BRD=1655&PAG=461&dept_id=13091&rfi=6 > > By: Tracy Kennedy > 08/07/2009 > [image: email this story]Email to a friend[image: post a > comment]<http://www.zwire.com/site/?brd=1655&pag=795&newsid=20356504&action=submit>Post > a > Comment<http://www.zwire.com/site/?brd=1655&pag=795&newsid=20356504&action=submit>[image: > printer > friendly]<http://www.zwire.com/site/printerFriendly.cfm?brd=1655&dept_id=13091&newsid=20356504> > Printer-friendly<http://www.zwire.com/site/printerFriendly.cfm?brd=1655&dept_id=13091&newsid=20356504> > Three students reported to police that former Gunnery School Dean of > Students Robert Reinhardt sexually assaulted them at the school, but there > may be more alleged victims. > > > "The investigation is ongoing," Assistant State's Attorney Terri > Sonnemann said Wednesday. > Mr. Reinhardt, 45, was released from state custody after posting a total > of $750,000 bonds in three cases. He traveled from his home in Telford, Pa., > where he has been living with a sister for the last two months, to surrender > at the state police barracks in Litchfield at 6:09 a.m. that day. > "He intends to plead not guilty," Mr. Reinhardt's attorney, William Dow, > said. "We've had some preliminary investigation, and it appears there is a > valid defense of the charges and we intend to pursue that." > Mr. Reinhardt, who is also represented by attorney Mark Rembish, is > scheduled to appear in Litchfield Superior Court Sept. 1. > Judge Charles D. Gill sealed the arrest warrants in the three cases. All of > the five criminal charges depict incidents that occurred in Washington, > where the prestigious private boarding school is located. According to the > charging documents, the state alleges that Mr. Reinhardt had sex with a > student under 16 years of age on "divers dates" from April 2007 until June > 2008, committing the crime of second-degree sexual assault. > In a second case, the state alleges Mr. Reinhardt had sex with another > student under the age of 16 between October 2007 and May 2009, charging him > with second-degree sexual assault and risk of injury to a minor. > The third case alleges Mr. Reinhardt committed fourth-degree sexual assault > and risk of injury to a minor, by having sexual contact with a minor June 2, > 2009. > The State Police, which is continuing its investigation, stated that it > "initiated a criminal investigation" in June after the parents of the > student in the third case filed a complaint. The Washington resident state > trooper began the investigation, which led to two more students coming > forward and the issuance of three arrest warrants. > "The allegations demonstrate a complete abuse of power," Ms. Sonnemann > said. > Judge Gill ordered Mr. Reinhardt to surrender his passport and to stay away > from students at The Gunnery. No general conditions were ordered about > having contact with minors. > Mr. Reinhardt, who was employed by the school for 13 years, as a chemistry > teacher and crew coach, lived on the 220-acre Gunnery campus in a dormitory > where he served as a dorm parent. > "His place was a hangout for kids," Attorney Susan K. Smith said. She > represents one of the three complainants that reportedly came forward. > Attorney Richard Kenny represents two others, she said. > Private schools are fertile ground for pedophiles because children live on > campus and have less contact with their parents, Ms. Smith said. "We see > predator pedophiles get themselves involved in professions and activities > involving children where they get automatic trust of children and exploit > them to their benefit," she said. "They know how to groom and abuse these > children and gain their trust." > She said the complainants are considering a civil suit against Mr. > Reinhardt. > "We are monitoring the criminal case at this point, and we want to let the > state police and prosecutor do their job," Ms. Smith said. > When the school was contacted, Head of School Susan G. Graham issued a > statement that the safety of students at the school is a top priority. In > June, when The Gunnery learned about the allegation, the school reported it > to child welfare authorities. > "The faculty member in question has left the school's employment. We take > this matter very seriously and are fully cooperating with the authorities in > this matter," Ms. Graham's statement said. > The allegations against Mr. Reinhardt are almost as serious as a > conviction, Mr. Dow said. > "Our investigation shows he was highly regarded by other professionals both > at his school and elsewhere," the attorney said. > "Attempting to preserve the constitutional right to a presumption of > innocence in these types of cases is very difficult," Mr. Dow said. "It's a > nightmare for anyone accused of these types of crimes, but especially for > someone in his position." > > > *©The Housatonic Times 2009* > > > ------------------------------ > > > -- Do not print this mail unless really necessary. Save paper, save trees..!! If you loose your way while SCUBA diving, the safest direction to head for is UP..!!!
