An Upper St. Clair teenager accused in a series of sexual assaults in the high school faces up to four years of incarceration following a hearing yesterday in Allegheny County juvenile court.
The boy, who was a 14-year-old freshman at the time, was accused of raping three female students in a secluded stairwell after school hours in early February.
Though his hearing before juvenile court Judge John T. McVay Jr. was closed, and the case subject to a gag order, people close to the case said the boy admitted sexual assault but not the more serious crime of rape.
Though there is a difference between the amount of time each crime carries -- rape is a first-degree felony, punishable by up to 20 years in prison, while sexual assault is a second-degree felony, with a maximum term of 10 years -- for the boy, experts say it won't matter.
Because the case is in juvenile court, the maximum penalty the boy could be subjected to is four years' incarceration, said Barry McCarthy, a juvenile law professor at the University of Pittsburgh.
If special circumstances warrant, prosecutors could push for that time to be extended until he turns 21, but at that point, he must be released.
"It doesn't matter if it's rape or sexual assault," Mr. McCarthy said.
The boy, whose name is not being released because he's a juvenile, was initially charged with rape, simple and aggravated assault and terroristic threats, stemming from a series of incidents from November to February.
The attacks were brought to light in February after one of the girls who was attacked in the stairwell went to school officials.
The suspect originally was held in Shuman Juvenile Detention Center but was later released to his family on electronic monitoring.
Because he was adjudicated delinquent as a juvenile, when the boy becomes an adult he will not be considered to have a criminal record.
"When they ask have you ever been convicted of a crime, he can honestly answer no," Mr. McCarthy said.
The case also has resulted in a federal lawsuit filed in June by the family of one of the assault victims. The student, identified in the lawsuit as Jane Doe to protect her, filed the lawsuit against the district and a number of officials there. In it, she and her parents claim that school officials were aware that the teen, identified as Michael Roe, committed previous sexual assaults on the girl but failed to take appropriate action.
The family is seeking unspecified money damages.
School district officials previously have said they believe the district acted appropriately.
School District Solicitor Theodore Brooks last night said he had no comment on the juvenile court proceedings.
