BishopAccountability.org

A look back at Owen Labrie’s sex assault case he continues his appeal process

By Rachel Desantis
New York Daily News
November 28, 2018

https://www.nydailynews.com/news/national/ny-news-owen-labrie-sex-assault-case-appeal-process-20181127-story.html

Owen Labrie will head to court Wednesday to continue his fight for a new trial.
Photo by Elizabeth Frantz

The incident occurred at St. Paul's School in Concord, N.H.
Photo by Jim Cole

Chessy Prout wrote of her experiences in a memoir released in March.
Photo by Mark Lennihan

Owen Labrie, the former New Hampshire prep school student convicted on felony charges that stemmed from a rape allegation, is headed back to court Wednesday as he continues to fight for a new trial.

The 23-year-old Labrie will reportedly argue that his legal team was ineffective in defending him against “certain uses of computer services prohibited,” of which he was found guilty in August 2015.

It was Labrie’s only felony conviction (he was found guilty of four misdemeanors, including sexual assault), but it came with a lifetime on the sex offender registry.

Labrie was 18 and a student at the prestigious St. Paul’s School in Concord, N.H. in May 2014 when he sexually assaulted a 15-year-old freshman girl as part of an alleged school ritual in which seniors compete to sleep with the most underclassmen.

The encounter began with an email inviting the girl, who later identified herself as Chessy Prout, to what was dubbed the “Senior Salute” – and it’s that email that Labrie and his legal team have continued to fight.

Earlier this month, the New Hampshire Supreme Court ruled unanimously to uphold Labrie’s felony conviction and declined to grant him a new trial.

“The defendant’s actions prior to, during, and after his encounter with the victim support the jury’s finding of the requisite intent at the time he sent the computer communications,” Chief Justice Robert Lynn wrote in the decision.

Labrie’s argument hinges on his claim that the state failed to prove his intentions with the email sent to Prout were to “seduce, solicit, lure, or entice” her.

The State’s opinion claimed that at St. Paul’s, invitations to Senior Salutes were widely known to imply sexual intercourse – and Prout later said she turned down Labrie’s initial invite because of his “really, really wrong” intentions.

Labrie had briefly dated her older sister, and Prout had heard rumors that he was involved in a competition for sexual conquests – but after Labrie had a friend of Prout’s drop a good word for him, she changed her mind.

The two agreed to meet, and eventually did in a school building boiler room. There, according to court documents, Labrie attempted to remove Prout’s underwear twice despite her protests, before he eventually had sex with her.

Despite the two agreeing not to talk about their encounter, word quickly spread, and Prout visited a local hospital for a rape kit, which eventually led to an investigation.

The court’s opinion defended its decision to convict Labrie on the grounds that the assault was pre-meditated, claiming that the former student had long harbored a crush on Prout, and that her name had been included on a list of potential conquests in all capital letters.

“To persuade the victim to reconsider her initial declination, (Labrie) convinced a friend of the victim’s to put in a good word for him; a request that exhibited the defendant’s persistence in pursuing the victim,” the opinion read. “He then guided the victim to a secluded room on campus where it was unlikely they would be interrupted. (Labrie) also brought a blanket and a condom to the outing – further evidence of his intent to have sexual intercourse with the victim – both of which he ended up using.”

Labrie was sentenced to a year in jail upon his conviction, and was ordered to start serving his sentence after he was taken into custody in March for missing curfew, thus violating one of his bail conditions.

The 23-year-old has asked a judge to suspend the rest of his sentence in preparation of his second appeal.

His legal team was previously led by Boston attorney J.W. Carney, whose resume includes high-profile clients such as late Boston mobster Whitey Bulger. Labrie was previously acquitted of three counts of felony sexual assault.

His new attorney, Jaye Rancourt, said in court documents Monday that her client has “essentially been under house arrest for over two years,” and that he’s struggled to find full-time employment due to his restrictive bail conditions.

She requested that he be allowed to attend a work release program or home confinement should the judge decide not to suspend his sentence, which she claimed “serves no purpose.”

Prout, meanwhile, has emerged as a leading advocate in the fight against sexual assault, and published a memoir on the case in March, called “I Have the Right To: A High School Survivor’s Story of Sexual Assault, Justice and Hope.”

“I wasn’t given the luxury of staying quiet,” she said on the “Today” show. “My name was blasted on the internet… So I decided to kind of reclaim my name. I wanted to reclaim my name, reclaim my story, because it is difficult for a survivor to come forward like this.”

 




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