RICHMOND—
Could you go to jail if you witness a crime, and do nothing to stop it? What if you witness a crime and don't call police?CBS 6 was curious about Virginia laws regarding this subject, because it's being talked about out in Richmond, CA. Police there say that a California law may make it impossible for them to prosecute the people who saw a teenage girl being gang raped outside a school dance, and did nothing about it.
In California, there's a state statute that says you must alert the police if you witness a child age 14 or under being sexually assaulted. But there's no law requiring the same for people over that age of 14.
Here in Virginia, much like California, the law does not require you to call police if you witness a crime. But if you stand there and cheer the crime on, like nearly two dozen teenagers in the Richmond case allegedly did, it's a whole different ball game.
"When somebody is cheering on or taking part of the crime, prosecutors will charge everyone around in hopes of gaining leverage from against just watching to testify against the perpetrators," says CBS 6 legal expert Todd Stone. "Legally, if you're present, you are aiding."
The worst gang rape case here in the metro Richmond area took place in Libby Hill Park back in August 2004. An 18 year old woman was at a picnic table with her boyfriend, when they were approached by four teenagers.
The boyfriend was ordered at gunpoint to keep his head down as the teens took turns raping the woman. All four were caught and convicted. Each one is now serving just over 30 years in prison.
