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Police Beat: Drug charges filed against former Hutchins Street residents

By Howard B. Owens

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.

Elizabeth Downie

"A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl."

Isn't that called statutory rape and not just sexual misconduct??

Aug 4, 2010, 10:00am Permalink
C D

As long as the age difference doesn't exceed two years, consensual sex doesn't fit the statue for rape of any kind or degree.

However, obviously, it does fit the statue for sexual misconduct. A misdemeanor.

I don't know either party, so I can't claim to know anything about the situation. I would speculate that either this girl is crying "regret rape", trying to save face and make the situation look like she was an unwilling participant, or (more likely) the girl's mother found out and is meddling in things that are not her business to meddle in.

Aug 4, 2010, 11:52am Permalink
dennis wight

if it was consensual, why aren't they both charged. why aren't the 6 pregnant girls in batavia middle school this year charged with anything

Aug 4, 2010, 12:14pm Permalink
Howard B. Owens

A 15-year-old girl shouldn't be having sex.

Of course, we know some do and will and that's never going to change.

A 17-year-old isn't that separated in age from a 15-year-old.

I don't get charging the 17-year-old.

If a much older woman had sex with a 17-year-old, she would be charged with a crime. Why? Because the 17-year-old presumably doesn't have the emotional maturity to make an informed choice.

So in this case, how is a 17-year-old presumed to have the emotional maturity to make an informed choice and therefore be charged with a crime. If he's old enough to make an informed choice regarding a 15-year-old, wouldn't he be old enough to consent if it were a 30-year-old?

Hopefully, I'm expressing this clearly. It seems like a possible double standard.

The boy had sex. If it were with an older woman, she would be charged with a crime, but since the girl is younger, he's the one charged with a crime.

I sympathize with the parents who are probably upset that their daughter had sex with an older boy, but if he didn't force her or trick her, is it really best to handle as a criminal matter?

Of course, we have none of the details surrounding the charge.

Aug 4, 2010, 12:46pm Permalink
George Richardson

If my fifteen year old girlfriend had said yes, instead of no, when I was 17 this could have been me. But she said no, so I never had to worry about it.

Aug 4, 2010, 1:27pm Permalink
Jodi Coburn

To Chris' comment......

At 15 I would certainly hope her mother still has a right to meddle in her business. What is she in 8th or 9th grade. She is certainly not old enough to be independent and providing her own food, clothing, and shelter. Obviously she is still in need of parental guidance and care.

Aug 4, 2010, 3:55pm Permalink
C D

@Jodi Coburn,

I was personally in a similar situation a few months ago. No parent, no friend, no one has the right to meddle in the affairs of anyone's private life when it puts or could put an innocent person in prison or jail.

That kind of stress changes a person and not in a good way.

Aug 4, 2010, 8:01pm Permalink
Teddy Ruxpin

I agree. She's 15, he's 17...2 years difference, and we don't know the details, but if he wasn't charged with rape, most likely she was willing and her parents were just mad that she is having sex with her boyfriend. So lame. And...I bet if the guy was 15 and the girl was 17, nothing would of happened. Hey parents! Stop calling the cops and learn how to discipline your children like real parents do.

Aug 7, 2010, 1:21pm Permalink

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