A former Miami University student charged with posting a "Top Ten Ways to Get Away with Rape" pamphlet in a co-ed dorm bathroom in October, has been let go by a Butler County judge, Rob Lyons.
Lyons closed the case without revealing the name of the accused. The student was allowed to withdraw his guilty plea in a hearing on Dec.13 and prosecutor Michael Gmoser was asked to drop the charges.
Lyons said that sealing cases is something he does routinely for students. He said that the charge against the student was "insignificant" but described the behavior of the student as "offensive," Daily Mail reports.
Then, the Cincinnati Enquirer, a daily newspaper in Ohio, challenged Lyons decision for improperly sealing the records and sued him. "Safety for all and fair justice for suspects is among our most important expectations of government," the Enquirer Editor and Vice President Carolyn Washburn said, The Independent reports.
Washburn said that when a judge does not punish the accused, it does not make a community feel safe.
The case was again dismissed by Lyon for the second time at the request of the student's defence attorney, Dennis Deters. Lyons said that the second sealing was meant to correct the mistake he made with the first sealing in November.
The Enquirer then approached Ohio Supreme Court to order Lyons to withdraw his sealing order and re-open the file again.
"It goes to the heart of the public's right to know. The public is denied the right to observe the proceeding," The Enquirer's lawyer Jack Greiner said.
As a result, the case is still pending.
'If you went to any college town, the number of sealing's is very high because we have such a high degree of students that get convictions," Lyons said. "You've got kids with indiscretions that want their records sealed before they start applying for graduate school or go to the job market."
Lyons has asked the Ohio Supreme Court to dismiss The Enquirer's appeal.
The pamphlets caused anger in the university as it encouraged people to rape unconscious women and female students. The flyer included tips like "practice makes perfect," "the more you rape, the better you get at it" and "if you're afraid that the girl will identify you, slit her throat."
