Jurors are expected to resume deliberations this morning.
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St. Paul’s, whose alumni include powerful business and political leaders such as Secretary of State John Kerry, has said the “Senior Salute” does not reflect its values.
A police detective testified Labrie told her he halted their escalating sexual contact that night during a moment of divine inspiration.. She acknowledged on cross-examination that she helped Labrie remove her shirt and trousers and said she didn’t protest because she didn’t want to be offensive.
Prosecutor Joseph Cherniske then delivered his closing argument, reminding the jury about the evidence presented in the case.
If the jury believes that the two students had sexual intercourse, Labrie will likely face at least a misdemeanour charge, as the female student was 15 years old, and unable to give consent due to her age.
Labrie contends the two had consensual sexual contact but not intercourse. The girl testified that she kept their conversation light to ascertain whether hed worn a condom.
The jury of 11 men and three women, including two alternates, will decide if Labrie is guilty.
Prosecutors say Labrie raped the girl at a campus building previous year before graduating from St. Paul’s School. He chose the location and brought with him a blanket and a condom.
The judge is now instructing jurors on the law. He recounted how the witness described how she said “no” to Labrie three times during the encounter and afterward she was “frozen in fear”.
But Cherniske told jurors Thursday the messages show that Labrie did carry out the act.
Prosecutors say he raped the girl two days before he graduated as part of a school tradition in which seniors seek to romance and have sex with younger students.
Cherniske asked, “Does that mean she can’t change her mind?” Labrie said that was likely in reference to the fact that he and the alleged victim’s sister, who was in Labrie’s year, briefly dated when they first started attending St. Paul’s School.
During his closing statements, defense lawyer Jay Carney accused the faculty of turning a blind eye to the school tradition that allowed the incident to take place, the so-called “Senior Salute” – in which graduating students try to “score” with underclassmen.
His accuser testified that he forced himself on her after she said “no”, and she “froze”.
Cherniske told jurors that Labrie was telling the truth the first time he was boasting about what he had done, not lying.
“I thought it was so much easier to say it was (consensual) at that point”, she said.
Labrie’s attorney reportedly said the jurors can not trust the 16-year-old girl – claiming she lied on the stand about talking to her friend about her sexual expectations that night. Carney emphasized that the girl’s underwear and bra never came off during their encounter May 30, 2014.
“[The victim] said no, she said it with her words, she said it with her actions and he had sex with her anyway”. He asked them to weigh that against the improbability of Labrie’s version, in which he comes within seconds of having sex and then suddenly thinks twice.
Labrie and the girl had arranged to meet as part of the senior salute.
Alleged victim: I was feeling violated and I felt like I wasn’t… Reporter: The senior salute, a current school tradition at the center of this case.
Labrie acknowledged Wednesday that he bragged to his friends he and the girl had sex and he had to use every trick in the book for it to happen.
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Lawyers began their closing arguments Thursday.
