Two youths aged 14 and 17 have been charged with raping a 15-year-old Fort Hunt High School student in a school bathroom on Oct. 3, police said yesterday.
The counts are the first rape charges filed in the alleged incident, which took place in a girls' bathroom at the school during a junior varsity football game between T.C. Williams and Fort Hunt. Jeffrey Lewis, 19, was charged last month with abduction with intent to defile in the same case.
Fairfax prosecutor Robert F. Horan Jr. said yesterday that four or five other persons -- all juvenile males -- were present in the bathroom during the assault on the girl, but he said none of those spectators would be charged.
"Those who actually participated in the act . . . have been charged," Horan said.
The 14-year-old, a student at Alexandria's F.C. Hammond Junior High, was arrested yesterday morning, police said, and was being held overnight in the Fairfax County Juvenile Detention Center. Hammond principal James Wilson refused to say whether the school had taken any action against the youth.
The 17-year-old, a senior at Alexandria's T.C. Williams High School, has been charged, police said, but as of late yesterday police had not yet arrested him. The principal of T.C. Williams, John Porter, said he suspended the youth Monday and recommended that he be expelled.
If the two are convicted of rape, the maximum penalty they face is incarceration in a juvenile facility until they reach the age of 21.
Horan said neither of the youths charged has a prior record, and he said he doubted he would seek to have the older youth tried as an adult. The 14-year-old cannot be tried as an adult.
Some of those who watched the attack will be called as witnesses, Horan said. "I think it's morally reprehensible that anyone would stand there and watch what occurred without calling the police or school officials," he said. "But the function of the commonwealth's attorney's office is to enforce the law, not the moral standards of the community."
Despite initial police reports to the contrary, Horan said none of those who watched the attack encouraged it by cheering or jeering. Had there been any verbal encouragement, he said, the spectators could have been charged.
Police said the victim was abducted from a parking lot and taken to the bathroom, where she was raped twice.