For anybody even remotely considering this
stunt (adequately explained in the definitions) or for those who somehow think the idea of a donkey punch is amusing, I have the following
opinion from a prosecutor at our
local District Attorney's Office:
Donkey punching is easily indictable as a serious felony on
two counts.
First: deadly assault. A blow to the back of the
head is can easily cause a severe or fatal
brain stem injury;
even no-holes-barred professional fights ban it.
Second: it is
rape, pure and simple. The logic of this would be easily understood by any jury. The object and motivation of donkey punching is clear and unambiguous: it is to render the victim unconcious and thus incapable of saying "NO" to
something the victim would ordinarily and vigorously object to.
Our office, given proper evidence would, with great eagerness and dertermination, prosecute a
case such as this. The probablility of conviction would be virtually certain. Furthermore, we could convincingly argue that the perpetrator(
s) are to be regarded as dangerous
sex criminials and thus pose a clear community danger while awaiting trial. Few judges would deny our argument that the perpetrators should be imprisioned while awaiting trial.
In addition, there is ample precedence for conviction of those encouraging these crimes on seperate felony crimes of aiding and abetting a sexual assault. A viewing of Jody Foster'
s "The Accused", based on an actual
rape conviction, should make this plain to people.
In the
case of a prearranged or planned assault, an additional and more serious charge of conspiracy would be added to the indictment.
