April 9, 2013: No civil suits have been filed, but "letters have been written" by attorneys have notified "at least some of the people who own the homes mentioned during the trial, possibly others....to notify their homeowner insurance companies....that they may be subject to a liability claim in civil court," according to Eric Minor of Steubenville NBC station WTOV.
The story, reported yesterday by Alexander Abad-Santos in The Atlantic wire, is covered in as much detail as can leak during the tightly closed investigations of a grandy jury, called by Ohio Attorney General Mike deWine to examine whether adults were criminally negligent or if more charges should be filed. Abad-Santos writes:
[For] the adults who own the houses where the multiple attacks occurred [there are] unanswered legal questions: Where were the parents when a 16-year-old girl was being raped in an alcohol fueled night of partying? Who else could be held responsible for a sex crime with an online diary? And what is the new line of privacy for football post-game party hosts when the party turns into a national dialogue? Local law experts and an examination of testimony about the three houses in question reveal that, well, the grown-ups in Steubenville might get off the hook — and the jagged puzzle of accountability may go unsolved...
Why? Abad-Santos asked Sarah Rudolph Cole, an Ohio State Univ. law professor, what consequences there may be for the three sets of parents whose houses were locations for the migrating partyers.
...Cole told The Atlantic Wire Monday that the "bottom line is that you can be sued for these things, but liability will likely turn on whether it was foreseeable that a drunken minor would, more likely than not, cause physical harm to another person."
In an email exchange surrounding simple questions — whether or not you can be sued in Ohio for a rape that occurs in your home, or for the underage drinking that court evidence says led to it — Cole insisted that Steubenville party suits wouldn't be that clear cut: "Typically, an adult who provides alcohol to a minor owes a 'Duty of Care' to that minor. So the adult would have a duty of reasonable care to the drinker and likely, if it is foreseeable that the drinker might harm someone else, a duty to protect that person."...
California's Penal Code (272 PC) is surprisingly namby-pamby on this issue, and is focused primarily on the responsibilities of keeping a minor who has been drinking in your home from getting behind the wheel of a car. From House Law, a site dedicated to reassuring potential defendants:
You contribute to the delinquency of a minor anytime your actions lead a minor down a path towards criminal behavior, truancy from school or becoming a dependant of the juvenile court. This law not only applies to adults, but to minors who contribute to other minors’ delinquent behavior as well. And because this law is so broad, there are a variety of acts that can subject you to charges for this offense.
Penal Code 272 PC is a wobbler, which means that prosecutors may file it as either an infraction or a misdemeanor, depending on the circumstances of the offense and your criminal history...