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Video of sex between girl, 25 boys investigated

Posted at 4:28 AM, May 25, 2016
and last updated 2016-05-25 07:06:29-04

Florida sheriff's detectives are investigating a cellphone video purportedly showing a 15-year-old girl having sex with as many as two dozen boys in a public high school bathroom after school.

Authorities originally decided not to pursue any criminal charges, but when the video surfaced and was sent to news outlets and posted online, detectives and the Florida Department of Children and Families decided to investigate further, Lee County Sheriff's Office spokesman Tony Schall said Tuesday. Schall declined to elaborate on what possible charges could be filed in the case.

According to a police report, the girl confirmed she had sex with a number of "willing males" in the bathroom on May 17. A detective watched a school security video and saw the teen boys walk into the restroom, the report said. The girl and her parents were unwilling to press charges, Schall said.

The video was posted on Snapchat and Twitter, and forwarded to local news media, and at least one TV station contacted police, Schall said.

Tampa-area defense attorney John Trevena said officers are almost certainly looking into whether anyone who shot cellphone video - or posted it - can be prosecuted under child-pornography laws.

"If a video was taken, it's unquestionably child pornography. There's no ambiguity there," he said. "Just the sheer volume of participants, allegedly 25 boys, suggests mental health issues with a 15-year-old girl. It should be investigated as a crime, taking advantage of someone with a mental health issue."

The case has stunned area parents, who are left wondering if the school is safe, and national victims' advocates.

"It just sort of takes my breath away," said Scott Berkowitz, the president of the Rape, Abuse and Incest National Network. "It's hard to imagine how something like this even happens."

Berkowitz said a key question is whether a 15-year-old can consent to sex. Florida's age of consent is 18, but state law contains a provision allowing 16- and 17-year-olds to consent to having sex with someone age 16 to 23.

The ages of the boys who allegedly had sex with the 15-year-old girl at the high school were still unclear, and school spokeswoman Amity Chandler said the district won't disclose how many students were disciplined. A note from principal Melissa Layner to parents said students were disciplined "quickly."

"Our school community has nearly 2,000 students," she wrote. "As part of their high school journey, our students will have the opportunity to experience great personal successes and they will also have experiences where they will learn from mistakes."