Supreme Court Denies Justice To Texas Cheerleader Who Refused To Cheer Her Alleged Rapist
By Marie Diamond, 1304
Posted on May 8, 2011, Printed on May 12, 2011

Earlier this week, the Supreme Court declined to review the case of a recent Texas high school student who was kicked off her school’s cheerleading squad after she refused to chant the name of a basketball player who had allegedly raped her. The Fifth Circuit Court of Appeals, one of the most conservative courts in the country, ruled last November that the victim — who is known only as H.S. — had no right to refuse to applaud her attacker because as a cheerleader in uniform, she was an agent of the school. To add insult to injury, the Fifth Circuit dismissed her case as “frivolous” and sanctioned the girl, forcing her family to pay the school district’s $45,000 legal fees.

According to court documents, H.S. was 16 when she was raped at a house party by one of her school’s star athletes, Rakheem Bolton. Bolton was arrested, but by pleading guilty to misdemeanor assault, he received a reduced sentence of probation and community service. Bolton was allowed to return to school and resume his place on the basketball team. Four months later, H.S. was cheering with her squad at a game when Bolton lined up to take a free throw. The squad wanted to do a cheer that included his name, but H.S. refused, choosing instead to stand silently with her arms folded.

“I didn’t want to have to say his name and I didn’t want to cheer for him,” she later told reporters. “I just didn’t want to encourage anything he was doing.”

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