Omar

I.

I.

Statement

of

the

Issue

An

unconscious

woman

was

spotted

being

sexually

assaulted

by

multiple

people

that

were

observing

the

events

and

failed

to

report
the

crime

to

a
law

enforcement

officer.

II.

Statement

of

Facts
Riley

Jacobs

is

a
19

year

old

sophomore

that

is

majoring

in

biochemistry

at

SDSU

and

was

at

the

beach,

the

day

of

the

assault.
Not

only

that

but

she

was

standing

a
few

feet

away

from

the

victim

as
the

assault

was

happening.I

dont

know

why

she

chose

not

to

call

the
police.

Maybe

it

was

that

she

thought

other

people

were

calling

the
police

or

that

their

was

other

people

there

who

could

have

called

the
cops.

That

doesnt

give

her

a
reason

to

look

over

and

observe

a
passed

out

woman

be

sexually

assaulted

by

multiple

individuals

and
just

stand

there

and

not

call

the

police.

Not

only

did

she

not

call
the

police

but

she

didnt

even

go

and

stop

those

people

from
assaulting

her.

III.

Legal

Analysis
A.
OverArching

IRAC

The

issue

that

the

court

must

decide

is

if

Riley

Jacobs

committed

a
felony

by

not

reporting

the

crime

she

observed.

person
commits

an

offense

if

the

person

observes

the

commission

of

a
felony
under

circumstances

in

which

a
reasonable

person

would

believe

that
an

offense

had

been

committed

in

which

serious

bodily

injury

or

death
may

have

resulted.(CA

PE.

CODE

ANN.

SS

38.171:

CALIFORNIA
STATUTESSECTION

38.171:

FAILURE

TO

REPORT

FELONY)


Riley

committed

a
felony

by

failing

to

report

the

sexual

assault
that

she

had

witnessed

while

she

was

at

the

beach

and

the

assault

was
happening

only

a
few

feet

away

from

her.

Also

she

noticed

the

victim
was

passed

out

when

it

happened

and

still

fail

to

report

the

crime

to
a

law

enforcement

officer.

Therefore,

the

court

must

find

that

Riley
Jacobs

did

commit

a
felony

by

not

reporting

the

crime.

B.

SubIRAC

#1

Riley

didnt

even

try

to

help

the

unconscious

woman

as

she

was
being

raped.

person

commits

a
felony

if

they

fail

to

immediately
report

the

commission

of

the

offense

to

a
peace

officer

or

law
enforcement

agency

under

circumstances.

(CA

PE.

CODE

ANN.

SS

38.171:
CALIFORNIA

STATUTESSECTION

38.171:

FAILURE

TO

REPORT

FELONY)

The
defendant

saw

that

the

victim

was

being

raped

and

didnt

intervene

or
call

the

police

so

they

can

stop

the

assaulters.(

TRIAL

EXHIBIT
#4,PG.

3)

She

clearly

saw

the

crime

happening

over

her

friends
shoulder

and

just

ignored

what

was

happening.(

TRIAL

EXHIBIT

#4,PG.
2)

Riley

was

only

threefeet

away

from

the

crime

and

didnt

do
anything

to

stop

it.(

TRIAL

EXHIBIT

#4,PG.

2)

She

noticed

a
passed
out

girl

being

sexually

attacked

by

multiple

people

and

didnt
contact

the

police.

Riley

knew

that

the

woman

was

being

raped

and
didnt

call

the

police

and

the

proof

is

that

she

saw

what

happened,
talked

about

it

with

her

friends,

and

still

chose

to

ignore

what

was
happening.

Therefore

Riley

failed

to

contact

the

police

and

failed

to
report

the

crime.

B.
SubIRAC

#2

The

court

needs

to

decide

that

if

when

Riley

observed

the
assault

she

had

committed

a
felony

by

not

reporting

it

to

the

police
right

away

or

at

all.

person

commits

an

offense

if

the

person
observes

the

commission

of

a
felony

under

circumstances

in

which

reasonable

person

would

believe

that

an

offense

had

been

committed

in
which

serious

bodily

injury

or

death

may

have

resulted.(CA

PE.

CODE
ANN.

SS

38.171:

CALIFORNIA

STATUTESSECTION

38.171:

FAILURE

TO

REPORT
FELONY)

Riley

looked

over

her

friends

shoulder

and

observed

a
crime
that

was

happening

only

a
few

feet

away

from

her.

This

could

have
been

prevented

and

the

victim

wouldnt

have

been

assaulted

if

Riley
had

called

the

police

to

come

and

help

out

with

the

situation.

Or

if
she,

her

friend,

and

the

two

BIG

guys

that

she

met

that

day

(
TRIAL
EXHIBIT

#4,PG.

2)

had

either

called

the

police

or

went

up

to

stop
them

themselves.

Therefore,

Riley

saw

and

failed

to

report

a
crime

to
the

proper

authorities.

C.
SubIRAC

#3

The

issue

the

court

must

decide

is

if

by

not

reporting

the
crime

she

saw,

Riley

herself

committed

a
crime.

person

commits

an
offense

if

the

person

observes

the

commission

of

a
felony

under
circumstances

in

which

a
reasonable

person

would

believe

that

an
offense

had

been

committed

in

which

serious

bodily

injury

or

death
may

have

resulted.

(CA

PE.

CODE

ANN.

SS

38.171:

CALIFORNIA
STATUTESSECTION

38.171:

FAILURE

TO

REPORT

FELONY)

The

defendant

had
noticed

that

the

victim

of

the

assault

was

passed

out

or

maybe

just
really

drunk

when

the

people

who

abused

her

came

up

to

her.

Then

and
there

the

defendant

should

had

known

that

something

bad

was

going

to
happened

and

she

(
TRIAL

EXHIBIT

#4,PG.

2)should

have

called

the
police

to

come

and

stop

it.

Before

and

after

the

assault

happened

the
victim

was

passed

out.

So

Riley

saw

an

unconscious

person

being
assaulted

and

observed

that

the

victim

was

passed

out

the

whole

time,
she

still

never

contacted

the

police

so

that

they

can

stop

the

people
from

assaulting

the

woman.

Therefore,

Riley

was

aware

that

something
was

not

right.

She

saw

signs

that

things

were

wrong

and

still

decided
to

not

call

the

police.

D.
Counter

Argument

IRAC

#1

The

issue

the

court

must

decide

is

if

Riley

is

guilty

of
committing

a
felony

by

failing

to

calling

the

police

and

let

them
know

about

the

assault.

person

commits

an

offense

if

the

person
observes

the

commission

of

a
felony

under

circumstances

in

which

a
reasonable

person

would

believe

that

an

offense

had

been

committed

in
which

serious

bodily

injury

or

death

may

have

resulted.

(CA

PE.

CODE
ANN.

SS

38.171:

CALIFORNIA

STATUTESSECTION

38.171:

FAILURE

TO

REPORT
FELONY)

While

Riley

was

there

and

saw

what

was

happening,

she

wasnt
the

only

one

that

saw

the

situation

happening.

Riley

noticed

other
people

pulling

their

phones

out

and

talking

on

them.

She

maybe
thought

that

they

were

calling

the

police

themselves.

The

defendant
saw

multiple

people

on

their

phones

and

believed

that

one

of

them
would

of

or

had

called

the

cops.(

TRIAL

EXHIBIT

#4,PG.

4)

She

wasnt
sure

to

report

the

crime

because

somebody

probably

already

reported
it.

E. Counter

Argument

IRAC

#2
The

issue

the

court

must

decide

is

if

by

not

reporting

the

crime
she

saw,

did

Riley

commit

a
felony.

person

commits

an

offense

if
the

person

observes

the

commission

of

a
felony

under

circumstances

in
which

a
reasonable

person

would

believe

that

an

offense

had

been
committed

in

which

serious

bodily

injury

or

death

may

have

resulted.
(CA

PE.

CODE

ANN.

SS

38.171:

CALIFORNIA

STATUTESSECTION

38.171:
FAILURE

TO

REPORT

FELONY)

Riley

also

believed

that

the

victim

most
likely

had

friends

at

the

beach

with

her,

so

if

something

was

wrong
they

would

come

to

help.(

TRIAL

EXHIBIT

#4,PG.

3)

Also

of

all

the
people

who

were

at

the

beach

and

saw

what

happened

why

is

Riley

of
all

of

them

the

one

who

should

call

the

cops.

There

were

plenty

of
other

people

around

to

do

just

that

and

maybe

Riley

thought

that

they
did.(

TRIAL

EXHIBIT

#4,PG.

3)

So

with

all

the

people

who

observed

the
assault

on

the

beach,

maybe

Riley

thought

one

of

those

people

had

called

the

cops

to

come

and

take

care

of

the

situation.

There

were

so
many

people

that

were

around

and

could

have

called

the

police

and
defendant

believed

that

one

of

them

would.

I
V.

Conclusion
With

all

the

information

given

given

it

is

complicated

to

say
whether

or

not

Riley

thought

that

other

people

were

calling

the
police

to

come

help.

This

though

doesnt

excuse

her

from

the

fact
that

she

was

the

closest

person

to

the

victim

and

could

see

what

was
happening

better

than

everyone

else

their.

Even

if

Riley

did

think
other

people

were

calling

the

cops,

she

should

have

called

the

police
anyway

because

she

had

the

best

view

and

probably

could

explain

what
she

saw

better

than

everyone

else

there.