Fairfax, Va. (WUSA9) -- Three Fairfax County teenage boys have been found guilty in the sex video scandal that rocked West Springfield high school.
Two of the students, ages 16, pleaded no contest to unlawful filming in a deal that dismissed the child pornography charges against them. The other, age 15, opted for a trial before Judge Thomas Mann. Judge Mann acquitted the boy on the child pornography charge, saying the acts did not meet the level of lascivious nature. But, Mann found the boy guilty on of 2 counts of unlawful filming. Those counts involve the cell phone recording of a sexual intercourse between one of the other boys, and two different girls.
Three videos of three different sex acts between the three boys and three different girls were played in court after the courtroom was closed to the public. Those three girls, and the two who pleaded no contest testified in court. The youngest of the girls was 14. She acknowledged that she had sex with boys with others present about 35 times.
Another girl, 16, said she had informed one of the boys that she wanted to have sex with him. She said she remembered it was the day she took the PSAT test and got out of school early. She said she first got drunk and was so intoxicated she could not stand up straight. She said she and some friends went the boy's house and she had sex with him in his basement bedroom. She said her friends has to stay outside so they didn't make noise because the boy's mother was upstairs. Another boy who was hiding behind a TV videotaped the sexual encounter on his cell phone. The girl said when she discovered that he was videotaping, she yelled at him and ran after him.
The third girl, 17, testified that she wanted to have sex with one of the boys and that she and her girlfriends picked up him and the other two boys from a party. They drove to the Cardinal Forrest Elementary School parking lot where she had sex with one of the boys in her friend's car. The boy she had sex with also testified and said the dome light was on in the car because they had opened the car doors because it was hot. The girl testified that she saw the other boy trying to videotape them from outside, but told him to stop.
All three girls testified that they did not know they were being filmed and did not consent to it.
The girl who was filmed having sex in a car and saw the cell phone out said "I didn't think they were serious. I thought they were just messing around, because I made it clear I did not want to be filmed."
The judge decided the parking lot sex tape was not unlawful filming since it was not a private location. But the other two bedroom incidents did constitute unlawful filming convictions.
Since the boys are juveniles, their penalties may be far less than they are for adults. Unlawful filming is a felony and for adults carries a sentence of 1 to 5 years.
The boys will be sentenced in June.
Written by Peggy Fox