Brookline High teens face charges of statutory rape

BROOKLINE -- Two Brookline High School athletes, accused of taking turns having intercourse with a 15-year-old female classmate, have been charged with statutory rape and suspended indefinitely, school officials said yesterday.

It was the third criminal case involving Brookline students and underage sex since February, and it prompted school officials to send letters home to parents and to hold an assembly yesterday to remind teenagers about the criminal ramifications of underage sexual activity.

The two students charged, both 17, will be kept out of school while criminal charges are pending.

Although the girl said the acts, which allegedly took place on two occasions, were consensual, a social worker reported them to police, according to Brookline District Court records. The girl was 15, a year younger than the legal age of consent.

Brookline High officials said the charges, similar to those filed earlier this year against five former Milton Academy hockey players, are a worrisome indicator that teenagers are having sex at increasingly younger ages, despite the legal consequences.

''We don't have our heads in the sand," Brookline Principal Robert J. Weintraub said. ''Unfortunately, this is teenage life in October 2005."

Prosecutors brought one statutory rape charge against each student in Brookline District Court last week after the girl reported to a school social worker what allegedly happened.

Subsequently, police arrested and charged the students, Keston Kelly of Dorchester and Charles Key of Brookline, last week. They also uncovered nine pornographic videos at the Brookline apartment of Key's family.

The girl described two sexual encounters with the two students, one at Key's apartment on Sept. 30 and another on Oct. 4 in Boston. The boys also have been charged with disseminating obscene matter to a minor.

They were released without bail last week and ordered not to have contact with the alleged victim.

The Globe does not identify alleged victims of sexual assault without their consent.

The school contacted police Oct. 7, a day after the girl reported the incidents.

Two other students might have participated in the Boston incident, and Boston police are investigating, Weintraub said. A third student has been suspended as a result, he said.

In a letter sent home to parents Monday, Weintraub called the latest case ''deeply disturbing," and said school officials will redouble efforts to educate students and parents about the problem of underage sex. The district established a task force on early teenage sexual activity last spring.

In February, two Brookline High School freshmen boys were charged with indecent assault and battery on a freshman girl. In March, a 17-year-old male former Brookline High student was charged with statutory rape of a 14-year-old freshman girl.

''Clearly, at least some students have not learned lessons from last year," Weintraub's letter said. ''The behavior of these young people is unacceptable, irresponsible, and illegal."

The girl in the latest case has been placed in state custody because her mother is ill, according to court documents. She remains at school, Weintraub said.

''We are working hard to protect her," he said.

Kelly's father denied the charges, saying his son insisted he did not have sexual intercourse with his accuser.

In a phone interview in which he confirmed he was Kelly's father but declined to give his name, Kelly's father said his son told him he was innocent and that he did not have sex with the girl.

''I believe my son," the man said. ''He was charged, but he didn't rape anybody."

The father said he had warned his son about the consequences of having sex with minors after the Milton Academy scandal. He said he was disappointed that Kelly was suspended.

Milton Academy came under scrutiny when it expelled five students earlier this year and notified police that a series of oral-sex sessions had occurred on campus, as well as in a downtown Boston hotel. Five students were charged with statutory rape. In June, three students charged as adults were ordered to undergo counseling, complete 100 hours of community service, and serve at least two years of probation. Two 16-year-old boys charged as juveniles were given the same deal in a separate closed court session, but the probation will last until their 18th birthdays, according to Milton Academy officials.

The Brookline case is in its early stages, and a pretrial hearing is expected to be held next month.

Kelly played football this fall at Brookline, and Key plays varsity basketball.

Mark Fiedor -- Brookline's varsity basketball coach, who coached Key for most of last season -- said he was stunned and ''sick to his stomach" over the charges. Fiedor described Key as a friendly, respectful teenager.

Students described Kelly, a brawny athlete nicknamed Marshmallow as popular among Brookline High students.

''Everyone knows him," said Jacob Beygelmakher, 15. ''He's loud. He's funny. He's everywhere."

Students who attended yesterday's assembly said school officials stressed that the incident was not violent and that sexual relations with minors are illegal, a theme they said has been drummed into them in recent months.

But most students doubted that words would have much effect on behavior. ''People weren't shocked," said freshman Jacob Selzer. ''We've heard it before."

''It's like, 'Oh, my God,' " agreed freshman Caitlin Murphy. ''But it's also like, 'Oh, this again.' "

Other students were alarmed by the frequency of the alleged criminal incidents.

''It's pretty scary," sophomore Ben Waissman said. ''You don't expect these things to happen at a place like this."

Robin MacIlroy, who has two sons at Brookline High, said she was glad the incident was reported. State law requires certain professionals, including school officials and social workers, to report such allegations to police.

''I think kids don't really get it, that having sex with a minor is against the law," MacIlroy said. ''I'm not sure it's happening more. I think we just talk about it more."

But students predicted that the task force and health lectures would have limited impact.

''Everyone knows 16 is the age of consent," said junior Cara Kanter. ''But whether people care is a different story."

David Traub, a spokesman for Norfolk District Attorney William R. Keating, said the law is clear.

''A person under the age of 16 can't consent to sex," he said.

Globe correspondent Kennan Knudson contributed to this article. Peter Schworm can be reached at schworm@globe.com.