Can Bystanders be Prosecuted if They Watch Somebody Commit a Crime

[beingthere666]

My question involves criminal law for the state of:
hi all, i'm a new writer and in my pursuit in trying to write a novel with factual law and use of precedents to make this more current.

back in the 1980's jodi foster starred in a movie called the accused which was based on an actual rape case. The film was loosely based on the 1983 gang rape of Cheryl Araujo in New Bedford, Massachusetts, the owner was found in fault and forced to close down his bar because he didn't stop nor aid the girl.
which law was used for this?

in the movie, the lawyers went after the men that cheered and "egged on" the rape to occur.
this is where it gets murky for me.
is there a law that allows the prosecution of those who stand by and do nothing? was it a criminal law or a civil law? state or federal?

i'm asking as my book centers around similar circs.

[llworking]

Egging and cheering someone on in committing a crime would certainly be abetting the crime.

[Mr. Knowitall]

is there a law that allows the prosecution of those who stand by and do nothing?

Although there have been attempts to criminalize standing by while a crime occurs, the laws proposed to address the issue have been problematic. However, there is a difference between standing by and doing nothing, and engaging in acts that can be interpreted as facilitating or abetting a crime.

was it a criminal law or a civil law?

In the case and movie? Criminal.

state or federal?

In the case and movie? State.

[zags4champs]

Ask Branden Vandenburg who got sentenced to 17 years in prison last year for doing it in the 2013 Vanderbilt football rape.

[beingthere666]

thank you for your reply,
the vandenberg case, while similar is on track but i am wondering if there is federal law that encompasses crossing state lines, such as the georgia teacher and 17 year old students running away together? the people who saw and did not report there whereabouts.
or the multiple sexual allegations of harvey weinstien and the other hollywood people who have recently been ousted as predators but all knew and stayed quiet?

[Taxing Matters]

In general simply being witness to a crime or knowing about a crime and failing to report it is not a crime. There typically must be some element of participation or encouragement of the principals in the crime for the bystander to be guilty of some offense.

[beingthere666]

in an earlier reply, Mr. Knowitall stated and i copy and paste, "Although there have been attempts to criminalize standing by while a crime occurs, the laws proposed to address the issue have been problematic. However, there is a difference between standing by and doing nothing, and engaging in acts that can be interpreted as facilitating or abetting a crime."

so if i am correct in my understanding, having knowledge of and not speaking out against it can be construed as being complicit in the crime itself.
am i correct in this?

[cbg]

Are you the same new author who, a week or two ago, was asking questions about video-filming massages?

[Taxing Matters]

so if i am correct in my understanding, having knowledge of and not speaking out against it can be construed as being complicit in the crime itself.
am i correct in this?

Again, in general, simply witnessing a crime or having knowledge of a crime and not reporting the crime is not a crime. Put another way, in general the law does not impose upon persons any duty to report crimes they witness or know about. Typically the bystander or witness to a crime is only guilty of a criminal offense if he/she also acts in some way to (1) participate in the crime, (2) encourage the principals in the crime or (3) take affirmative steps to conceal the crime (e.g. hide or destroy evidence of the crime, lie to investigators when questioned about the crime, help the perpetrator of the crime evade law enforcement, etc). In short, the person would have to take some step to support the crime, not just merely witness it, to be guilty of some criminal offense.

There are a few very limited exceptions to that. There are laws in many states that require persons in certain positions of trust with respect to a victim (teachers, doctors, etc) to report to authorities suspected child abuse or domestic violence abuse. Certain public employees, notably law enforcement officers, may have a duty to report serious crimes (e.g crimes of violence or felonies) committed in their presence. There are also a handful of states that impose a general duty on any witness to report to law enforcement a few specific listed violent crimes that they witness, like murder, manslaughter, rape, etc. Outside of those limited circumstances, however, there is no duty for a witness to most crimes to report them.