JEFFERSONVILLE, IN (WAVE) – The second boy charged with raping his classmate went before a judge on March 3. The Clark County Sheriff's Office says 17-year-old Billy Huttsell and 16-year-old Matthew Whisman - two Charleston High School students - are charged with the rape of a 15-year-old girl.
Whisman appeared in court March 1 and pleaded not guilty, and on Wednesday it was Huttsell's turn.
Huttsell didn't have much to say as he was lead to court for his initial hearing. He's in court because of something that happened at a party on February 19. Clark County Deputy Prosecutor Brittany Blau says the victim was at that party.
"She was drinking heavily," said Blau. "She had also done some spice, which is a type of synthetic marijuana."
She says later in the evening, the victim felt sick and went to pass out upstairs. "I believe it was Matthew Whisman who stated that Billy Huttsell had picked our victim because she was heavily intoxicated," said Blau.
According to an affidavit, the girl woke up with Huttsell on the bed moving her to her back and holding her down. The victim stated she told him to stop, but he placed his hand over her mouth and had sex with her.
"When Billy was finished then Matthew Whisman then took a turn and also raped her," said Blau.
Blau says both boys were interviewed by police separately. "When they talked to the detective later on, they said that they knew it wasn't consensual," said Blau. "They said they had heard her say no, but she was so drunk they thought it was ok."
Huttsell's attorney Mickey Weber says while his client did have sex with the girl, it was not rape. "I think it is unfortunate that neither boy's interview was recorded," said Weber. "I think both boys expressed regret that this happened, but I don't think that necessarily amounts to the same thing as a confession of the crime that they've been charged with."
Huttsell's family released a statement from his twin sister. She says "I know he's not perfect, but no one is and he is not guilty."
Since the boys were arrested, the deputy prosecutor says the girl has been harassed at school and has even received death threats. A juvenile has already been taken into custody for this. The judge addressed it in court and said that behavior will not be tolerated.