Sharpsburg man, 21, sentenced to 35 years for raping Tyrone girl

Tue, 03/24/2009 - 4:10pm
By: John Munford

A Sharpsburg man was convicted Tuesday of raping a 16-year-old Tyrone girl at her home back in September 2005. He was 17 at the time of the crime, testimony revealed.

Zachary Hume Higgins, 21, was also convicted of aggravated sodomy. He was sentenced to 35 years in prison followed by 15 years probation by Superior Court Judge Johnnie L. Caldwell Jr.

The jury also heard testimony that Higgins had a prior history of child molestation and sodomy stemming from a 2003 case in Coweta County involving a 4-year-old girl he was babysitting. A 14-year-old at the time, Higgins admitted to the charges and was adjudicated delinquent.

The victim, now 20 and whose name is being withheld by The Citizen, testified that she let Higgins in her home despite her parents’ absence in part because he had been nice to her at work and at Sandy Creek High School. She also admitted to having a crush on Higgins, who worked with her at Partner’s Pizza in Tyrone.

After initially sitting on a downstairs sofa, Higgins followed the victim upstairs after she told him she was going there to turn a TV off, she said. Once in the upstairs family room, she said Higgins began kissing her and soon removed her shirt and her pants over her objections.

At one point, the victim said she stopped objecting because “I figured he wasn’t going to go away unless I did what he asked.”

The victim testified that Higgins forced her to have oral sex against her will. After the incident was over, the victim said she returned from vomiting in the bathroom to find Higgins “dressing as fast as he could” to leave the home.

Higgins’ attorney, Steve Harris, had four people testify that the victim told them the sex was consensual. Some of those witnesses even alleged that the victim “bragged” about having sex with Higgins.

As for why she waited so long to report the rape, the victim testified that she “was ashamed” and she couldn’t believe it had happened.

“I didn’t want anybody to know,” the victim said. “Because I felt like I let something happen to me or I’d done something to deserve that happening to me,” she said.

The victim said she finally told her parents about the incident in 2008 when they confronted her about her then-boyfriend, whom they didn’t approve of.

Her parents then immediately took her to the Tyrone Police Department to report the incident, she said.

The victim testified that right after the incident she felt “sick, disgusted and ashamed.”

login to post comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Submitted by appealtoreason13 on Thu, 05/28/2009 - 12:26am.

I have to say the previous charges against Higgins are disturbing. I have only met him a couple times, and claim no bias either way due to the fact I do not actually know much about him aside from him being a nice, friendly guy.
My issue is the fact that there are witnesses (including some of her own friends) saying that she bragged about having sex with Higgins. It seems to me that if you've been raped bragging about having sex with someone would not be a priority. It is also convenient timing that this happens right after she's caught with a man that her parents don't approve of.
Say what you want about Higgin's previous charges, but he did what was asked of him for that case, this is a new case.

Submitted by yoooson on Wed, 04/01/2009 - 8:44pm.

How well do you "know" him? i'm very interested in this, because I personally know Zach and his circle of friends. I have never been a fan of Zack but knowing a lot of the same people and knowing a lot of his dating history as well. So if you know him so well guys lets get into the fact that he "hooked up" with a few girls that were 15 years old when he was about 20 years old and even dated girls that were a lot younger. if thats cool and acceptable with all of you that must make you guys great witnesses to his character...considering in any court that would be considered statutory rape. hmmmm but he is such an awsome guy though right, I mean if he is such a good awesome guy why couldnt he find girls his own age to "hook up" with??? could it be he was attracted to (dare i say it) younger girls? So you tell me with the incident before this involving a 4 YEAR OLD CHILD is it okay that his taste went up a few years to middle schoolers?? is this somehow ok? I'll admit the waiting so long to press charges things maybe a lil fishy and i dont really agree with it, but hell if it was true or not it was only a matter of time till he fooled around with the wrong 15 year old and this would have still happend. It would have probably just ended up having more evidence.

redrooster's picture
Submitted by redrooster on Sun, 03/29/2009 - 7:48pm.

This is the part that bothers me the most. Read it slowly people and think about it. (The victim said she finally told her parents about the incident in 2008 when they confronted her about her then-boyfriend, whom they didn’t approve of.) What convenient timing! Three plus years later?
Her parents then immediately took her to the Tyrone Police Department to report the incident. Come on?
And 35 years is absolutely wrong. This could be anyone's kids. Do you know the worst scumbag repeat offenders don't get sentences like that. This boy and his parents need to fire the attorney, hire a new attorney and file an appeal. At this point that's all that can be done. Also all you people that are upset with this, remember it next election!


kew96692003's picture
Submitted by kew96692003 on Tue, 03/31/2009 - 12:53pm.

If this little bastard had been chemically castrated when he RAPED and SODOMIZED a 4 YEAR OLD GIRL then we wouldn't be having this debate, if that had been my baby girl he would not have lived through it to even be accused of rape again. His cocky little butt just thought he could get away with it, obviously you must have rapist children to say this could be anyone's kids because I promise you he could not be mine. Hopefully the good Lord will see fit to handle this boy while he's in prison, the other inmates don't take to kindly to offenders of this magnitude and they are all looking for some "lovin'". The Devil sends his minions in all shapes and sizes maybe this one will be RAPED to death while he rots behind bars where he belongs.

P.S. Don't drop the soap!


ahavah_lachaim's picture
Submitted by ahavah_lachaim on Tue, 03/31/2009 - 1:28pm.

With all due respect, you have no idea what you're talking about. This article doesn't deal with the details of the previous case and as such, you should refrain from attacking a young man based on something you think may have happened. Yes, he plead guilty to the charges before, being told that doing so would avoid a trial and the necessity of more funds. In light of that, the DA and the family had to both set forth and accept the plea. Do you really believe if this young man had committed some heinous act against their child that the parents would settle on the plea deal he was granted? Or that a judge would have sentenced him in the manner he did?

Assumptions don't help anyone, and neither do your hateful remarks based on them.The good Lord will take care of his own and will judge all of us, so it is unecessary for you to do so.

Ahavah

"Despite treason after treason, and sabatoge after sabatoge, God's empire of light never falls into total eclipse. Satan wages a futile war."


matt.barnes's picture
Submitted by matt.barnes on Tue, 03/31/2009 - 1:55pm.

Do you know the details of the child molestation thing? They have been requested by several people on this blog. To my knowledge, without answer. So at this point I think it is safe to say no one on this blog knows the answer to the child molestation question.

My point:
You don't know what you're talking about. None of the Zach supporters do. How do you know your friend isn't a monster? What did he do to that kid?


The Wedge's picture
Submitted by The Wedge on Tue, 03/31/2009 - 1:52pm.

he, most likely, sunk himself this time around. A plea is a statement of fact. It is an affirmative statement that you did x,y, and z. It doesn't matter how he got to that point, he just did for a myriad of reasons. He became an admitted sexual predator in the official record of the law. He should have been ultra sensitive to any other circumstances that he put himself into. That includes any sexual liaisons. It is a tough pill, but he put himself in this situation with his previous conviction.


ahavah_lachaim's picture
Submitted by ahavah_lachaim on Tue, 03/31/2009 - 2:44pm.

matt.barnes,

I do know what i'm talking about, unfortunately. do you think i would have accused someone of speaking of what they didn't know if i were guilty of the same offense? and i will not divulge what i know, because it is not my place to do so, nor is it anyone on this blog's place. i know that sounds like the easy way out, but i won't hurt an already grieving family by sharing information that is not mine to share. Bottom line: he plead guilty and served time for the earlier offense.

Wedge,
I agree completely with your statement. He could have been completely innocent the first time, but when he plead guilty, that put him in a precarious position for the rest of his life and he did not behave in a manner that should have stemmed from that. Someone else on here put it rather succinctly: had he practiced abstinence, he would be in this situation.

Ahavah

"Despite treason after treason, and sabatoge after sabatoge, God's empire of light never falls into total eclipse. Satan wages a futile war."


Submitted by ugadawg87 on Sun, 03/29/2009 - 11:25pm.

"Also all you people that are upset with this, remember it next election!"

--Amen...best comment yet.

Submitted by gw7732 on Mon, 03/30/2009 - 9:51am.

Can we recall the DA.If so how?

alittlebirdietoldme's picture
Submitted by alittlebirdietoldme on Tue, 03/31/2009 - 7:03am.

The DA is a good man...now u and ur buds stoop to trying to discredit him? Please...give us a break...and it a rest.


Submitted by gw7732 on Tue, 03/31/2009 - 9:52am.

If you think trying a case not based on evidence but on the past history of a 14 year old child is being a good man,then you belong in Mr Ballards Bible study Group with his friend,Jeffrey Allen,who he was a character witnes for.

kew96692003's picture
Submitted by kew96692003 on Tue, 03/31/2009 - 1:00pm.

Did you molest children, rape, & sodomize them when you were 14 and then grow up to be who you are today?

-NO-

I didn't think so, when a child commits crimes like this you don't think it is a valid discussion for his future "rape" cases? The real questions is how many other children and young girls did he brutalize that we don't know about?

Maybe you belong in that infamous " Black House" in CA with Anton Levay's followers chanting "Hail Satan"


The Wedge's picture
Submitted by The Wedge on Tue, 03/31/2009 - 10:11am.

in a trial to win the case and get punishment for the accused and justice for the accuser. It is called a trial. Obviously, the accuser/victim was more credible than the defendant to at least the Prosecution and the jury. Crimes of sexual deviancy have a large and proven recidivism rate. It is standard and acceptable practice to bring proven and adjudicated previous crimes in cases where these previous crimes may possibly predict future behavior. Obviously, this defendant pled guilty to sexual crimes on a 4 year old. This was a known and adjudicated fact. Attested to in court and sworn to by the defendant. It would have been prosecutorial misconduct to not bring in previous sexual crimes in this circumstance.

Be mad at the defense. If it was such a no-brainer, it would have swung the other way. Wrap yourself in indignation, but it is a wrap that does not to help or comfort you.


ahavah_lachaim's picture
Submitted by ahavah_lachaim on Tue, 03/31/2009 - 7:22am.

Scott Ballard did his job, and did it well, to convict a case on this little evidence. It's not in doing that that I find fault in him-it's the means to the end. Ballard got scared last election when they called him soft of these types of issues and used this a platform to prove otherwise to his constituents. If he's not consistent and objective in his views and in what he pursues,then I don't want him as the DA in my county.

Ahavah

"Despite treason after treason, and sabatoge after sabatoge, God's empire of light never falls into total eclipse. Satan wages a futile war."


The Wedge's picture
Submitted by The Wedge on Mon, 03/30/2009 - 10:12am.

I am not well read in this case, but if the DA put on a case before a jury, and the defense put on a defense, and the jury found for the DA, then it sounds like the DA did a better job than the defense. How can you demonstate that the DA didn't do their job, if the defendant was found guilty?


Submitted by PTCfam on Sat, 03/28/2009 - 9:18pm.

MANY OF YOU will agree that the hardest part about this is not knowing WHY he was convicted with such seemingly shaky evidence.. ..for my peace of mind, can someone PLEASE tell me..

1. Exactly what did he plead guilty to and get convicted of regarding the four year old? And was he registered as a sex offender?

2. What was his sentence for this crime?

I am totally devastated for both of them, their families and their friends. This is horribly traumatizing, and will be for years to come. But some hardcore facts rather than rumors and gossip would be a huge relief to those of us unsure of what to believe. The details of his prior offense may have been the determining factor in the jury's decision, and they should also be available to us. But we do not have them, hence over 200+ opinions based on gossip not facts. The idea of him being convicted unfairly absolutely terrifies me, how could this kind of injustice happen? It makes me terrified for every parent and teenager out there. So PLEASE reassure me (and other parents out there) that there was sufficient evidence to convict this young man so I can sleep at night.

Gene61's picture
Submitted by Gene61 on Sat, 03/28/2009 - 8:00pm.

How is it offensive for someone who has been through that violent ordeal, a rape, to use her personal experience to make the connection? Each person deals with violent offenses such as rape differently.

Nor can I as a man ever to truly understand how any victim would react or feel in that situation.

As for the statement " No molestor can be cured " . I beleive the statement is true and offer this bit of evidence to support my OWN personal opinion...

Dr. Deborah Schurman-Kauflin, has stated,

What I see are the offenders who do act on their desires. You have to remember that those who are sexually attracted to children have a deviant compulsion. I have been studying sex crimes for 2 decades and working with police here in the United States on thousands of cases, and almost exclusively, if an adult is using child pornography or has an attraction to children, he is on the way to becoming an offender – the profiler said.

Furthermore ,

I have never seen a case where a child molester was cured. Therapy does not change a person’s sexual proclivities-otherwise one would be able to change homosexuality. And we all know that homosexuality is not something that can be changed. I would venture to say that if an individual is sexually aroused by children.

Problem is in todays make up, no one can make a statement without someone being offended, then saying they're wrong, etc etc.

Lastly,my final say on this matter. Cause this tread is way too personal, and often goes to feed the great uninformed to just post nonsense,

Personally, I think that a child molester has gone so far down the path of inhumanity that they aren't ever going to come all the way back. They have already managed to twist, pervert, ignore and/or destroy the desire to care for and protect children and as a result I don't think that they should be trusted to be able to rebuild that.

No they can not be cured, much like the addict, the desire is always there to reoffend. So the word " Cured " can not apply when talking about child molestors. Treatment, not a cure , thats fact..Because the sex offenders lie so much, a vital component of therapy for a convicted child molester is regular polygraph testing.

In January 2006, Congressional Quarterly reported that, according to
international research findings, including a 2004 paper issued by
the Washington State Institute for Public Policy, recidivism rates
for untreated sex offenders ranged as follows:

41 to 71 percent for exhibitionists;
13 to 40 percent for child molesters preferring boy victims;
10 to 29 percent for child molesters preferring girl victims;
7 to 35 percent for rapists;
4 to 10 percent for incest offenders.

Thanks for your patience....


Submitted by areyoukidding on Sat, 03/28/2009 - 7:33pm.

It's honestly offensive to me that someone (whoever you are) below me would actually post something as ignorant as child molesters cannot be cured. That is in NO way a fact or even remotely true. First of all, Zach's previous case, though awful regardless of what truly happened, IS incredibly different. And unless you know all of the facts of that case, I think that it's really ignorant to state that he "cannot change". People change all of the time. There are plenty of people who have made horrible mistakes in their lives such as stealing, cheating, and even as awful as murdering, and they have changed. They have perhaps found God or something else to replace their anger.

Now, to the woman who speaks about being a rape victim and uses that as a reason to side with this victim, I cannot agree. I, too, am a rape victim and I, too, have been scared, terrified, and silent about my rape for years and years. My rape was a FAMILY friend which made it even harder to talk about. Now while, luckily, my rapist was sent to prision for other crimes, I have never once brought him up in a positive light. I have never called him attractive, bragged about knowing him, in fact, I've just acted like he doesn't exsist. Being a rape victim is hard no matter what, but even as a rape victim, I am not just going to side with someone who is claiming to be raped. I have had friends who HAVE said they were raped and then later said they just said that as an excuse or because they were angry. Now, I am not saying this is the case with this young lady, but to completely rule that out as a possibility is absurd. Men and women have both used awful excuses to get out of sticky situations (again, this is a generalization, i'm not saying this is 100% what happened in this case but it ABSOLUTELY is a possibilty). Regardless of your stance on his guilt or innocence, i think the main thing to understand/acknowledge is that this case was based on 0 evidence and the word of one person against another. And if you think a jury isn't biased, then you're absolutely insane. It is incredibly easy for a jury to see a young woman crying, hear that this young man has had trouble in his past, and quickly come to the conclusion that he's guilty. The problem lies with the fact that no evidence was presented and witnesses who testified against the victim were essentially deemed not credible. That hardly seems just. Zach had absolutely no chance of being found innocent the SECOND the jury heard of his previous crime (which, by the way, he pled guilty to and served his punishment. also, something to think about is how well a 13 year old really understands what pleading guilty means. At 13, I honestly believed I was going to marry Tom Cruise. A 13 year old BOYS mindset is not that of someone who is almost out of high school). What we all must think about, regardless of our emotional attachment is, WAS THIS TRIAL FAIR? Did the district attorney present enough EVIDENCE to really convict Zach or did Zach have absolutely no chance at winning once his past was revealed? The problem is people DO change. And while you may not think Zach has, it is POSSIBLE that he has. And that possibilty alone makes him deserve a new trial. With his past information being allowed in court and his less-than-capable lawyer, I'd say Zach had no chance from the start. Jurors are humans, making them inherently biased. And any juror who sees someone cry and then hears that her "attacker" has a past criminal history (which, again, should have been sealed as he was 13 years old) is going to automatically find him guilty regardless of the weak CURRENT case. So, if you take out your emotions, I think any reasonable person would find that he deserves another trial. The possibility of his innocence is more than enough for him to deserve another shot.

Submitted by support101 on Sun, 03/29/2009 - 12:11am.

Your rape was a family friend, but it was still rape. And, you did NOT go through a trial so I would like to point out that although you are trying to be empathetic, you are lacking an essential piece of the equation. Although it is not unlikely to happen, it is far easier to pass accusations around than it is to get a CONVICTION. Our system is not without fault and I plead not on behalf of any party, but on behalf of EVERY party -- because it sucks on both sides. All the things you say have been said before. I was merely trying to give a unique, and hopefully insightful, perspective. I do NOT know the facts of the case and I do NOT claim to know what happened in that room. I just wanted you to stop and think about what you type and what you say and the judgments you pass. By the way, you must keep yourself in good company if you have friends that have cried false rape!!

I do not have good things to say about my attacker. BUT, I know that my relationship with him was not the relationship he had with other people. He did not rape every person he met. He was not involved in drugs or any other illegal activity. He was an otherwise upstanding citizen. However, I am not naive in my anger and my pain and I do not expect others to understand my feelings of shame and bitterness. He took a part of me away that I will never have back. He created a blackness in my world that will NEVER go away. But, that you understand, I think. What you don't understand is the evasiveness of a public trial. Of the people around you passing judgment. Unless you sat in that courtroom or you were in the room when the offense took place then I don't understand how you can stand on your pedestal. We are human and humans are capable of great evil, even of making false accusations. I have pity for those who come forward with false accusations because it is already SO difficult. But, it is also VERY easy to ACCUSE someone of making a false accusation. As a matter of fact, it seems to be a COMMON defense technique for any promising young person to make when he finds himself confronted with such accusations. On the other hand, if this victim has gone THIS far to make these accusations then she will be judged some day by either our courts or a higher court. However, you should understand, it is a long and tedious job to convict a rapist. You do not merely show up and "perform". You claim that the jurors are human and could make errors in judgment?? -- well, here is news for you, ma'am -- SO COULD YOU and every other person on this blog, including myself.

There is no textbook for the actions of rape victims. I am glad that the person that attacked you was such scum that he was put away on other charges -- I guess his character didn't leave much to be admirable about. Not all rapists fall in that category and not all victims are like you -- So, please refrain from qualifying yourself as a person of great insight. And, please refrain from crying false charges because the victim was susceptible to high school dramas -- that hardly makes her less able to be a victim of rape.

Finally, as for the evidence of the prior case -- I highly DOUBT that as a 13 year old he made the decision to plead guilty on his own. I am sure that parents and lawyers were involved. As for why I believe that it was admissible in court for THIS case -- I do believe the victim was 16 and, therefore, a minor. I could be mistaken, but I think the accused was 17 and that might fall in the Statutory rape category even if it was consensual. Please don't hound me if I error in my statement, they are JUST MY THOUGHTS and the best insight I have to offer.

Submitted by areyoukidding on Sun, 03/29/2009 - 5:23pm.

Prior to my rape, my rapist was the vice president of a hugh company, a prominent member of church, and well-known and loved by everyone in the community. Just because he ended up getting put in jail AFTER doesn't mean that before he showed any signs of being scum. Anyway, the people who I stated were "friends" are obviously not people I associate myself with anymore.They were misguided teenage girls who wanted attention. I'm not saying that this is the case with this girl, but like I said, it could be POSSIBLE. Please refrain from trying to say something about MY character because I happened to know people who lie. If you're going to use that to say something about my character than you should examine the victims character. I'm not "hounding" you about anything. But I'm saying don't just assume she's innocent because you were a rape victim as well. I'm trying to look at the whole case, and regardless of how you feel about him/her/anything, you should be able to tell that this case is incredibly flawed. Also, in GA, the age of consent was 16 so that does not apply. To GA, they were both old enough to consent. Anyway, it is awful for both parties and both families. I just hope that for the sake of keeping our justice system fair that he gets another trial with actual EVIDENCE. If he's guilty, then the courts can again find him guilty based on PROOF.

Submitted by Lifes Snot Fare on Sat, 03/28/2009 - 11:28am.

Let's remember that poor Zach molested and sodomized a 4-year old child when he was 14 and in a position of trust and authority. That was just three short years before this attack. He has not changed his predatory ways. You may live next door to him, but unless he has set his sights on you or someone in your family, you won't know the heartache he can bring, and maybe not even then if you'll believe him over any victim. How many other victims are hugging their pillows through sleepless nights because they fear the hate and venom being thrown in Zach's defense. I promise you, Zach has visited his own unique charm on others and has not been made to answer for it. You cannot cure a sexual predator; you have to invoke the mosquito principle by making sure that one doesn't bite, again.

Submitted by support101 on Sat, 03/28/2009 - 11:14am.

WOW... I just spent the morning reading this thread and I am overwhelmed with emotions. I have no attachment to the victims in this case -- any of them: the young lady who came forward, the convicted rapist, the friends and the family of BOTH sides. You are all victims, you have all suffered, you have all lost, and you all grieve for different reasons. So, take the finger pointing out of this and realize that this is a terrible situation for everyone involved.

Now, how do I know and what gives me the right to post? I have been that girl. I have been the one who covered up what happened. I was the one that didn't come forward because I was ashamed. I was the one that looked my BEST friend (even to this day) in the eye and told her everything was fine after her CLOSE friend had raped me because I couldn't tell her that he did it... that he wasn't the person she thought he was. I was the one who silently mourned and silently hurt. I was the one terrified that no one would believe me. The longer I went without saying something the more impossible it became to tell anyone. A year went by and I was breaking down. I was too prideful to let anyone see. This guy was a member of a VERY close-nit group of friends and a very unified community -- much like this Higgins. He wasn't a bad person towards them. He cared about his friends and his family.

And then, over a year later, I got a phone call from a detective. The person who had raped me had attacked someone else. She had been braver than me. She had come forward immediately. And, so, another year later and after a lot of terrible heart ache and pain -- he went to prison. BUT, I am filled with guilt and shame -- not only for what happened to me but because I wasn't able to stand up to his friends and to the system and to justice and what was right -- IT HAPPENED TO SOMEONE ELSE.

I know you care about Mr. Higgins and it is, of course, plausible that he is innocent. I had to look my attacker's family and friends in the face and I felt complete sadness -- they were angry and accusatory. They wrote hate messages on boards like this and they posted "facts" that were only partial truths. They LOVED him and supported him. As, they should. BUT, I implore all of you to be mature enough to take a step back. To see that there just may be another side. That the young girl is suffering greatly. That there just MAY be truth and for that you should understand. As unbelievable as it was for my best friend to understand, she struggled every day with me and without me -- because she became a witness for the defense, I could not talk to her. We were both broken. And, she struggled with the truth for a long time. She could not see him committing such a heinous act. She could not see it because he had always treated her with such kindness. And, to this day, she supports him as a person -- not what he did -- but his person. She supports the good things he has done for the people around him. BUT, she believes in our justice system, she believes in the facts of the case, and it breaks her heart to see him for who he truly is, and she still see's goodness in him. And, I cannot blame her for that. But she has also seen my suffering and the years of pain that have followed. She has seen the effects of not only the rape but the terrible trial that came afterward. She has seen what those around us had to say and their criticisms..

THIS IS REAL. These are real people involved. STOP spreading the hurt and the pain and just understand. Doubt, question, have faith that the truth will persevere. BUT DO NOT BLINDLY FOLLOW A PERSON BECAUSE YOU HAVE SEEN GOOD, because you "know", because you have seen injustice -- be better than that. Support him, but do not butcher her in the process. WHAT IF SHE IS TELLING THE TRUTH??? Would it have been your sister next?? Your girlfriend or wife?? What do I say to the girl that became a victim because I wouldn't come forward????????????? Because I was too coward to face the lot of you??

Submitted by searles on Sat, 03/28/2009 - 10:37am.

I have lived across the street from Zach since the 4th grade, and all of this is new to me. My parents called to tell me about it, but it seems they held it private for a long time. I texted him on sunday and never heard from him again, so I'm just trying to get the time frame of this whole devestating thing. This girl is ruining not only her own families life, but the Higgins and my prayers go out to them. Everything will work out, God will take control. The whole story sounds very fishy, it doesn't make sense. If some guy was trying to get me to preform oral sex against my will, I would def bite or hit or something. Mr. Ed, Ms. Laura, and Emma, your neighbors are behind you and always will be! Gossip kills and this is def more serious than girl talk!

Submitted by LetItBe on Sat, 03/28/2009 - 2:39am.

I have tried my best to stay out of this online. And I will continue to do so, but first I have to set something straight.

Someone asked "If she is so innocent, where are her supporters?" and there have been other comments similar to this as well. Well we are sitting at home, proud of her, knowing that justice was served. I don't feel the need to come on her and defend her because what's the point? It doesn't matter what I say or what anyone else says for that matter; because the trial is over, and even if there is an appeal and other witnesses are involved, what is said on this blog will have no effect on the verdict.

The only reason I finally decided to comment on this article, is because there are other victims of rape sitting at home reading this, afraid to ever come forth for fear of no one believing them or being harassed for convicting an acquaintance. They need to know that this girl does have supporters. They're just remaining silent. Because she won the trial, and that's what matters.

I went to school with the victim and defendant and the so called "friends" that testified on behalf of Zach (it's a small town). and I happen to know that these were not her best friends. they are gossipers. and i have heard them talk about the victim multiple times in a very negative way, way before this all started. I'm not saying that they didn't have class with her or didn't hang out with her. I believe that much is true. But I just wanted to clear up these comments saying that if her best friends testified against her, then she must have been lying. the former part of this is false.

and I also do not believe a word they say about her "bragging" about the incident. Because I've seen for myself that she hated whenever it was brought up at school. The only reason people found out in the first place is because he spread it around. she hated when people talked about it. and now i know that is because it was what it was. so maybe, when approached about it she tried to laugh it off so that she could try to move on. why else would she risk all of her former ties to her town and school and even have to deal with threats from people on facebook (i have read them myself)? i cannot believe that she is lying.

don't ask me who I am. it doesn't matter. what matters is that she, and her family, knows that there are people who support her, however silent we remain.

Submitted by jturner on Sun, 03/29/2009 - 3:39pm.

LetItBe - I can respect the fact that you believe her - but you didn't come forth. I am one of "the so called 'friends'" that you mentioned. I never claimed to be best friends with her, but I definitely was good friends with her during this time. We hung out in the same friend group and did swim team together. She was one of my two best friends on the team, and we saw eachother at least 4 times a week during that time period. So I don't think it's fair to call me a gossiper because I decided to stand up and witness to what I think is the right thing. I am not friends with Zach, and have no reason to be involved except I knew I couldn't sleep at night unless I told what I know. I would feel guilty forever if I let someone that I know is innocent go to jail and I did not do anything to stop it. So I DID do something, and now the girl is the one who will think about this every day of her life. Every single day. So in the end, Zach is still a better person than this girl, because at least he can look himself in the mirror and know that he told the truth. She will never live a day that she doesn't feel guilty, so in the end, that's all that matters.

samoxford's picture
Submitted by samoxford on Sat, 03/28/2009 - 6:04am.

If you went to school with the "victim" then you know me. you know i'm not a liar nor am i a friend of zach, as mentioned several times in previous posts. i have NEVER heard her brag about the incident, but i have heard her say that that wasn't the first time the zach was at her house. they were more than just friends/coworkers, they had a relationship. thats why i don't think that zach did it (among other things between me and his lawyer). she got caught and messed up once. its too late, sadly i think that this is over. whats done is done. right now the only thing we can do is pray and wish the "victim" decides to step up and tell the truth.

Sam Oxford NREMT


Gene61's picture
Submitted by Gene61 on Fri, 03/27/2009 - 2:26pm.

And the debate continues.......

for why she waited so long to report the rape, the victim testified that she “was ashamed” and she couldn’t believe it had happened.

“I didn’t want anybody to know,” the victim said. “Because I felt like I let something happen to me or I’d done something to deserve that happening to me,” she said.

Sounds like the words of a young lady who was scared and ashamed to come forward...given all the love , support said Sharpsburgs man is getting,I can understand why she might have slow to come forward.

Compelling.... Yes.....


samoxford's picture
Submitted by samoxford on Sat, 03/28/2009 - 6:10am.

as harsh as this sounds, and i am trying to say this as nice as i can, its kinda like the generic rape excuse we see every week on Law and Order. she would have had a heck of alot more support if she would have come out with this, say i dunno, 3.5 years ago???

Sam Oxford NREMT


Submitted by ugadawg87 on Fri, 03/27/2009 - 10:12pm.

The support isn't just for Zach and against the girl. It's support for his innocence. Remember, it's not just Zach's friends that are in an outcry. Some of the girl's own friends testified on behalf of Zach and have been in an outcry on this board. Many people who have had poor opinions of Zach have been up in arms against his conviction.

The people on these boards aren't just standing up for a friend. They're standing up for justice, or lack thereof.

ahavah_lachaim's picture
Submitted by ahavah_lachaim on Fri, 03/27/2009 - 11:28pm.

Perhaps if his friends and family weren't joined by people who admittedly don't even like him in protesting his innocence,then convincing supporters of his guilt would be plausible. As it stands, her own friends testified for his side and even an ex-boyfriend, with whom she parted amicably, asserts Zach's innocence, what motivation do supporters have to believe that he is the liar?

Ahavah

"Despite treason after treason, and sabatoge after sabatoge, God's empire of light never falls into total eclipse. Satan wages a futile war."


alittlebirdietoldme's picture
Submitted by alittlebirdietoldme on Fri, 03/27/2009 - 10:45pm.

you said you weren't commenting past your last post. ??


Submitted by ugadawg87 on Fri, 03/27/2009 - 11:16pm.

I said I wasn't commenting about the case on my blog, as I specifically stated in my blog that it was not a place to discuss the case, only Zach.

This, however, is a place to discuss the case. I have kept my comments few and far between, but when I read something that contains a fundamental inaccuracy, I'm compelled to make a comment.

Are we curtailing free speech as well now?

Submitted by Concerned_Citizen on Sat, 03/28/2009 - 10:42am.

ugadawg87 - wrote
Mistakes
Submitted by ugadawg87 on Tue, 03/24/2009 - 10:18pm.
I don't think it is prudent of me to continue to post on this article as I am so close to the individual, but I will leave you with one more statement.

Again I point out that you know only what you have been made to believe about either of these cases. It sounds to me you have much faith in the purity and sanctity of the American justice system. Unfortunately, it would be naive to believe that everything they tell you is "the truth, the whole truth, and nothing but the truth." This is not the way things always go unfortunately. This is a prime example of why we as American citizens must perform our roles as watchdogs of the political establishment. This is not the end of the case, and you will eventually know the truth.

Also, she had many ways of knowing about the previous case as it was not entirely a secret.

I hope that you stand by your claim to admit when you make a mistake and admit you are making a mistake now in believing this man is guilty when the truth comes out.

end ugadawg87 writing

This and your blog is really useless energy for helping your friend. Use your time as a positive way to make a difference. This is just an avenue to make YOU fell like you are helping Zach. You are not getting any closer spending time here. I'm sorry, I'm not trying to attach you, but if it were my best friend, guilty or not, I would be more pro-active.

Submitted by ugadawg87 on Sat, 03/28/2009 - 1:26pm.

I appreciate the advice...but clearly you are so far from the case that it is really senseless rhetoric. There are some people who can help legally and there are some people who can help preserve his good name. Just because some of us cannot offer help that can be held up in a court of law does not mean that we can't offer help that can be held up in a court of public opinion.

Being pro-active does not only include gathering evidence or contacting lawyers, it includes fighting the persecution that he is getting for something that he did not do. I'm sorry you don't think that these things matter, but if it was your friend, your brother, your son...I'm sure you would have a different opinion. A man's reputation is one of the most important things he can have. As Shakespeare said:

" Who steals my purse steals trash; 'tis something, nothing;
'Twas mine, 'tis his, and has been slave to thousands;
But he that filches from me my good name
Robs me of that which not enriches him
And makes me poor indeed"

Zach has had his name brought through mud--and it is our job to fight against this.

As a final note, you also don't know what goes on away from these message boards, what else I have done, nor what anybody is doing for that matter. It is extremely presumptuous and rather insulting of you to say that we aren't doing anything.

Submitted by Concerned_Citizen on Sat, 03/28/2009 - 3:44pm.

Sorry Dawg but you missed my point. I certainly was not trying to insult you or anyone. Proactive - Go out and make a difference for your friend. Preserving his name? Why now? He didn't before today and he can't from where he sits. You can work on preserving his name if he is innocent and you can get him home. That's the time for that.

I do understand proactive, and I am not close to the case. But I do know that if you have the 500 or so friends that think he is innocent, raise the money to get the right defense team for him. I'm sure a defense fund would be appreciated by him and his family. Do the math, if the 500 friends gave or raised $100 each, it would be a good start. Then imagine the power in those numbers if it's 200, 300, or more. That's real proactivity for your friend.

I'm sure that you are doing more for your friend than just blogging. I didn't mean that you weren't. I meant that the time blogging could be wiser spent else where.

Shakespeare? Please spare us. Not even needed. He gave his good name up. Remember?

One more thing. You seem to be a leader or want to lead this group to help your friend, so ask your friends to be Zach positive and not to ridicule the victim at this time. Remember, his was convicted of this crime, so he now needs to be proven not guilty.

Good day.

Submitted by ugadawg87 on Sat, 03/28/2009 - 6:39pm.

Not a Shakespeare fan eh? To each their own...

Listen, I'm not going to argue with you. It's impossible for you to grasp this situation and as such impossible, and pointless, to argue about.

You present a very pie-in-the-sky idea as if it's just as simple as it can be. Things aren't that easy.

I appreciate your concern though, however misguided it may be.

alittlebirdietoldme's picture
Submitted by alittlebirdietoldme on Sat, 03/28/2009 - 1:40pm.

you speak out of both sides of your mouth...
isn't there a bulldog game on you can watch?


alittlebirdietoldme's picture
Submitted by alittlebirdietoldme on Sat, 03/28/2009 - 1:40pm.

you speak out of both sides of your mouth...
isn't there a bulldog game on you can watch?


Submitted by Stroke on Fri, 03/27/2009 - 1:19pm.

This case simply should not have gone to trial. Scott Ballard and the Fayette DA office have done this young guy a grave injustice that can never be rectified. He must have been tried and convicted on the previous molestation conviction, which, to screw this guy over even more, also had some question to it about what exactly happened. I suppose if one subscribes to the old simpleton theory that where there is smoke there if fire, he MAY be guilty of this so called rape. This OJ jury group of Mensa's must certainly believe this is the case.

Submitted by MacTheKnife on Fri, 03/27/2009 - 1:18pm.

Did you ever notice that everyone wants to be REALLY tough on crime and want's the harshest of punishments.....until it's someone they know or like?

Did we all read this part together? "The jury also heard testimony that Higgins had a prior history of child molestation and sodomy stemming from a 2003 case in Coweta County involving a 4-year-old girl he was babysitting. A 14-year-old at the time, Higgins admitted to the charges and was adjudicated delinquent."

That alone would have garnered a 20 year sentence in most states. To think it had no MAJOR impact on this case would be asinine.

Submitted by ugadawg87 on Fri, 03/27/2009 - 10:16pm.

So what you are essentially advocating is double-jeopardy...which has been determined unconstitutional. Am I correct and coming to that conclusion based on your statements.

Interesting. Interesting that so many Americans are willing to do away with the freedoms set forth by the framers of the Constitution. What has this country become...

ahavah_lachaim's picture
Submitted by ahavah_lachaim on Fri, 03/27/2009 - 1:34pm.

I'm all for punishing criminals to the fullest extent of the law but A) Zach served his time for the previous charge and B) to convict him of a crime he DID NOT commit and sentence him to, in essence, a life in prison because of a previous conviction that he already served time for is double jeopardy and is grave injustice.

Ahavah

"Despite treason after treason, and sabatoge after sabatoge, God's empire of light never falls into total eclipse. Satan wages a futile war."


Submitted by PTC Observer on Fri, 03/27/2009 - 11:57am.

Based on the findings of the jury, the boy is guilty. End of this sad story.

The lesson we should learn is that actions and situations we put ourselves in have repercussions. It's a lesson for adults and children alike. Drinking and driving. How we treat others on the road. Respect for one anothers feelings.

It comes down to how we teach our children to use good judgment and our expectations for their behavior.

Remember character is what we do when no one is watching, and character is learned.

Two young lives changed forever, such a pity.

redrooster's picture
Submitted by redrooster on Sat, 03/28/2009 - 6:42pm.

I spoke to one of the jury members, they we "shocked" at the sentence and based their decision on the prior incident according to this person.


Submitted by ugadawg87 on Fri, 03/27/2009 - 10:19pm.

Not sure how you figure this. No evidence was brought forth to support this charge. Only inflammatory language about his history. If you advocate a case of double-jeopardy, which is unconstitutional, then perhaps you MIGHT make a case. Otherwise, Zach is a victim of an overzealous justice system.

sniffles5's picture
Submitted by sniffles5 on Fri, 03/27/2009 - 10:48am.

Interesting comparison between the 2005 Jeffrey Allen case and the 2009 Zach Higgins case.

Zach Higgins
++++++++++++
White male
convicted of one previous sexual offense
What District Attorney Scott Ballard did: prosecuted Higgins to fullest extent of law, got conviction and 35 year sentence.

Jeffrey Allen
+++++++++++++
White male
convicted of FIVE previous sexual offenses
What District Attorney Scott Ballard did: appeared as a character witness on Allen's behalf as a "private citizen".

What's the difference, you may ask?
Was it the fact that Allen's parents donated $1000 to Ballard's re-election campaign?
Or was it the fact that Allen belonged to Scott Ballard's Bible study group?


Submitted by Daniel Ross on Fri, 03/27/2009 - 11:05am.

Ballard wasn't the prosecutor for the Allen case. He has to recuse himself because he personally knew the defendant (that being said, he shouldn't have even participated in the case).

matt.barnes's picture
Submitted by matt.barnes on Fri, 03/27/2009 - 10:53am.

You did say what Jeffery's outcome was? Did he get off?


Submitted by nboyd on Fri, 03/27/2009 - 9:52am.

It just seems that people, especially you soproud, are attacking the fact that people are saying horrible things about her to try and shift the argument from the fact that there is no evidence. These emotional people have no argument. Its null, and doesnt not even need to be discussed. So who cares, yes these people are saying horrible things, but that doesnt automatically make the case null because people are getting emotional. I personally am just ignoring the parts that people are saying about the girl because it doesnt matter, and i am STILL just not convinced about the "facts" of this case!

Soproud you say that these women were scared, upset, ashamed to come forward. And also the person after you said that the abuse woman kept quiet until going to court. Yes thats all fine and good, sounds like normal rape and abuse victims but what you are failing to talk about is the fact that people are testifying that this girl TALKED ABOUT IT. ALOT. to several people!!! I do not want to say that this automatically does not make her a rape victim, but i also want to make sure that this is something that people are thinking about because it needs to be discussed! Why did she talk about it so much????

This to me seems to be the gravitational point in the entire case. This is the one thing that jumps out at me that just doesnt seem right, especially that the girl didnt call it rape until her parents confronted her about her promiscuity, allegedly. If you were ashamed, disgusted, and disturbed about it, why would you lie to your friends about it and brag about it? And so if she did actually hate it and was disgusted, this means that she lied about it to her friends and makes me doubt her ability to tell the truth!

Also, another thing to think about. Seems to me that it would be easy to convince yourself that you were raped if you had a sexual experience that made you feel bad about yourself afterward. But to me personally, making the wrong decision about your sexual boundaries and then feeling ashamed of it afterward is VERY VERY different from not wanting to do anything sexual and being forced into it; although the ashamed and disgusted feelings are still there in both cases. So this is another thing that i think could have possibly happened. Which, if this were the case, the victim is not lying, she is just confused about what rape is.

In my opinion, this case is NOT about his character, because we KNOW what people think of him and we KNOW what happened in the past, but neither of it matters. The case is all about whether what she is saying is the truth or not. I think THAT is what everyone should be talking about. Not about how she is a whore, not about how she is a bitch and deserves to go to hell. Not about zach and his decisions. Everyone should be talking about WHY she talked about it so much. WHY are people saying that she said all these things. WHY did she wait until her parents confronted her during the circumstances she was in???

This case is about her credibility and the ability for her to tell the truth. Period.

matt.barnes's picture
Submitted by matt.barnes on Fri, 03/27/2009 - 10:03am.

You are right this discussion should be about facts. Its not a popularity contest. It shouldn't matter if poeple think this girl is a tramp. And likewise it shouldn't matter that Zack seems to be everybody's BFF.

All this "Zack is a great guy" crap is actually making me think he did do it. Because Zack seems to have an incredible ability to con every person he meets into blindly loving and following him. Which is exactly the kind of personality trait that aids a date rapist or a child molester to be sucessful. I mean come on. This guy is a convicted child molester yet he is held in the highest reqaurds by everyone he meets. He is a child molest and "a leading member of the church youth group". How does that happen? How do you go from being a convected child molester to being the leader of you youth group two years later?


alittlebirdietoldme's picture
Submitted by alittlebirdietoldme on Fri, 03/27/2009 - 8:55am.

I have a good friend whose husband was abusive....but nobody in her life knew it. It all happened behind closed doors....when it came to court, he brought witnesses (neighbor, church people, co-workers, friends) ...saying that he couldn't possibly have done this..he's a nice guy, he goes to church, he's so friendly to everybody....he has his own business....he throws the ball with his kid...WHAT DOES ONE HAVE TO DO WITH THE OTHER?

A sociopath is one who appears one way to the general public (ie:SCOTT PETERSON) and is a monster in private. http://www.mcafee.cc/Bin/sb.html

ps- the truth came out in court and she has a restraining order against him.
But (shock)--his "friends" STILL don't believe it...{sound familiar!}

The moral of the story--don't bother trying to change Zach's friends minds...they will never believe it.


Submitted by Concerned_Citizen on Fri, 03/27/2009 - 10:23am.

All the finger pointing will not do your friend Zach any good. I do understand the shock and disbelief of what has transpired. But he is a convicted Sexual Predator as of this week. He is an admitted Sexual Predator as of several years ago. Did he commit this recent crime? His many friends say no, his accuser says yes, and the jury, yes the jury agreed with the victim. What is amazing to me is that the jury is a group of 12 individuals that all decided rather quickly that the crime occurred. I would think that will weigh heavy in any appeals. My heart goes out to all involved. I hope that the victim will be able to move forward and I hope that Zach truly does see justice. If he is falsely imprisoned, may he get it reversed. But regardless, he will always be a Sexual Predator. I do think it will be very difficult to find a jury and/or a judge that will reverse this verdict without substantial evidence on Zach's behalf. That goes far beyond friends saying she's not a nice person, or former boyfriends that don't like the predator, but decided to speak up. For the judges and jurors who don't know Zach like his friends claim, they simpy will be unwilling to risk freeing a two time predator. I'm sorry, but that is my opinion.

So......If you all would like to help Zach, stop the finger pointing on this useless blog and go raise the money that "soproud" mentioned earlier. You are all young people who are creative, and can come up with ways to raise money.

Please....If you spend your time standing on a corner collecting money instead of trolling this blog, let the kind donators know what he is convicted of.

May justice be served if it hasn't already been!

Submitted by bamagrl on Fri, 03/27/2009 - 4:58am.

Perhaps it is you that should revisit a government class. The very right that allows "LetMeEducateYou" and others to spout off their mouth/pen/keyboard and grace us with their opinions, allows me to tell them to keep it shut if I want. Free speech is not free, one must also be willing to accept the consequences of that speech. We are not Zach's "homies" and we are not ignorant of the facts of this case. Let me ask you this: if she is so innocent, where are her supporters? Many people have spent time in prison for crimes they did not commit. A jury is made up of everday people, most of whom do not have law degrees. It is within reason to think that they made a mistake.

Submitted by soproud on Fri, 03/27/2009 - 6:57am.

Her supporters are at home, taking quiet pride in the strength and determination of this brave woman to keep others safe. The fact of the matter is that Zach Higgins is a multiple sex offender. I have no doubt that there are other victims beyond the two that are mentioned in this article (rape is the most under reported crime in America). Maybe those other girls didn't want to face the shameless ridicule and vile slander that you cowardly maggots are so quick to dish out on the internet. Maybe their cases did not have enough evidence to prosecute but this one did. All of the evidence, by law, must have gone through multiple judicial revisions including one by a grand jury before the case ever went to trial. In each review the evidence was deemed sufficient, go figure. Where are her supporters? We're at home living our lives while a disgusting piece of subhuman filth cries in a prison cell, with that deep fear in his heart that he'll never taste freedom again (he won't btw, no Appeals court will ever throw out the original verdict, plus if there's a group of people that inmates hate it's child molesters so he's gonna be fair game for every sexually repressed convict in there). We're at home, getting over this while his mentally deficient friends scream about justice and throw online temper-tantrums like spoiled brats whose mommies won't buy them a toy (Nice facebook group children, now let's see you raise 100 grand for his legal fees. Good work Zack, not only did you sexually assault young women but you also bankrupted your family, your parents must be so thrilled) Most importantly, we are thankful that this woman came forward, and stopped pretending like everything is ok so that a sick and degenerate serial rapist would never find another victim nor a moment of happiness. For that, we keep our heads up high and we hope that she will too.

Also: For the love of God people, enough with the high school rumors. Is everything that people believed about you in high school true? Let's hope not. Do a little research, many rape victims initially try to hide what happened to them because they fear their "friends" will turn on them, as you all have so eloquently demonstrated here. Google it, morons.

Submitted by gw7732 on Fri, 03/27/2009 - 9:32am.

These are not high school rumors.The alleged victim is a liar.That is a fact.Fact 1 She told at least 4 people that the sex was consensual.Fact 2 She told the jury it was not.Put that in your fact book.

Submitted by jevank on Fri, 03/27/2009 - 9:08am.

You are right, soproud, we are here. Arguments to your post (or this one for that matter) will not change that.

I hope and pray that this girl and her parents know how couragous we think she is.

samoxford's picture
Submitted by samoxford on Fri, 03/27/2009 - 7:19am.

well, your either a close friend or family member of the "victim," in which case your biased opinion doesn't really matter. i dated the victim a short time after this happened (about a month later)i heard the rumors at school so i asked her about it...she told me what happened and said it was consensual. to be honest i really dont like zach. i have nothing against the victim. her and i were not on bad terms when we broke up YEARS ago. i would have come out with this sooner if i would have known this court case was going on. trial is over and i wish i could of spoken up sooner...maybe could have saved an innocent mans life...


Submitted by soproud on Fri, 03/27/2009 - 7:27am.

Let me go ahead and state my bias: I hate rape and I hate rapists even more. I have absolutely nothing to do with this case, but I do know what rape can do to people, I know how people react to these cases. Oh yeah, girls love telling their boyfriends about being violated. Sweet Mary, I pity you. One day you'll realize this when you have your own kids. Although let's hope for the sake of the gene pool you don't. And finally, my opinion may be biased but an opinion doesn't matter one iota, especially yours. Do a little reading on the mindset of a rape victim, then do some research on whether or not sex offenders can be rehabilitated. Children need to learn before running their mouths.

Submitted by gw7732 on Fri, 03/27/2009 - 5:28pm.

This guy is an EMT.He is a public servant working for low pay to help others.You soproud are an A-- Hole for telling him "One day you'll realize this when you have your own kids. Although let's hope for the sake of the gene pool you don't."We see what kind of friends the victim has.

samoxford's picture
Submitted by samoxford on Fri, 03/27/2009 - 7:36am.

cheap shot... that just shows maturity on your part making assumptions about people you dont know. you may hate rapists as every person should. but you dont know the people involved in the case like i do. do you really know the whole story? there is much much more here than what is being told in the article above. i was just shareing my side of the story...what she told me. ask the "victim"...you know her better than me at this point.


Submitted by soproud on Fri, 03/27/2009 - 7:46am.

No no son, the cheap shot is your betrayal of someone you supposedly dated in favor of a convicted child molester. Take a look in the mirror if you want a lack of maturity. Ask yourself is this the person you really want to be? And if I ever meet the victim, then I'll say she did the right thing to protect her community, and that people like you, Sam, are cowards.

And yes, I know he's a rapist. He admitted it in an earlier case, and then 12 unbiased people confirmed it in this one. So yeah, I'm pretty darn sure he did it.

samoxford's picture
Submitted by samoxford on Fri, 03/27/2009 - 7:57am.

now your making this a personal vendetta towards me...you know nothing about me. i held a dying 3 year old child in my arms last night attempting to save her life as she took her last breath as her mom watched. i'm an EMT. i have to deal with this everyday of my life. i know how precious life is, when uninformed people like you try to force your biased opinion upon others thats a coward. go back to your desk push some papers and lets get back on the facts...and stop the personal attacks.


Submitted by soproud on Fri, 03/27/2009 - 8:15am.

What bothered me about the discussion going on here was that no one was talking about the facts, including you. I read this article and said to myself, "Good for her", then I saw everyone who claimed to know her saying terrible things about this girl, and I felt like I had to say something. A few years ago, I did some volunteer work for a sexual assault victim's advocacy group in the South West that dealt primarily with Hispanic women. Many of these women barely spoke English, almost none knew anything about the legal system, but every single one of them was terrified: that people would find out and that they wouldn't believe them or that they'd think it was there fault. Many of these women just wanted to forget about it and move on, try to hold it all inside, but no woman can do that forever. Sometimes it takes a while, but these profound feelings of anger, frustration, guilt, and terror always come to the surface. Sadly when that happens, it's often too late for these women to get the justice that I feel they deserve. Most women are raped by someone they know. If it's a boss or superior, they fear they'll lose their jobs; if it's a family member, they worry that no one will believe them; if it's a classmate, they think their friends will turn on them. And in the vast majority of cases, their fears are confirmed. This is known as the "Second Rape", many of the women I talked to said it was more painful than the actual assault. My beef with you Sam, is that you're taking part in this. You were not there on the night of the incident, so as a matter of FACT, you don't know what happened. You are making judgments based on a limited set of information, as I am. However, I tend to see good reason in putting one's faith in the American legal system, the most open and just set of laws on planet Earth by far. I may be biased against the defendant, but he is an admitted child molester, and these people don't change. What appalls me is the way in which you have turned on someone it sounds like you once cared about. I'm out, finished, I don't have anything more to say to you or anyone else on this issue. Just take a moment to think about all the things that you don't know, the jury convicted this man for a reason. No woman subjects herself to the kind of scorn that this girl has received just because. I commend you for being an EMT, but if you really care about victims, you've got a lot to learn.

matt.barnes's picture
Submitted by matt.barnes on Fri, 03/27/2009 - 9:52am.

"You don't know Zack like I know Zack", "Zack is a great Guy", Zack can walk on water, etc....

These are the sort of comments that are bothering me most about this story and this thread.

Before the Zack groupies get all pissy and tell me this site is for people for care about Zack let me start by saying I am on Zack's side. Not because I think he is and awesome dude or an outstanding member of our community. I am on his side because I don't think he was given a fair trial. His jury was not fair and they were not impartial. An angry torch carrying mob would have been more fair than this jury. What bothers me about a lot of these post is that most of these have completly missed the point. A fair trail is fudamentaly one our most important rights iin this country and Zack wasn't given that. I understand what "Soproud" is saying above. There are thousands of girls and women around our country who do get raped in situations very similar to this one and the rapists very often get away with it. While that is very frustrating and sad, it does not make mean that every guy that has a finger pointed at him is guilty.


The Crime Dog's picture
Submitted by The Crime Dog on Thu, 03/26/2009 - 11:13pm.

I have tried to stay out of this thread but I have a few observations that might prove helpful to you all. I am *not* a lawyer but have a quasi-legal background and am familiar with how "the system" operates.

1. By Georgia law, higher courts will *not* overturn verdicts based on a jury's decision. The jury's verdict is sacrosanct in this regard. In other words, if the jury believed the victim over the four friends, the court isn't going to grant an appeal.

2. The most likely opportunity to overturn the conviction is to appeal based on the child molestation conviction being allowed. However, this is also a VERY LONG SHOT because what elected judge wants to overturn a verdict on not just a convicted child molester but an ADMITTED one.

3. If you look up the code section online, the 25-year sentence is the *minimum* for a rape conviction.

4. For some reason the decision was made for Zach not to testify. In any other case, it's a given that the defendant would tell their story in the best effort to give JUST ONE juror reasonable doubt. That didn't happen here.

4a. I'm just speculating here, but chances are Zach's story wouldn't hold up on the stand for whatever reason. That's most likely why he didn't testify. Which leads us to the following question:

WHAT IS ZACH'S VERSION OF EVENTS?

This all leads us to the following sad conclusion.

Through a host of legal and moral decisions, Zach ended up in court. For reasons many of you will never understand, a jury of 12 adults EACH found him guilty. Chances are, most of these older adults have kids and would hate to have a child in either position (Zach's or the victim's). You can bet your fanny they took their decision very seriously.

And that brings us to the victim. Many people on here have speculated she was simply trying to stay out of trouble with mommy and daddy by claiming rape. Or she "just wanted to get back at Zach."

IF SHE WAS LYING there's no way her story would have "held up" on the stand. IF SHE WAS LYING why did she risk the scorn and ridicule of Zach's legion of friends?

IF SHE WAS LYING don't you think one, just ONE of those jurors, would have been able to detect it?

I am sorry you all are grieving for your friend. I respect you for standing so strong in his defense.

But there are only two people who know the truth. One testified in court. The other didn't. And while there is no requirement for a defendant to testify, that really is the *best way* to refute an incorrect version of events offered by the victim.

The big unanswered question here is: What is Zach's version of how that night transpired?


Submitted by JusticeForAll on Thu, 03/26/2009 - 10:09pm.

Where was Zach's lawyer throughout this whole fiasco? I feel as though a high school debate student could have brought about a better defense for Zach. This is why court cases should be on public record.

alittlebirdietoldme's picture
Submitted by alittlebirdietoldme on Fri, 03/27/2009 - 8:34am.

Does Mr. Harris represent the upstanding citizens of this county?
I think not.


Submitted by AtHomeGym on Thu, 03/26/2009 - 7:53pm.

Clearly, someone in this case is lying. It would be good to see them both take a polygraph (recognizing that it would not be admissable in court). In fact, I'm surprised that the accused's (onvicted) lawyer didn't cause that to happen It could have still have been a strong piece of argument in the defense case, especially if the proclaimed victim refused to submit to the polygraph.

Submitted by bamagrl on Thu, 03/26/2009 - 7:05pm.

Well aren't we all just lucky to have you online to educate us. It must be a real burden to walk around all day with all of that knowledge in your head. I do hope you continue to enlighten us with your pearls of wisdom. If you don't personally know Zach Higgins (like I do) or this girl who has dragged his name through the mud, then you should just keep your big mouth shut!

Gene61's picture
Submitted by Gene61 on Fri, 03/27/2009 - 12:42am.

Let me educate you myself, in this country we all have the right to free speech. Thus we can and often do on this site post our opinions, and points of view.. You and no one has the right to tell anyone to shut their mouths, sorry in a free country we're all free to agree or disagree, its called a republic for a reason.

No matter what, everyones opinions matters, thats the American Way, seems a few of you didn't learn that in school about our great system.

For the record, no one has opened their mouths, they have used the pen, or in this case the keyboard, again our/ your right to offer an opinion. To be taken seriously , ones must repect others opinion, even if it is different that yours. As was once said,

" I do not agree with what you have to say, but I'll defend to the death your right to say it. "

I understand this hightly emotional issue, but lets some sort of decorum, this isn't Myspace or Facebook.

Essentially, if one's ideas are appropriately embodied and presented (thereby observing decorum), then one's speech will be effective.

Thank you...


Submitted by reuter12 on Thu, 03/26/2009 - 3:39pm.

We will be praying for you Zach,

We know that you are the type of person that would help anyone out whether you knew them or not. I think he has a really big heart and a lot of compassion in him. If you were having a bad day and he was around he would try anything to get you to laugh. He was always around when you needed a helping hand. .I remember him coming to his friends band concert, and to show support, he was helping them out by trying to get anyone to buy a t shirt from the band, he would of done a kart wheel if you asked him too. We will miss your funny stories and your late nights singing rockband in the living room pitched just about as high as mike’s voice. I remember getting into an argument with Zach, and found him up on the stairs to my house to apologize to me, Zach will admit when he is wrong, he always has. When I first met him he was with a couple of his friends at a restaurant where I used to work at, and he was probably one of the funniest guys I have ever met. He also gave one of his friends enough courage that night to ask me out, thank you Zach Higgins for that, and now we are getting married and you wont be there with us to share it. You have brought a lot of joy and happiness to so many lives, and I know we will never meet anyone as funny and sweet as you. Your friends are devastated without you, and we pray for you.

Georgia Innocence Project (GIP) was established in 2002 to secure the release from Georgia prisons of individuals convicted of crimes they did not commit and to help those individuals transition successfully back into society. In addition, GIP seeks to educate attorneys and law enforcement officials in investigation and trial procedures that will reduce the chances of wrongful convictions, to make the public aware that wrongful convictions are not rare or isolated events, and to help the exonerated rebuild their lives.

GIP’s first task was the successful passage of legislation to provide for post-conviction DNA testing in Georgia and the mandated preservation of physical evidence in criminal cases post-conviction

Submitted by icecreamemperor on Thu, 03/26/2009 - 3:26pm.

First of all, to clear up the so-called "child molestation" incident. Zach was 13 years old, and a 4 year old walked in on him in the bathroom and saw his penis. Later on, the 4 year old says something to her parents about his "penis". The parents freak out and start asking the 4 year old if he did anything bad to her. A child that young has ZERO concept of sexuality. Have you ever tried to ask a 4 year old a serious question? Ask anyone who has had a young child, nephew, niece - children answer questions the way they think you WANT them to answer. When they question the child about it, and say "did he put your pee pee in your wee wee?" she answers "no" and "yes". She has no idea what they're talking about. Here's the kicker: the child was NEVER tested for any evidence of molestation or rape. There was nothing indicative that anything happened whatsoever. Zach is "guilty" of this because an attorney advised him to plead guilty or else it would manifest into a huge mess that would drag on for years. Although his attorney's advice is questionable, he was a 13 year old who was scared {{{{EDITED & WARNED for language}}}}}}} and trying to stay out of trouble, taking advice from an expert because he trusted him that it was the best thing to do. So now, in this case, the "victim's" defense is to use this alleged molestation charge again and again in the case, and he essentially got convicted because of THAT. Look at some of the replies here even, people are saying whether he raped this girl or not is irrelevant because of what happened to him when he was 13; "he's a monster, and we need to get him off the streets". They gain the jury's sympathy by making them believe he is a sick sexual predator by bringing up an irrelevant past case he had, and that's why he's in jail right now. It is 100% GARBAGE. WAKE UP.

It's hard to keep from getting angry when you hear people say things like "if you do the crime, you do the time". He didn't commit this crime. A girl has an unrequited crush on Zach, they have sex, and 3 years later, she is called out on her parents for being promiscuous and having sex with multiple guys. Strange how that event was the catalyst for her admitting that Zach "raped" her. Who do you think was pushing for her to bring it to the police? Her parents. She couldn't back down because she would be in serious trouble for falsely accusing somebody of rape. She couldn't back down when it went all the way to court, and she couldn't back down when he was sentenced to 35 years in prison.

I don't believe in God but I'm praying that there is a right and wrong and sense of justice in the world. It makes me sick to think that our judicial system is this flawed. A man is convicted on something based on one girl of questionable reuputation saying that he did it. Despite 4 other FRIENDS OF THE "VICTIM" admitting that she BRAGGED about the CASUAL SEXUAL ENCOUNTER, it is completely ignored. If you have a brain and a heart, you need to start realizing that somebody just got sent to prison for something they didn't do based on shoddy to non-existent evidence. If it happened to your brother or somebody close to you, you would be furious. WAKE UP.

Submitted by LetMeEducateYou on Thu, 03/26/2009 - 4:04pm.

I'm assuming you are either a friend of Mr. Higgins or a family member because you are concealing information about his earlier conviction.

If you were present during the trial you would have heard the ENTIRE story and what all was done to that 4 year old.

Zach Higgins was found guilty of TWO charges of child molestation. One of those charges was AGGRAVATED child molestation.

The story about the child walking in on him was only how it began, there was MUCH more that happened later.

Submitted by icecreamemperor on Thu, 03/26/2009 - 8:13pm.

First off, I'm NOT a member of the family. I'm an unbiased bystander.

The jury didn't "prove" anything. Using Zach's previous conviction in the trial was a calculated defensive tactic used to manipulate the jury into sentencing him to jail BECAUSE THERE WAS NO EVIDENCE TO DO SO OTHERWISE. You KNEW you didn't have a case, and knew that bringing up his prior conviction would put him in jail by manipulating the jury's emotions. You are here to defend a weak conviction based on irrelevant information. You can say that it was technically within the bounds of the law, but the point was obviously to distract the jury from the complete lack of evidence. So therefore, he didn't get convicted based on this "crime" and this case, it was heavily influenced by the prior conviction. Zach admitted that a sexual act took place because it did. As for it being without the "victim's" consent, there was literally no proof, only the words that she wrote down on that piece of paper. You say that I'm concealing information and then imply that there is much more to the story, but you choose not to elaborate. You also don't argue with the fact that there was no evidence that he did ANYTHING to the 4 year old girl because you know there isn't any. You are able to say that there is "much more" to the story because you feel it holds water due to the fact that Zach pled guilty to those charges. Whether or not he really did it, or did this, is irrelevant to you.

You are essentially implying that based on technicalities, you have no moral qualms with the fact that it is extremely likely that Zach is in prison for something he didn't do. There is a moral issue here and you know it. And guess what - it matters to some people. That is why Zach has hundreds of people within days willing to defend him. So where is everybody to defend your lying little scamp? Nowhere, because everyone knows you pulled of a hack job and that there is a strong injustice being committed. Stop trying to demoralize people- whether you're one of the incompetents involved with the prosecution or a biased parent trying to cover the fact that your daughter is a conniving, lying, poor excuse for a human with no concept of right or wrong.

Submitted by 1bighammer on Thu, 03/26/2009 - 4:37pm.

some more of those details with us. You don't have to mention names. You keep bringing it up as establishing a pattern, give us details so we aren't all in the dark. If you aren't willing to share..the just SHUT UP about it already!

Things aren't always what they seem to be. I have a friend who refers to himself as a drug dealer...in reality he is a Pharmaceutical salesman. A huge difference. Just labeling someone a Child Molester does not make it so!

Submitted by LetMeEducateYou on Thu, 03/26/2009 - 4:57pm.

How do I keep bringing it up to establish a pattern?

I've never said that before on here.

matt.barnes's picture
Submitted by matt.barnes on Fri, 03/27/2009 - 11:07am.

Whar are the details of the child molestation story? You commented that they were given during the trial you were at but the article didn't say much and neither has anyone else. Everyone on this post below the age of 25 seems to have been at this trial but nobody seems to have any comments or opinions beyond what a great guy ZAck is. You seem like a objective person. What are the facts?


Submitted by PTCfam on Fri, 03/27/2009 - 8:39pm.

Those details SHOULD be disclosed, everything else certainly has been! The people that attended this trial have SO much to say about the victim's reputation and Zach's character, but are amazingly mute about the details of his past offense. Were the "details" actually disclosed at the trial? And if so, why the silence? If the details of his prior offense determined the jury's decision, they should be published so that people will finally understand why a seemingly 'wonderful' young man has been convicted of rape. The details must come out if people (especially his friends) are to understand and finally accept the jury's decision.

Submitted by JusticeForAll on Thu, 03/26/2009 - 2:56pm.

Does anyone know the facts behind the prior conviction? There seems to be a lot of talk about it's importance to the trial. As well as a lot of talk about the fact that he was told to plea guilty in the case of the 4 year old by his lawyer to avoid further court costs, greater sentence, or something of that sort (as a personal friend of the defendant, I've heard many stories through the grapevine and feel that I need some clarifications about the previous trial before I can accept his guilt in this case).

I can't believe that this trial hinged on but one prior conviction. It has no weight on whether he raped this young woman, only on the jury's opinion of his character. Does any physical proof exist? And if not, how uneducated must a jury be to convict an INNOCENT UNTIL PROVEN GUILTY man? Do they know how our system is supposed to work?

Submitted by 1bighammer on Thu, 03/26/2009 - 3:43pm.

is that in our court system there is no longer a presumption of innocence. Once arrested, you are guilty unless proven otherwise. This case is typical of that it seems, if not, then there is no way he should have been convicted. No physical evidence, just She Said, He Said so it would seem that it was incumbent upon Zacks lawyer to prove his innocence rather than the prosecution prove his guilt.

Everyone that has a teenage son should sit up and take notice of this case. Your son could be next!

Submitted by kimber87 on Thu, 03/26/2009 - 1:56pm.

Zach and I have never been super close. We did, however, hang out with the same group of friends and often spent time together. About six months previous to this "incident" in question, Zach, my younger sister, her best friend, my best friend, and I all went together to a concert. Zach was one of the nicest guys out there and hung out with us like he was one of the girls. There was never a moment in the years of friendship that he made me or my female friends uncomfortable. I understand there are previous charges against Zach that may have convinced jurors that he was capable of the crime, but being capable and actually commiting the crime are completely different. The only evidence presented in this article leads me to believe that Zach was seen in a skewed light only because of a past conviction, rather than viewing the actual evidence of the testimonies. As a pre-law student at UGA, I find it so difficult to believe that with the lack of hard evidence presented against Zach, that he was convicted for a 35 year sentence. Firstly, all the witnesses presented validated the "victim's" reputation in our community. If Zach is so guilty, why hasn't any of her friends come foward to defend the conviction? If she's such a high quality person, why hasn't anyone come foward on this site or any of the Zach support groups sprouting up to defend her? Zach must have made a major positive impact on all of our lives in the Fayette county community for so many people to feel so strongly that he is innocent. Secondly, besides the fact of Zach's positive representation to our community, the actual evidence against him seems minute. There is no physical evidence. If anything, the "victim's" testimony seems to go against her own argument. She talks of how she had a crush on him, how she was excited to have him over, and has never brought it up previously as a negative influence. She has only "bragged" to fellow classmates about the incident. To come out years later only out of a fight with her parents makes the "victim's" argument even less believable. It seems to be said out of an emotional argument with her parents, rather than a clear, logical story. I'm just completely lost at the logic of this judgement. Even if I play devil's advocate in my mind, it seems that there is no evidence to prove Zach commited the crime, even if he did. There is no physical evidence, and I do not know how much Tru TV the average person watches, but there are murderers loose out there because of the lack of evidence, when the murder is clearly obvious. The only thing I can think of is that Zach needs a better lawyer.

Submitted by LetMeEducateYou on Thu, 03/26/2009 - 4:09pm.

Just because you get raped by someone you once had a crush on doesn't make it legal.

Did you know that in Georgia (and most other states in the country) the courts have ruled that a husband can rape his wife?

I bet at one point that wife said some nice things about her husband and maybe even had loved him. It still doesn't make things any different.

TonyF's picture
Submitted by TonyF on Thu, 03/26/2009 - 6:55am.

If Zach had practiced abstinence, he would not have been here, in this terrible situation.
Thus endeth the lesson.

"Your, yore, you're all idiots." (T.Floyd)


matt.barnes's picture
Submitted by matt.barnes on Thu, 03/26/2009 - 2:14pm.

Maybe if Georgia had tougher child molestation laws and sterilized Zack then he wouldn't be in this sticky situation.


Gene61's picture
Submitted by Gene61 on Wed, 03/25/2009 - 10:34pm.

Get a grip, the jury foond him guilty, the sentence is imposed by the judge following the guidleines for each offense and pre-sentencing reports from the probation dept etc.

He was convicted of aggravated sodomy, note the word aggravated , that alone tacks on years. We're lucky this isn't Iraq, or Iran or some other country, he would be suffering a fate worst than a cell in a state prison.

I finally have to stop reading the comments, cause more and more this is nothing more than a open attack on the jury. People of our community took the time to sit and hear the evidence, did many of you whom are blaming them take time to attend the trial? Doubtful.. Even good people as many have said the young man was, admited to assualting a 4 year old girl! So stop with the no way he could have done this, and stop blaming the victim, ever stop to think this young man is not what he shows the public? So are you going to dismiss the fact he harmed a 4 year old? Please, yes he could have done it, the evidence and jury says he did.


Submitted by gw7732 on Thu, 03/26/2009 - 10:35am.

This jury would make the O J Simpson jury look intelligent.The jury chose to believe the alleged victim over 4 witnesses whom she had bragged to that this was cosensual.The D.A.{and you can let that stand for what ever you want]was so biased and overzealous that Zach never had a chance.I am ashamed that I live in a county where a young persons life is thrown away for political gain.I hope that everyone who has heard the alleged victim brag about this affair will contact Zach's attorney.
If we the people re-elect this judge or prosecuter we are just as wrong as they are.
One day we all will be judged,I would not want to be in the false accusers shoes and I hope God has no mercy on her as she deserves none.

Submitted by commenceclothing on Thu, 03/26/2009 - 2:03am.

a jury is pretty much group of just there opinions. In this case it is just based on hearsay so really what did they have to go on. All they had was his past which is not even a bad one. What about her past? I am sure the jury was a group of soccer moms that have 10 kids at home. I feel like they should have when more in to this. I am not saying he didn't do this is a good friend. I feel has if he did get a rightful trial. I feel like there should be more to go on. but then again who wants to look any to any thing a jury just wants to get back home.

Submitted by bamagrl on Wed, 03/25/2009 - 8:32pm.

What on Earth could the jury have possibly been thinking and what kind of moron gives a person 35 years based on hearsay from a girl whose reputation is questionable? I am sickened to think that this could happen to anybody. Since when is hearsay enough evidence to convict? I have known Zach for many years and I am not a teenager, nor am I immature and I am outraged at this injustice. This is so very, very wrong and I do hope that those who have caused this young man and his family so much pain, get just what they deserve. Some of you say we shouldn't call names-why not? She did. It would be a sad day if we all were tried and convicted, not on hard evidence, but because the jury was led astray by reports of what we had done when we were a child, seven years prior to the date of the trial. It is beyond me how the judge, jury and that girl and her family can sleep at night. I look forward to the appeal and the day Zach can hopefully walk away from this nightmare.

mudcat's picture
Submitted by mudcat on Thu, 03/26/2009 - 5:06am.

Then after her direct testimony is vetted by the defence it becomes evidence.

Hearsay would what the girl's girlfriend heard her say about the rape.

Do the crime, then do the time.


Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.