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Old 05-02-2008, 11:37 AM   #140
wmbwinn
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Quote:
Judge orders FLDS newborn into state custody


By MICHELLE ROBERTS Associated Press Writers
© 2008 The Associated Press


SAN ANTONIO — A judge ordered that the baby boy born to a teenager taken from a polygamist sect's ranch in West Texas be placed in state custody, according to documents released Thursday.

Texas District Judge Barbara Walther signed the order Wednesday giving the state custody of the 1-day-old infant born to a teen believed to be 15 or 16 years old.

The girl has claimed to be 18 and based on a bishop's record used during the custody hearing two weeks ago, she would be 18 now. But officials believe she is younger and placed her in foster care with other children taken from the ranch.

The newborn is the teen's second child; the first is a 20-month-old boy. The father of both children was identified as Jackson Jessop, 22, but state officials say they don't know his whereabouts.
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Thanks for the link. Every pertinent legal issue is presented above.

1)no one knows how old the girl is and there are no records thought to be accurate.
2)you can't prove statutory rape without a definite age determination on the girl.
3)if they prove the "bishop's record" is inaccurate regarding her age, then the Conspiracy charge is in order (conspiracy to commit statutory rape).
4)if they find the "bishop's record" or other records is accurate and she is 18, then they have proof, nonetheless, that her first child was conceived by statutory rape. On the above grounds, the family will never see that one day old child again.
5)no one can find Jackson Jessop. He is missing. Jefelump told you the men would run...
6)the article does not say if Jackson Jessop is her legal husband or only her "spiritual husband". If he is her legal husband, then the state has absolutely no case whatsoever here. So long as the boy and girl's parents consented to a legal marriage, then there is absolutely no crime here in the eyes of the law. If Jessop is her "spiritual husband" and they can ever prove the age of the girl, then a charge of statutory rape might be accurate.

Now, after all of the legal issues, I agree with Alex on many points. It is not really unusual in our society for 20 year old men and 16 year old girls to "hook up". Since these people usually are not legally married, then under the eyes of the law, this is no different than a 20 year going to a bar and meeting a 16 year old girl who has a fake ID. They leave, have sex, she is pregnant, they have a child, stay together, and she has a second child.

I don't think CPS is going after the couple in the example of the bar above. But, they are going to use the law to crush this FLDS group...

I agree that in the past and present, that such young marriages have happened and have been very successful. I live in the Midwest and I see elderly people every day who have been married for 50 years. I can do the math in my head and determine that the woman was a young teenager when they were married.

But, there are two facts that have nothing to do with law.
1)the FLDS are hated
2)there is a way to prosecute them and destroy them.
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"Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." -Thomas Jefferson
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