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Originally Posted by alexamenos
among all this, it shouldn't be forgotten that there are multiple ways for 16 year old girls to get pregnant that do not involve statutory rape....
chasing off behind the barn with a 16 year old boy, for example. given the dirth of contraceptive materials on the compound it seems quite plausible that this might explain a pregnant young lady or two.
also, girls can very legally get married at the age of 16 with parental consent -- consumating a marriage is not statutory rape.
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I think I have explained this numerous times.
1)they are married and therefore are guilty of polygamy
2)they are not married and therefore are guilty of statutory rape
The "fundies" have for years avoided the anti-polygamy laws by not getting legally married. They are "spiritually married" by their church but without a marriage license. They are not married as far as the law of the state is concerned. Since they are not legally married, then they have not legally committed polygamy.
The most recent "prophet" decided that they could marry 16 year old girls. Previously, they had to wait until they were 18. If the "fundies" followed the previous advice to wait until the girls were 18, then CPS and the state and the Fed would have absolutely no legal recourse against them. Under the law if a man has five 18 year old sex partners, he has committed no crime. If a man has five wives of any age he has committed a crime (polygamy). But, when you talk about 16 year olds and 17 year olds, now the law is different. It is statutory rape for a man 18 or older to have sex with a girl under the age of 18 unless he married to her legally. In the state of Texas, 16 year olds can get legally married with the consent of their parents. But, the "fundies" did not get legally married. Since they are not legally married, they have not committed polygamy but they have committed statutory rape. When you are talking about girls younger than 16 in the state of Texas it is always statutory rape no matter the other details.
Now, granted, Alex is right that two 16 year olds can have sex and the only problem they have is with their parents. It is not statutory rape. But, I don't think this little "fundie" group has a problem with that. Believe it or not, they are a "moral" people within the "moral" rules they believe in.
The legal case for CPS and the State of Texas is starting to take real shape now. It is clear that the legal attack is directed at statutory rape. The state cannot show polygamy. But, the state can show statutory rape if they can determine the age of the girls with certainty. The fact that they are not legally married means they have been raped under the letter of the law so long as the man was 18 or older. It is clear that this is the legal attack angle. After they determine that statutory rape is quite common in this group, then you will see the arrests of the adults.