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Originally Posted by jefelump
I find it very interesting that all the talk in the media seems focused around the underaged girls who are "spiritually married" to older men, and yet nobody seems to care about the identities of the men who have impregnated them (or should I say "raped" them as wmbwinn points out). I suppose the court's mandated DNA testing will ID the fathers, but that's only if they have the corresponding male specimens for comparison. And given all the hoopla over this, the men have had plenty of time to flee the state, if they so choose.
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The prime interest in the CPS is the children. But, I bet that law enforcement goes after the men if they prove widespread statutory rape.
The legal proceedings are going to be interesting. If they charge them with statutory rape (since the polygamy laws don't apply due to the abscence of a real marriage), will they be defended on the basis of the "spiritual" marriage and consent of parents? If they defend them based on that arguement, then they are admitting polygamy...
And, then there are the pregnant girls younger than 16.
Then, as Alex pointed out, there is the issue of proving age in the first place. Apparently CPS is throwing out birth certificates and state IDs as falsified or erroneous. If those records are proven to be erroneous, then there are some more criminal charges to be levied for falsifying records. But, if those records are proven to be inaccurate, then how do you prove age?
The law here is interesting. They are not guilty of polygamy (no marriage). They are guilty of statutory rape IF the girls are younger than 18. Or, they can argue that they were married by their church (which is an admission of polygamy) which would clear them of statutory rape charges unless the girl is younger than 16 (then it is statutory rape under any reading of the law).
Until they prove either statutory rape or prove polygamy, they have nothing to charge the men with. CPS can seize children based on suspicions and then sort out the facts later. But, the ability to seize all the men in the "fundie" group is a different matter. Right now, the men and women are not formally charged with any crimes. The children are just removed "for their safety."