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Old 05-01-2008, 12:44 PM   #125
wmbwinn
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More support for the CPS in its actions against the FLDS:

http://writ.news.findlaw.com/hamilton/20080501.html

This, I believe, is written by a lawyer or someone more knowledgeable than I about the law.

It still appears to me that the legal issue is proving statutory rape. In order to prove that, they have to be able to determine the girls' ages and the age of the fathers...

That apparently won't be easy. Apparently, the State of Texas and CPS are saying the birth certificates and State IDs are inaccurate. And, as Jefelump pointed out, they have made no moves towards any adults at this point. The men may not be anywhere near the compound in El Dorado and it may be very difficult to:
1)prove paternalism (who the father is). You have to find the man and a judge has to sign a forced DNA test against the man's wishes.
2)prove paternalism with pregnant girls. You would have to either wait for the childbirth to do genetic testing or do an amniocentesis. I don't think a judge is going to give them free play to do amniocentesis against the girls/woman's choice.
3)If incest is as common here as the State/CPS says it is, then it is not easy to sort out which male (among several cousins and uncles) is definitely the father. It can be done. But, it requires higher tech testing and compliant men and they have to find the men...

If the girls/womens' IDs and birth certificates are frauds, then it will be absolutely impossible to determine the exact age of the pregnant (or previously pregnant) girls. We still don't know how hold Mutombo is. We never will. There is no medical way to determine exactly how old someone is. A doctor cannot say "this girl is 15, this one is 16, this one is 17, and this one is 18."
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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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