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Old 05-01-2008, 09:29 PM   #133
wmbwinn
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Quote:
Originally Posted by Ninkobei
The state may indeed be way out of bounds, but you have to admit that the Compounds is peaking the out-of-bounds marker itself. I agree that the state may have over reached in tearing down the whole compound, but can you imagine how long it would take for the state to individually file abuse cases and hold hearings for each of them? That would take years. By that time some of the girls could be coerced into not filing charges on the older men.

The reason no one has been charged with statutory rape yet is that DNA tests havent come back. They take about a month and as soon as they are in there will be a lot of old farts going to jail, I am willing to bet on that.

The Lesser of Two Evils.

You can't convict the "old farts" without their DNA to match to the children. The only way that CPS can currently match men to the pregnancies or to statutory rape is if they found semen on/in the girls that they could test. Even in that case, they will have to test the men to match.

In order to test the men, they have to find the men.
In order to test the men, they have to have a court order to violate the man's civil rights and test him against his wishes.
And, finally, they are going to have to do a lot testing and re-testing to sort through issues of incest as that confuses DNA matching.

This will be a long process and the State/CPS will have to have a lot of cooperation from the courts to push far enough to prove statutory rape. And, there is still the issue of proving the age of the girls which cannot be done if there are no accurate records.

After all of the emotion, the legal case is (I repeat myself) quite simple. They are not guilty of polygamy because they are not legally married. They may prove that a man has 20 "spiritual wives" but if he is not legally married to more than one and if all 20 women are 18 or older, then he has committed no crime based on the laws of the land (this is no reference to the laws of morality/God).

If the men are indeed proven to be having sex with girls young enough in Texas to qualify as statutory rape, then suddenly there is a legal case. And, if they prove statutory rape, then they can also pursue the case of Conspiracy to commit statutory rape.

If they stick to charges of statutory rape, then only the men proven to have committed that crime are in trouble. If they prove Conspiracy to commit statutory rape, then the whole FLDS system and leadership is in big trouble.

So, where do you think the legal team is going??? They are going to prove statutory rape if they can (and they only have to succeed in proving a few cases). Then they are going to prove Conspiracy and try to shut the whole system down. And, based on the conspiracy charge, all of the children will never see their parents again.
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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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