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Ex-husband of accuser testifies
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We wouldn't permit this if a teacher of a junior high school girl made arrangements for her to have sex with an adult--even if because of the teacher's influence she was willing to do it.
If it boils down to consent or not, which I think should not be the issue, the state is going to have a very hard time proving that the sex was not consensual.
I am curious what criminal law experts think out there.
It is wrong to force people to marry through any means and regardless of age. But it's especially wrong to force teenagers! We don't permit this with any other person in authority and we shouldn't permit under the disguise of "religion" either!
It's true that the ex-husband in this case was a vicim too. The defense just tries to make the issue about the character of the girl rather than the real issue.
And not only that, but I am quite sure that the minimum age to marry is 16, which is yet another charge.
Also, unless I am much mistaken, polygamy is illegal.
What about those charges? Jeffs is guilty of all of them!
Is it against the law to have sex with a 14 year old girl, in or out of marriage? If not, then the state has wasted time and money on this case. If this case is really against plural marriage, then say so, and go after that, but this pretense about rape in marriage is pretty dumb. Rape within marriage is extremely difficult to prove.
If you want to go after the flds church, then seize their assets, disenfranchise the church, charge them with theft, tax evasion, or other crimes, but forget the polygamy thing. If the supreme court defends and protects the right of gays and lesbians to have sex, and an array of other bizarre sex acts, then prosecuting against polygamy will never fly.
Most states have, or had, laws against adultery; anybody seen any adultery prosecutions lately?
Also, I believe the age at which someone can be married in Utah is 14 with parental consent.
Here is the crux of the case. The marriage that was "performed" was not a legally recognized marriage as far as I know. Now you have a 14 year old and a 19 year old having sexual relations (consensual or not). Pretty obvious statutory rape case.
The husband may still be charged. He was read his rights before he began his testimony, and was told that whatever he said could lead to charges.
We all know that they are after Jeffs, and that is why the husband will probably not be charged with anything.
Even grown women have a problem with standing up for themselves under the best of circumstances. So how could this girl say "No" and have it mean anything!
As for the 19 year old young man. He is a product of his society. He was doing as he was told. He was their puppet. He was doing what he was told that God wanted of him. He didn't want to disappoint God. It seems as if in his mind things were supposed to be different and He was trying to do as he was told God expected. So, is he guilty? Has he been brain washed? If he wanted things to be different did he have a voice? If he said "No" would he have been heard? I don't think so
The jury may decide Jeffs is guilty of Rape as well, but we need to leave that to the jury for now and quit trying to see how many other things he should be put away for. We can't find him guilty of Rape just because we don't like other things about him, his religion or his life-style.
These are official charges, this is a legal proceeding. So we need to leave this to the legal system and "Judge not that ye be not judged".
Remember... many people think the LDS church is just as much a controling cult as the FLDS church. Do we want President Hinkley put in jail because some feel he is a cult leader?
Suggestion... The way to do away with a corrupt leader is to quit following him. Not bring him before a court. That may make him a martyr.
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