Thursday, October 29, 2009

FLDS "Real Estate" defense

Location, Location, Location.
The Houston Chronicle - "In opening statements Wednesday, Deputy Attorney General Eric Nichols said DNA, witnesses and boxes of documents will prove Jessop had sex with the girl in 2004 because a child born the following year is his biological daughter.

However, the case requires prosecutors to prove a sexual assault occurred in Texas, a point Jessop's San Antonio defense team did not waste time making during Wednesday's opening statements.

'The prosecutor is not going to be able to prove by circumstantial evidence (or) direct evidence ... because there is no evidence that Raymond Jessop assaulted (the girl) on or about Nov. 14, 2009 in Schleicher County, Texas,' defense lawyer Mark Stevens said."
So, you prove Raymond is the Father. Who's to say the "assault" wasn't an assault because both families happened to be vacationing in Mexico? The "crime" does require some form of "premeditation" for it to be a "Mann Act" violation. If I meet (as I have) a girl from near my home at a convention in Atlanta, did I transport her across state lines to perform an illegal act? Not if she went there on her own, I would suppose. What if I "discovered" here there? In any case, it is not a crime in the state we both came from. It would be a different sort of crime at best.

By the way, this girl that I met in reality, was not a sex partner, I just met her out of state and she was from where I was as well. What we did there, if it had been a violation of the law, would not have been part of a "conspiracy" to leave the state to perform an illegal act.

Put another way, let us suppose you are both Mexican, and you have sex in Mexico, she gets pregnant, and she is 12. 12 is the age of consent in Mexico. You both move to Texas when she is 4 weeks pregnant. Are you guilty of sexual abuse of a child?

The shortest form of this discussion is, how does the state of Texas prove that Raymond Jessop had sex with anyone, below the age of consent, in Texas?

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