10-Year Old Abuse Victim Leaves Republican Utopia Ohio to Get Abortion

[El OchoCinco]

well, that's what i'm wondering. In a hypothetical case where this was different (no admission), how do states handle evidence collection that may be legal in one state but not another? Do they treat it as "this shit landed in our lap, so not our problem" as they would hacker dumps?

Well the abortion was legal in Indiana when the evidence was collected. I feel like it would be hard for defense to argue the evidence was collected illegally just because now abortions are illegal in Ohio. The way the evidence was collected was legal in the location it was collected. The defendants's rights were not violated by the collection since the victim consented via a legal guardian to the collection.

The claim would hold merit only if the evidence was collected illegally or violated defendent's constitutional rights. the defendent has no right to privacy to the girl he raped and the SC just said there is no right to privacy. So Ohio can outlaw abortion but INdiana legally collected the evidence. There was no police misconduct, illegal collection or violation of any law to get it.

 

[UsualName]

According to court records and testimony from Columbus police Det. Jeffrey Huhn, Fuentes allegedly confessed to sexually assaulting the girl on at least two occasions between January and May 12. The two charges of rape in the indictment relate to those two incidents.

Under Ohio law the rape alone is possible life in prison with parole possible in 15 years. Does not matter if she is pregnant or not but the fact that an abortion clearly occurred and he admitted to raping her, the defense will not gain anything even making an argument about abortions being illegal in Ohio. Also they are legal in Indiana so moot point.

Lets see how far we can push the legal hypotheticals in this new America:

What about this guy pressing charges on the 10 year old in Ohio for aborting his child? How does that jibe under current law? (Because versions of this are coming.)

 

[El OchoCinco]

Lets see how far we can push the legal hypotheticals in this new America:

What about this guy pressing charges on the 10 year old in Ohio for aborting his child? How does that jibe under current law? (Because versions of this are coming.)

I believe he cannot press charges against the victim of his statutory rape because she aborted his child. He would have to establish it was his child to even contemplate that and that basically cancels out his rights by incriminating himself. A child rapist does not get to claim parental rights.

Unfortunately the GOP wants to give the rapist more rights than the victim but that does not surprise me as the GOP cares nothing about the baby..it is just hypocritical. So your hypothetical seems more likely than not in this new GOP world.

 

[UsualName]

I believe he cannot press charges against the victim of his statutory rape because she aborted his child. He would have to establish it was his child to even contemplate that and that basically cancels out his rights by incriminating himself. A child rapist does not get to claim parental rights.

Unfortunately the GOP wants to give the rapist more rights than the victim but that does not surprise me as the GOP cares nothing about the baby..it is just hypocritical. So your hypothetical seems more likely than not in this new GOP world.

It’s going to get funky. Right now is the push to start child support at conception in some states. Now to follow the legal logic that means giving the father an interest and rights immediately. With child support comes all kinds of potential court mandates such as visitation rights and care duties. Not to mention issues of insurance, which will get very tricky in some states.

 

[Cuddles]

Well the abortion was legal in Indiana when the evidence was collected. I feel like it would be hard for defense to argue the evidence was collected illegally just because now abortions are illegal in Ohio. The way the evidence was collected was legal in the location it was collected. The defendants's rights were not violated by the collection since the victim consented via a legal guardian to the collection.

The claim would hold merit only if the evidence was collected illegally or violated defendent's constitutional rights. the defendent has no right to privacy to the girl he raped and the SC just said there is no right to privacy. So Ohio can outlaw abortion but INdiana legally collected the evidence. There was no police misconduct, illegal collection or violation of any law to get it.

hmm....I guess I'm trying to figure out why this logic would not fly in some cases. Take diddlers involved in sex tourism for instance. Americans are held to domestic standards of consent if found to have gone overseas to do the deed in jurisdictions where age of consent is lower. So they did something that's legal in a different jurisdiction but are still found guilty of the crime domestically. Then again I suppose there is a law for that and no creative justification is required. Hell, wasn't there a big case interstate a long ass time ago where some dude was moving teenagers across state lines? Basically why Gaetz is in trouble?

 

[gwb-trading]

I believe he cannot press charges against the victim of his statutory rape because she aborted his child. He would have to establish it was his child to even contemplate that and that basically cancels out his rights by incriminating himself. A child rapist does not get to claim parental rights.

Unfortunately the GOP wants to give the rapist more rights than the victim but that does not surprise me as the GOP cares nothing about the baby..it is just hypocritical. So your hypothetical seems more likely than not in this new GOP world.

Does the rapist get to demand the DA charge the parents (or guardians) of the child with having the fetus aborted because they are the guardians who made this decision? And the abortion was illegal in state where the rape occurred and then the guardian(s) took the child across state lines for illegal activity.

From my reading of related articles the only focus in this particular case is that the defense attorney for the accused rapist made the out-of-state abortion an issue -- otherwise the story would not have made the headlines. The attorney was angling to get the DNA test on the aborted fetus dismissed as evidence. If the attorney was able to do this and is able to get any confession dismissed as being done under duress or without Miranda rights -- then this was the path to contesting the charges in a trial or for cutting a better deal with prosecutors to avoid a trial (more likely in my opinion).

All of this being stated in context I am not a lawyer, I am not an expert on the law, and this all comes as a summary of other legal articles regarding these Ohio cases and is cited as my opinion on what I have read.

 

[El OchoCinco]

Does the rapist get to demand the DA charge the parents (or guardians) of the child with having the fetus aborted because they are the guardians who made this decision? And the abortion was illegal in state where the rape occurred and then the guardian(s) took the child across state lines for illegal activity.

From my reading of related articles the only focus in this particular case is that the defense attorney for the accused rapist made the out-of-state abortion an issue -- otherwise the story would not have made the headlines. The attorney was angling to get the DNA test on the aborted fetus dismissed as evidence. If the attorney was able to do this and is able to get any confession dismissed as being done under duress or without Miranda rights -- then this was the path to contesting the charges in a trial or for cutting a better deal with prosecutors to avoid a trial (more likely in my opinion).

All of this being stated in context I am not a lawyer, I am not an expert on the law, and this all comes as a summary of other legal articles regarding these Ohio cases and is cited as my opinion on what I have read.

Private citizens don't get to demand the State make a criminal case.. you can file a complaint but the DA decides themselves. Also you cannot charge someone with a crime that was not a crime. It might be illegal in Ohio but it was not committed in Ohio.

You cannot go to a cannibas allowed state and smoke a joint and come home and then get arrested in your state where cannibis is illegal.

If I sleep with a hooker at the bunny ranch in Las vegas and come home to Florida, you cannot charge me with prostitution in a florida court.

The defense lawyer is just doing their job raising whatever defense they can but no DA is going to throw out the DNA evidence collected in Indiana of a 10 year old girl raped by a grown man more than once. Especially because the DNA was collected legally.