Friday, August 6, 2010

Update on Superfluous Incest Prosecution

In an update on something I wrote about previously, we get this headline: “Woman Enters Plea in Prostitution/Incest Case.”

A former Palm Coast woman who, in a case involving prostitution and incest gave birth to her father's son, has entered a plea of no contest to a felony charge of child neglect, prosecutors said.

So why isn’t the headline “Woman Pleads No Contest to Child Neglect?” The headline an this opening line are meant to tie consensual sex between adults – “incest” – to child neglect, as if someone was molesting the child.

Kristilyn Smith, 27, will be sentenced Aug. 31 in Volusia County circuit court for the second-degree felony. The no-contest plea is part of an agreement that will also resolve her criminal charges in Flagler County but prosecutors declined to provide any other information. She could be sentenced to anything from probation to 15 years in prison.

Her father, Alton E. Smith Jr., is serving a 15-year sentence and remains held at the Reception and Medical Center in Lake Butler.

Both the father and his wife, Tina Marie Smith, had been facing child pornography charges. He had a photography business, through which he took pictures of models of all ages.

Kristilyn Smith, who now lives in Daytona Beach, was charged with two counts of incest and one count of prostitution and one count of child neglect in Flagler County.

Child neglect is the real crime. The neglect seems to be from the father and daughter having sex in front of the child. Prosecutors should have gone ahead with the child porn charges against the father and his wife and dropped all “incest” charges. Exploiting children is certainly of more concern than consenting adults having sex, isn’t it?
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