Wednesday, November 17, 2010

Kristilyn Smith Convicted of a Crime For Consensual Sex

To update a situation I last wrote about here, an adult woman plead no contest to charge of incest for having consensual sex with her father. At least she was given five years probation instead of prison time. The charge should have been dropped anyway. There were apparently crimes in this case. Consensual sex between adults shouldn’t have been the problem.

Prosecutors agreed to drop a charge of child neglect and a second count of incest against Kristilyn Smith, 27, of Daytona Beach, bringing to an end the criminal cases against her. Circuit Judge Kim C. Hammond found Smith guilty of the remaining incest charge.

Judge Hammond, didn’t you feel silly convicting someone of a crime for having sex wth another adult?

The Flagler term of probation will run concurrent with 15 years' probation Smith received in August in Volusia County on another incest charge.

Earlier this year, her father, Alton E. Smith Jr., 48, pleaded guilty to two counts of incest, one count of living off the earnings of prostitution and 52 counts of possession of child pornography. He was sentenced to 15 years in prison, followed by 15 years' sex-offender probation and will be required to register as a sex offender.

He should have gone away for at least that long just for the child porn.

He is also barred from having contact with his daughter or wife.

Ridiculous. I can see denying him contact to his son (he had with Kristilyn) until the son is an adult and can make up his own mind, but as for contact with his wife or Kristilyn, either we have freedom of association or we don’t. Either consensual sex between adults is not a criminal matter, or it is. It is time to consistent.

Also earlier this year, Tina Marie Smith, 45, who is Alton Smith's wife and Kristilyn Smith's stepmother, pleaded guilty to aggravated child abuse and was sentenced to 10 years' sex-offender probation. She will not be listed as a sex offender.

Throw the book at people who molest children. Don’t bother trying to stop consenting adults from sex or love with each other. Let’s remove incest laws or change them so they reinforce laws against rape and child molestation, not to consensual sex.
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