A 21-year-old Lockport man was sentenced today for incest.No mention is made of whether this was assault or consensual sex, both of which can be defined under the term "incest." No mention is made of the age of the victim(s) (if it was an assault) or the other participant(s) if it was consensual. So we don't know from the blurb whether this was a ridiculous prosecution of consensual sex, or if this was a just prosecution of a predator.
James David Knoop was sentenced to 6 months in jail for incest in the 3rd degree. He was also sentenced to 10 years supervision.
I did some digging myself, something a journalist can easily do. From the state's website:
Interesting that uncle, aunt, nephew, or niece is not specified as blood. But I also found more.§ 255.25 Incest in the third degree. A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the third degree is a class E felony.
Second degree incest:
§ 255.26 Incest in the second degree. A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, as defined in section 130.30 of this part, or criminal sexual act in the second degree, as defined in section 130.45 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the second degree is a class D felony.
First degree incest:
§ 255.27 Incest in the first degree. A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, as defined in subdivision three or four of section 130.35 of this part, or criminal sexual act in the first degree, as defined in subdivision three or four of section 130.50 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece. Incest in the first degree is a class B felony.
So it looks to me like this was indeed a case of consensual sex, since it was third degree incest. Third degree incest, as defined above, should not be a crime in the first place. This appears to me to have been an unjust prosecution. The news outlets should be pointing out that law enforcement is using taxpayer money to prosecute and incarcerate people for consensual sex.
Consanguinamory should not be a crime.
no. he did it. half sister, under 18. NOT unjust in any way.
ReplyDeleteThanks, Anonymous. Was this a plea deal, and that is why it wasn't a more serious charge? Was it forcible? If it was, why wasn't he charged with rape?
Delete