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Wednesday, December 19, 2012

Update on Alabama Case

Way back in 2011 this blog noted an incest prosecution in Alabama. Stephen McLamb has an update at wsfa.com...
Authorities in Marshall County are searching for a man convicted of having sex with his mother.
"Having sex" indicates consent. Why would authorities bother prosecuting someone for consensual sex, let alone search for someone who did? Are law enforcement resources so abundant to be concerned about consensual sex?
Having pleaded to incest charges, the suspect was expected to be in court for sentencing but failed to show.
Arrest warrants are being issued for 25-year-old Gary Dean Helms Jr.

Helms failed to show in court Monday where he was facing a prison sentence up to 10 years.
Ten years! Ten yeas in prison for consensual sex?!?
Helms pleaded guilty in September, 2011 to incest charges. He was initially charged with rape in 2006.

Albertville Police said at the time Helms forcibly raped his mother, who was intoxicated and passed out on the couch of their home.

Police believe the attack was because Helms was angry with his brother over a female friend.
Then why would he attack his mother? Let's turn this around. If there was a dispute between the brothers, then that would be motivation for one brother to claim the other brother engaged in rape, right?

Helms' mother later claimed she forgave her son but said it was consensual.
The only people who know for sure what went on there are the people who were present and conscious. We could have someone who assaulted his mother and she decided to cover for her son, but the conviction is for "incest," not assault. Or we would have a situation where two people had consensual sex, and third person was jealous or envious. Things would be more clear if we no longer had ridiculous laws against consensual sex between adults. If this was an assault, the mother should not cover for her son; if not for herself, for others who might be his next target. But if this was consensual sex, it should never have been a public issue to begin with.

The website had these stories as related:

Teen arrested for raping his mother
Mother says her son was on drugs when he raped her
Mom allegedly raped by son says she forgives him
Guilty plea for man charged with raping mother
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