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Tuesday, January 8, 2013

Update on Nevada Prosecution

A former police captain pleads guilty to incest. This is an update to this story and it ran at elkodaily.com.

Hughes plea

Ross Andreson/Elko Daily Free Press
The 40-year-old former Elko police captain matter-of-factly admitted in court to having sex with a female relative.

“I entered into an act of fornication with a relative,” Hughes told District Judge Nancy Porter.
What a farce.

The judge will have few options when sentencing Hughes on March 25. By statute, defendants guilty of incest are to be sentenced to life in prison with parole eligibility after two years. However, Hughes will under go a pycho-sexual evaluation and if he’s deemed to be low risk for repeating the offense, he could be given probation instead of prison time.
Life sentences are appropriate for rape or child molestation, not for consensual sex or even statutory rape. Nevada law needs to be changed.
He will also be required to have lifetime supervision and register as a sex offender.

Absurd.

UPDATE: He was sentenced to life. Outrageous.

UPDATE from February 2017.
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4 comments:

  1. I have no problem with incest, and in fact think it can be a wonderful thing, as proven by the many interviews you have on this site where the people involved all say it is the most wonderful and fulfilling relationship they've ever been in and can't imagine being with anyone else. But I have to say I have no sympathy for this guy. I don't believe for a second that their relationship started when she was 17, I think it began earlier, and he is therefore a child molester. He was also the police chief of his town, which prevents this girl, his own daughter, from calling the police, and he knew that. He had an enormous amount of power over her, both as a father and as a police officer. And when you take into account the fact that he's 40, and she is still a teenager, I truly believe this is a clear cut case of child molestation, not statutory rape and certainly not consensual when you consider the difference of power between them. How can anyone think a 40 year old police officer climbing in bed with his teenage daughter is in any way OK? And what are her options, tell him no, knowing he is armed and has authority over her both as her father and a law enforcement officer? Can she call the police and report him? Who answers the phone when she does, one of his buddies. He'd find out, and then she's really in trouble. This man is disgusting, and should rot in prison for all eternity. As an aside, he was also involved in other criminal activity while on the police force, he was charged with stealing from the very community he was supposed to protect, which tells me he's a scumbag.
    Let me reiterate my main point, it is not consensual when there is such a huge power discrepancy between those involved. I truly believe this was rape, if it wasn't, if she loved every minute of it and wanted it, why do we not read about that in the articles? It would be very easy for her to show up in court and support him, or tell the media she wanted it to happen. But she hasn't, she is content to let him go on trial for his freedom and face condemnation in the press and the court of public opinion, without ever speaking out in defence of him and his actions, to me this is very telling.

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    Replies
    1. Pete, thanks for your thoughtful input. I do not argue against age of consent laws. People should be prosecuted for rape, statutory rape, theft, or anything else like that. He is being sentenced on consensual incest charges. Regardless of whether he's a good or bad guy, my point is that nobody should be prosecuted for consensual incest.

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    2. I wouldn't jump to conclusions. Yes there was a chance it could have started earlier. The question is though, is he being charged for it? Did the daughter say it started earlier? Right now, he'd probably be behind bars and probably harmless to her, so did she accuse him of starting it earlier?
      * Is there evidence to prove he started when she was younger? We have a saying that a person is innocent until proven guilty, always remember, try to not let your heart cloud your judgement. Think things through, accuse him for what he did and you can prove. The prosecutors of this case could only charge him with consensual incest rather than rape. Do not think for a minute that they chose the lesser, because if they could they would have got him on the larger offense in a heartbeat, and if he really did rape her, then he deserved to be charged for rape.

      From what I've gathered, it probably really was completely consensual. The reason she can't defend him is because society has this nasty habit of treating those they see as victims as accomplices when it comes out that there really was no victim. If she admits she was okay and even worse if she admits she is still okay with it, everybody will crucify her. Even if they didn't anything she says will be suspect by those that think she's probably just been groomed. So from her point of view there really is no incentive to speak up (in defense of) because doing so will probably not help her father, nor will it help her.

      *I've dealt with some bad police in the past. My step-father was a police officer and he was quite abusive, of the verbal and emotional kind. I've seen police brutality occur. On the other hand, I've met good cops, and another relative is actually a sheriff and he's quite humble. There are two ways I could look at this current situation. 1. you say she couldn't talk because her father was a police member. I would say that indicates a distrust of the police, at least in her area. If most police are bad, then that would seem to indicate people need to do something, because such abuse of the power shouldn't be tolerated. But if most police are good, then we still shouldn't tolerate it. Regardless we don't know the full situation there, they could have the nicest or the meanest police. If there is corruption there, then they should be replaced, but that is altogether. I would wager proof or at least good evidence that their police was a problem should be proven before saying she just couldn't speak up.

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    3. Good points, Anonymous. There is intense pressure put on the other consenting party in cases like this, because she could have been charged with a crime, too. Sometimes the other consenting party IS charged with a crime. The carrot is dangled of "you won't be prosecuted if you testify against" the other person. It can come down to a choice of being prosecuted for a sex crime (and having to register as a sex offender if convicted) and/or enduring a "You're sick! You're digusting!!!" chant from the peanut gallery.... or.... saying "Oh it was wrong, and it is his fault" and your life goes much easier.

      Assault/molestation should be a crime. Consensual sex should not be.

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