Saturday, December 14, 2013

Is Montana Prosecuting Consenting Adults?

Peter Christian reports at about what appears to be a prosecution of consensual sex by the state of Montana...
An Alaska man, Russell Whitfield Smith, 48, was charged in Missoula Justice Court on Wednesday, December 11, with committing incest with his adult daughter, 19, in her Missoula home.

According to court documents, law enforcement received a call from Child Protective Services on December 10  that a father was having consensual sex with his biological daughter.

Consensual sex. If it is consensual, with a 19-year-old, it shouldn't be a crime.
Russell W. Smith had moved to Missoula from Alaska and was living with his daughter and they were having sex.

This makes me wonder if this is a case of Genetic Sexual Attraction. If she had not previously been living with him, it could very well be.
The victim’s roommate reported the incidents to authorities, confirming that they were having sex and planned to marry.
So again, this sounds like a consensual relationship and the roommate, possibly jealous or just bigoted, ratted them out. This is why I say consanguineous lovers should protect themselves.
Deputy County Attorney Jennifer Clark said that the victim was mentally disabled, and that her father was taking advantage of her.
So is Clark alleging that the 19-year-old is unable to consent to sex with anyone? If she is legally able to consent to group sex with 5 cage fighters she just met, why not Smith?
Incest is a felony, punishable by from two to four years or more than 100 years or life in the Montana State Prison, and a $50,000 fine.
It is ridiculous that anyone would be criminally prosecuted for consensual sex, let alone be sent to prison for 100 years! Criminal prosecution should be reserved for assault/rape, where I can definitely understand a 100-year prison sentence.
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