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Wednesday, November 18, 2015

Is It Really That Hard to Clarify?


We got an update from a case in Iowa we wrote about here, and the defendant's picture and name is prominently featured, but there's still a stunning lack of information. The latest report is from at kimt.com...


A Clear Lake man has pled not guilty to a charge of incest.

So, there's still no other charge, such as assault or molestation. So right there, this sounds like this was something consensual. If this was an assault, he should be charged under those laws.
45-year-old Todd William Russ entered that plea Tuesday in Cerro Gordo County District Court.  His jury trial has been scheduled for January 12.
If this was consensual I hope there is someone on that jury with some sense.

Russ allegedly performed a sex act with someone he knew to be a blood relative in December, 2014.
"Performed a sex act" implies this was consensual. Molestation or assault is not performing a sex act. It is violating someone. Sex acts are consensual things. "Someone he knew to be a blood relative" is ridiculously vague. Are we talking about a minor or an adult? The lack of clarification, along with the previous language, leads me to believe this was another adult. "Blood relative." In some states, that could mean his first cousin. A "blood relative" can be a parent, an adult child, a niece or nephew, and aunt or uncle, and this person could be a consenting adult, and someone he just met a couple of years ago.

So what's really going on in this case? We don't know. If this was assault, charge him for that and send him away. If this was consenting adults having fun or making love, the charges should be dropped.

Update here.
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