Consenting Adults Still Being Prosecuted in South Dakota

Yet again, we see the very real harm caused by unconstitutional laws that still criminalize sex between consenting adults. As we have seen before, there is a federal case being made because some adults have loved each other. Jane rightly exposes the absurdity of prosecuting this case.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Incest.

Counselor Seiler, I'm sure you are a valuable asset to our federal government. Why are you prosecuting consenting adults for having sex in private?

Daniel Mexican, age 43, and Santana Mexican, age 25, were indicted on December 14, 2016.  They appeared before U.S. Magistrate Judge Mark A. Moreno on December 16, 2016, and pled not guilty to the Indictment.

There is no victim! Honorable Judge Moreno, please dismiss this!!!

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

What have they done wrong?!? What have they done to harm anyone???

The Indictment alleges that on November 20, 2016, Daniel Mexican and Santana Mexican knowingly engaged in consensual sex with each other, when they are within the degrees of consanguinity which would render a marriage void.

What that degree is, we're not told. Are they cousins? Siblings? Uncle and niece? Father and daughter? If so, did he even raise her, or is this a case of Genetic Sexual Attraction, in which someone became a biological father at age 18?

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller is prosecuting the case.  

I figured it had to have been alleged for it to have taken place on official tribal land for it to be a federal case rather than state. Attention Cheyenne River Sioux Tribe leaders: Please to do encourage an unjust prosecution.

President Obama should pardon them and any other adults the federal government has prosecuted for consensual (to be redundant) sex. Please, President Obama! Include this in your final pardons!!! There is no good reason they should be criminalized or denied their right to marry.

These lovers are not alone. If you're involved, don't let this happen to you. Protect yourself.