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Wednesday, February 1, 2023

No Joy in Meadville?

What really happened in Meadville, Pennsylvania?


Timothy Travis Whitman, 42, who resides in [a redacted location in] Meadville, was arraigned Monday before Magisterial District Judge Samuel Pendolino. Whitman faces a second-degree felony charge of incest for a Jan. 23 incident that Meadville Police Department said took place in [a different location in Meadville]. A preliminary hearing in the case was scheduled for Feb. 13. Whitman remains in Crawford County jail, Saegertown, in lieu of $20,000 bond.

This is from the state law...

4302.  Incest.

(a)  General rule.--Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.

(b)  Incest of a minor.--A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood and:

(1)  is under the age of 13 years; or

(2)  is 13 to 18 years of age and the person is four or more years older than the complainant.

Where to start?

1. He is charged with 4302a, so this was with another adult.

2. He has NOT been charged with assault; there is nothing in the report or the law that implies this was anything other than consensual. If it wasn't consensual, he should be charged with assault.

3. This law appears to criminalize even LIVING together. That is blatantly unconstitutional. However, the alleged crime is said to have taken place in a different location from his residence, so it isn't about living together, unless he and someone he lived with were caught together at another location.

It sure would be nice to have clarification in the news report.

It sure would be great if states no longer enforced or even had unconstitutional laws against adults sharing sex, a residence, or marriage.

It sure would be great if the court threw out these charges. If he assaulted someone, charge him with that. If he didn't assault anyone, leave him alone!

Most lovers never have to deal with this. Very few consensual lovers are arrested, prosecuted, and imprisoned, but it does happen. People need to be careful.

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1 comment:

  1. lovers should never be imprisoned for victimless activities

    ReplyDelete

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