A Rapid City man serving time in prison for driving under the influence has been indicted on two counts of incest.
The 34-year-old made his initial court appearance in 7th Circuit magistrate court Tuesday.
We are given no other information about the incest charge. “Incest” may refer to a 34-year-old man raping his 4-year-old child, or a niece or nephew of the same age. People like that needs to do hard, long time. But the same term can refer to a 34-year-old man having consensual sex with his 32-year-old sister. That should not be a crime.
His attorney, John Fitzgerald, said his client was brought back from the South Dakota State Penitentiary to answer the accusations. The man was participating in a work-release program when the accusations surfaced and was returned to prison, Fitzgerald said.
So he was serving time for DUI, but he was allowed out in the middle of his time, during which he could have killed someone.
Incest is a Class 5 felony with a potential maximum sentence of five years in prison and a $10,000 fine.
It shouldn’t be a separate crime. It should only be an enhancement to the molesting, assault, of rape of a child or statutory rape. Consensual consanguineous sex should not be a crime. We don’t know what is alleged to have happened in this case based on the scant information provided.
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