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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDaycare center employee raped a 12-year old child in Alabama...Judge finds him not guilty
It was an open and shut case. A daycare center employee, Eric Higdon, raped a 12-year old child. He was found guilty under a sodomy statute specific to minors by all members of the 9-judge panel supreme court in Alabama.
Actually, make that all 9 members except one.
Judge Roy Moore.Moore stated there was no evidence in this case of an implied threat of serious physical injury. A child was raped. What kind of judge says that?
The exact same judge who sexually assaulted a 14-year old girl in a court custody case!
Its not like Alabama GOP voters didnt know about Moores awful decision: his primary opponent blanketed the airwaves with ads attacking him for it. Alabama GOP voters just didnt give a ****. They voted for him overwhelmingly anyway.
(What got lost in Moores scandals was the fact that he was entirely unqualified to begin with--Moore was twice removed from the Alabamas top court for violating the U.S. Constitution.)
But now, Alabama GOP voters recently learned that Moore took a 14-year old childwhom he promised her mother he would watch while she attended a custody hearing to his home in the woods, gave her alcohol, stripped her, slobbered over her, and tried to guide her hand to his private area.
https://www.dailykos.com/stories/2017/11/10/1714373/-Now-that-you-ve-tried-to-justify-child-molestation-we-re-done-reaching-out-to-you
SharonClark
(10,014 posts)Maraya1969
(22,483 posts)tblue37
(65,403 posts)Hortensis
(58,785 posts)A majority overruled one particular point of law at the request of the state. Moore dissents. Maybe one of our people in the legal field will stumble across this and interpret.
The 17-year-old defendant was sentenced to 23 years in prison, and that is not affected by this decision. The actual sex crime seems to have been the defendant putting small children's penises in his mouth as a form of oral sex. "Sodomy." Alabama's legal definition very different from how most of us use the word.
The reasoning of the majority comes first, then Moore's dissent. The majority seem to think "implied threat" can come from any person of authority with the ability to punish as seen by a small child.
Moore argues for this definition: The implied threat in the definition of forcible compulsion is not the threat of sexual assault but of immediate death or serious physical injury.
Don't know what to think about the whole thing except that Moore would obviously raise the bar considerably higher on the crime that particular provision involving "implied threat" could be applied against.
About this point, though, I am remembering a 14-year-old girl being encouraged to take her clothes off by a person of authority. If this happened, it seems Moore liked to regard their interaction as entirely consensual, no "implied threat" from the fact that children are required to obey authority or that he was a man who had her alone in his house.
Baconator
(1,459 posts)... but not the parts he does."
Initech
(100,080 posts)He's one of them. Actually, he is them. He's all their hatred, prejudice, bigotry, homophobia, sexism, ageism, racism, and misogyny rolled into one ugly, disgusting face. He's equal parts Pat Robertson, Phil Robertson, Bryan Fischer, Theodore Shoebat, and every other horrible fundamentalist out there. As long as he walks free and is able to run for Senate, he's everything disgusting, soulless and wrong that the Values Voters stand for. He's their face, and we should make him their face. They own this.
And the same goes for anyone who defends this piece of shit, they stand for that as well.
Archae
(46,335 posts)It was in 2015.
LisaL
(44,973 posts)Alabama voters don't seem to care.
OregonBlue
(7,754 posts)Don't know about the child but the perp was not white.
sarah FAILIN
(2,857 posts)But the perpetrator was black, no race on the 4 children who were ages 3 to 5. The boy wasn't an employee, but the son of an employee.
LisaL
(44,973 posts)charges. This article has a video made by his primary opponent.
http://theweek.com/speedreads/736547/watch-gop-sen-luther-strange-accuse-roy-moore-being-soft-pedophiles-back-september
sarah FAILIN
(2,857 posts)My phone down loads slowly..
I don't doubt it is what he said, but I think all the info should be right or people will deny and yell fake news
sarah FAILIN
(2,857 posts)And Higdon was the child of an employee, not an actual employee. He was sentenced to 23 years initially. I'm on my phone and can't look it up now as to how the appeals went, but I hate to repeat something before I have it straight. If this article has this much wrong, it may have more wrong so I I would double check it.
Zambero
(8,964 posts)Posing as devout Christian. Mindset of ISIS with abhorrent actions to match.
Kirk Lover
(3,608 posts)Response to HipChick (Original post)
Name removed Message auto-removed
Iggo
(47,558 posts)So of course he sympathizes with others who do the same.
(And, yes, I'm going to continue to use the words "fucks children" when I talk about him or anyone else who fucks children.)
LiberalLovinLug
(14,174 posts)The author speaks for a lot of us. I know we hear how the "sensible" approach is that we must find some common ground with these ugly stupid ignorant fools that STILL would vote for Trump if they could.
But for gawds sake, sometimes ya just gotta vent. That "other side" has to at least start to come to the center, to at least acknowledge Trump is unfit (even if they'd never vote Democrat) ...something to start.
But this author is right, as it stands now at least, these people are not only deplorable they are irredeemable.
When you can justify the rape or assault of children, Im f****** done with you.
You pedophile-loving, sexual-assault defending, Bible-thumping, Putin-worshipping, evil, authoritarian racist losers can all drown for all I care. (Or, what would be more likely, shoot each other up.) If these are the values of the so-called heartland, than f*** the heartland.
You embrace hatred of your fellow man, yet promote lust for someones elses child. Then you have the sick audacity to say you promote family values. You dont need economic help--you need psychological help. The only people worse than you are the GOP silent enablers who excuse every monstrous thing because speaking out might mean they wont get to kick a poor person in the teeth anymore.
TheBlackAdder
(28,208 posts).
.
Shrike47
(6,913 posts)of forcible compulsion. He states clearly that the sodomy conviction was appropriate; the dispute is over whether the teenager's inherent authority over the children is sufficient to equal forcible compulsion, which is defined by statute. That refers to the second count of the indictment. I don't think you can conclude from his dissent that he's pro-pedophile.
Jim Lane
(11,175 posts)Based on that, I agree with you that this case proves a lot less than the OP suggests.
I appreciate your courage in posting something that undercuts the Official DU Orthodoxy on this matter.
uponit7771
(90,347 posts)GoneOffShore
(17,340 posts)And it sums up exactly what I've been thinking for the past year.
Blue Owl
(50,416 posts)Taliban shit right there...