[Vision2020] Our Wonderful Latah County Justice System
Art Deco
deco at moscow.com
Mon Dec 27 12:28:14 PST 2010
Chuck wrote:
"So, Tom, if the "guy" was 18 and the girlfriend was 17, how long should he be placed in prison for rape? Just curious."
So how does this fit the definition of rape?
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 61
RAPE
18-6101. Rape defined. Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator's penis accomplished with a female under any one (1) of the following circumstances:
(1) Where the female is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.
(2) Where the female is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the female.
(3) Where she is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability, whether temporary or permanent, of giving legal consent.
(4) Where she resists but her resistance is overcome by force or violence.
(5) Where she is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.
(6) Where she is at the time unconscious of the nature of the act. As used in this section, "unconscious of the nature of the act" means incapable of resisting because the victim meets one (1) of the following conditions:
(a) Was unconscious or asleep;
(b) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(7) Where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
(8) Where she submits under the belief, instilled by the actor, that if she does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against her; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.
The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the female, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the female.
W.
----- Original Message -----
From: Chuck Kovis
To: Tom Hansen ; Sunil Ramalingam ; vision 2020
Sent: Monday, December 27, 2010 11:51 AM
Subject: Re: [Vision2020] Our Wonderful Latah County Justice System
So, Tom, if the "guy" was 18 and the girlfriend was 17, how long should he
be placed in prison for rape? Just curious. Chuck Kovis
----- Original Message -----
From: "Tom Hansen" <thansen at moscow.com>
To: "Sunil Ramalingam" <sunilramalingam at hotmail.com>; "vision 2020"
<vision2020 at moscow.com>; <alford at dnews.com>; <lrozen at dnews.com>
Sent: Monday, December 27, 2010 11:35 AM
Subject: Re: [Vision2020] Our Wonderful Latah County Justice System
> The guy has a criminal history. Sunil, and he was convicted of rape for
> God's sake!!!!!!!!!!
>
>
> Probation for rape?????????????
>
> Thank God he wasn't caught with marijuana. We'd have to lock him up then,
> huh?
>
> JEEEEEEEEEEEEEEEEEEEEEEEEEEESH!!!!!
>
> Tom Hansen
> Moscow, Idaho
>
> On Mon, December 27, 2010 10:40 am, Sunil Ramalingam wrote:
>>
>> It seems to me that if people are going to rail and shout, they should at
>> least make sure they report matters correctly. Hursh just came back from
>> a
>> retained jurisdiction, which means he was in the prison system and had to
>> be recommended for probation based upon his performance in the prison
>> system programming. On the Grand Theft charge he was sentenced to two to
>> seven years in the custody of the Idaho Department of Corrections.
>>
>> (Note to the Daily News: He is now on probation, not parole. They are not
>> interchangeable terms.)
>>
>> Having had clients go to prison after convictions of rape or child
>> molestation, I know it's ignorance to argue that those crimes go
>> unpunished in Latah County. I understand that people have their agendas,
>> but that does not excuse falsehoods.
>>
>> Sunil
>>
>>> Date: Mon, 27 Dec 2010 09:45:13 -0800
>>> From: thansen at moscow.com
>>> To: deco at moscow.com; vision2020 at moscow.com; alford at dnews.com;
>>> lrozen at dnews.com
>>> Subject: Re: [Vision2020] Our Wonderful Latah County Justice System
>>>
>>> A THREE HUNDRED AND FIVE DOLLR fine!!?!?!?
>>>
>>> At Christmas time?
>>>
>>> Now, there's a couple taverns that'll just have to go without this
>>> season,
>>> huh?
>>>
>>> Any guesses who the judge was?
>>>
>>> Welcome to Latah County . . .
>>>
>>> Where RAPE and PEDOPHILIA rank supreme!
>>>
>>> Seeya round town. Moscow.
>>>
>>> Tom Hansen
>>> Moscosw, Idaho
>>>
>>>
>>>
>>>
>>> On Mon, December 27, 2010 9:12 am, Art Deco wrote:
>>> > The following appeared in the Daily News Public Records section on
>>> > Saturday:
>>> >
>>> > Sentencings
>>> >
>>> > Monday -- Hunter Marsh Hursh, 21, of Moscow was convicted of rape. He
>>> was
>>> > fined $305 and sentenced to five years of probation and 30 days of
>>> > discretionary jail time, and he cannot contact the victim for five
>>> years.
>>> >
>>> > Missing from this report is the fact that Hursh (with an extensive
>>> > criminal history) also received a withheld judgment for this rape.
>>> >
>>> >
>>> > WTF?
>>> >
>>> > A $305 fine and 30 days discretionary jail time? And a withheld
>>> judgment?
>>> > For rape? A felony?
>>> >
>>> > Hursh is no stranger to the criminal justice system. And since the
>>> crime
>>> > of rape [04-28-2009], he has been convicted of other crimes for which
>>> he
>>> > also received probation. Hursh will soon, if not now, be out in our
>>> > community, free to pursue his habitual ways. Who will be his next
>>> > victims? Is this what we want to happen in our community? Do we not
>>> care
>>> > enough about each other to take some time and effort to prevent this
>>> kind
>>> > of public endangering infamy by the prosecutor and court?
>>> >
>>> >
>>> > Read Hursh's criminal history and the bumblings of the prosecutor and
>>> > judges here (Have a barf bag at the ready!):
>>> > https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin
>>> >
>>> > Also you can do a search in the online Daily News [sorted by date] for
>>> > more information.
>>> >
>>> >
>>> > What's going on in Latah County?
>>> >
>>> > Besides inept, public disinterested prosecution and lazy, soft-headed
>>> > judges, where is the intensive media attention that allows this kind
>>> of
>>> > outrage to escape public attention?
>>> >
>>> > Is the Daily News deliberately shielding the horrible ineptitude of
>>> the
>>> > prosecutor's office and the lack of judgment of certain judges, or is
>>> the
>>> > Daily News also practitioners of lassitude and ineptitude? How can
>>> the
>>> > public respond to this continued kind of ineptness and poor judgment
>>> in
>>> > the criminal justice system if the media does not cover and comment
>>> upon
>>> > it? Without competent reporting and comment are we doomed to continue
>>> to
>>> > experience these kinds of outrages ad nauseam?
>>> >
>>> > And without intensive media coverage where is the general deterrence
>>> that
>>> > is allegedly part of the goals of criminal sentencing? How do law
>>> > enforcement personnel feel when they spend much time and effort
>>> working up
>>> > a case only to find it handled in such a horrendously nonchalant
>>> manner by
>>> > the prosecutor and the courts? Over the long term wouldn't this kind
>>> of
>>> > event be likely to demotivate law enforcement?
>>> >
>>> > We need competent, public interest motivated reporting, and we need to
>>> > somehow motivate the prosecutor and court to serve the public interest
>>> or
>>> > change the inept and lazy out, by recall if necessary.
>>> >
>>> > And if the local media are not willing to act responsibly, perhaps it
>>> is
>>> > time to start talking to their advertising clients who bear some
>>> > responsibility for supporting this fifth-rate media arrogance and
>>> careless
>>> > ineptitude about serious crimes taking place and adversely effecting
>>> > member of our community.
>>> >
>>> >
>>> > Wayne A. Fox
>>> > 1009 Karen Lane
>>> > PO Box 9421
>>> > Moscow, ID 83843
>>> >
>>> > waf at moscow.com
>>> > 208 882-7975
>>> > =======================================================
>>> > List services made available by First Step Internet,
>>> > serving the communities of the Palouse since 1994.
>>> > http://www.fsr.net
>>> > mailto:Vision2020 at moscow.com
>>> > =======================================================
>>>
>>>
>>> "The Pessimist complains about the wind, the Optimist expects it to
>>> change
>>> and the Realist adjusts his sails."
>>>
>>> - Unknown
>>>
>>>
>>> =======================================================
>>> List services made available by First Step Internet,
>>> serving the communities of the Palouse since 1994.
>>> http://www.fsr.net
>>> mailto:Vision2020 at moscow.com
>>> =======================================================
>> =======================================================
>> List services made available by First Step Internet,
>> serving the communities of the Palouse since 1994.
>> http://www.fsr.net
>> mailto:Vision2020 at moscow.com
>> =======================================================
>
>
> "The Pessimist complains about the wind, the Optimist expects it to change
> and the Realist adjusts his sails."
>
> - Unknown
>
>
> =======================================================
> List services made available by First Step Internet,
> serving the communities of the Palouse since 1994.
> http://www.fsr.net
> mailto:Vision2020 at moscow.com
> =======================================================
=======================================================
List services made available by First Step Internet,
serving the communities of the Palouse since 1994.
http://www.fsr.net
mailto:Vision2020 at moscow.com
=======================================================
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