All we have seen so far (or some of us at least) is JM walking on opposite side of mall then walking along side HG Why would LE ask for video footage of HG and JM together after 1:40 am if they had that proof in the first place? I find it inconceivable that nothing would have appeared on Youtube. Equally as strange there are no witness accounts of anyone seeing them together after the mall footage. It is almost like they both vanished after that.
The charges stem from probable cause and from what I have read it is an easy standard to meet. Proving defilement is much higher burden of proof. Just because he maybe bought her drinks or had his arm around her does not show that with premeditation he abducted and defiled her. Her condition based on video or witness interpretation is not damning enough IMO even Longo had different interpretations quoted in the press.
I keep reading there is video footage of them leaving Tempo. Where is that? Also owner of Tempo issued statement that HG was not in that bar. Who does a jury believe?
From the wording, I'm not sure that they have to prove actual "defilement," but rather the "intent" to defile. I found the excerpt below which helps to explain the charge.
http://www.rgmorganlaw.com/sexcrimes.html
§ 18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, or (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, shall be a Class 2 felony. If the sentence imposed for a violation of (ii) or (iii) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life subject to revocation by the court.
The essence of this offense is kidnapping someone and
demonstrating an intent or actually having some type of sex with him or her, i.e. Abduction with Intent to Defile. Abduction and kidnapping are synonymous in Virginia. Abduction is defined by Virginia Code Section 18.2-47 as follows:
When one by force, intimidation, or deception, seizes
Takes, transports, detains, or secretes another with the
Intent to deprive that person of liberty or withhold or
Conceal him from proper custody.
This particular statute appends a
specific mental state to the above definition, that of the abductor doing the abduction with the intent to defile (commit rape, carnal knowledge, sodomy, object sexual penetration) or to place a child under 16 into prostitution.
The act of the abduction isnt necessarily actually transporting the victim, and it would seem that the abductor could simply deprive that person [the victim] of liberty in the exact same spot where they met. The abductor can even transport the purported victim to an isolated location without any apparent protest from the victim. The prosecution must then prove the abductors mental state, i.e. the abductor took the victim to the other place for the purpose of being able to commit his sex crime without fear of being caught.
You wouldn't have to prove that the victim was intoxicated (as you had surmised in a previous post).