Kristian S Horman was arrested

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BeanE said:
Please start a thread in the Jury Room if you'd to discuss whether or not force is involved in statutory rape. It's a complex issue, beyond the scope of Kyron's forum and case.

Please return to topic.

Thanks,
BeanE
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If you want to discuss whether or not statutory rape involves force, create a thread in the Jury Room and do so.

Please return to topic.
 
Calliope said:
Interesting wikipedia article, however he was charged under this statute:

http://law.justia.com/washington/codes/title9a/9a.44.089.html

(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Child molestation in the third degree is a class C felony.

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There is NOTHING in the statute under which he was convicted that says "no force".

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What some might call "statutory rape" would be this statute:

http://law.justia.com/washington/codes/title9a/9a.44.079.html

(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony.

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Here are the definitions of the above per statute:

As used in this chapter:

(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

http://law.justia.com/washington/codes/title9a/9a.44.010.html

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I'd like to respond to a couple of others, who answered a post I made about him making a plea.

I was mistaken in thinking he'd pleaded guilty to the charge; I misread the docket. However I found this interesting:




However, an agreement to accept a bench trial on stipulated facts is intended by the parties to be an enforceable contract. In Washington there is a dearth of cases analyzing possible undercutting of the recommendations to be made by a deputy prosecutor after conviction in a stipulated facts trial. Thus, an analogy to cases discussing a potential breach of plea agreements is reasonable.

The State must adhere to the terms of a plea agreement by recommending the agreed sentence to the court. n3 Although the recommendation need not be made enthusiastically, the prosecutor's conduct at that sentencing hearing may not undercut the terms of the agreement.

<snip>

We conclude that while this was not a ringing endorsement of the recommendation, the prosecutor confined herself to the matters that concerned the court and did not advocate for rejection of the SSOSA or undercut the recommendation. Consequently, the State did not breach the stipulated trial agreement.

http://www.lexisone.com/lx1/caselaw...=eDIT.SWNa.aadj.ebjX&searchFlag=y&l1loc=FCLOW

(there were a number of other examples I found that make it clear a stipulated bench trial often involves an agreement between defense and prosecution to reduce charges or apply specific recommendations at sentencing)
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So while agreeing to a stipulated bench trial may not be a guilty plea, it IS a contract and would involve concessions by the prosecution to include charges and/or recommended sentence, while preserving the right of the person to appeal the decision. Given the two above statutes, it is possible that he indeed did "plead" to a lesser charge.

I did not see what the original charge was as listed on the case file (if someone could point that out, I'd appreciate it). He well could have been initially charged with "Rape of a child in the third degree" and the agreement in the stipulated bench trial was to instead charge him with "Child molestation in the third degree".

As to the comment that the State would not reduce charges from rape to statutory rape, I've provided the statutes that show he wasn't convicted of what is commonly known as 'statutory rape'. And given the specific definitions of 'sexual contact' and 'sexual intercourse' within each statute above, the State may well have made the agreement to reduce the charge if there was no evidence of sexual intercourse or they felt they could not prove same.




JMO, etc.
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Great info Calliope! Just in case not everyone read and understood all of your post - Kristian was charged and found guilty of Child molestation in the third degree, not Child rape in the third degree, the difference being sexual contact in molestation cases, and sexual intercourse in rape cases - both pertaining to victims between 14-16 yrs old.
 
I dont have time to read through all the posts but here's my 2 cents:

~Uhhh, anyone else think this is a little too much of a coincidence that Kyron goes missing and not only is his Uncle a convicted child molester, but he gets arrested shortly after Kyron goes missing?? TOO WEIRD. I know his victim is another person, but still.

~This is Kyron's Uncle. That is SCARY. G-d knows who else he may have laid his hands on in that family. In fact, what if he did touch Kyron, and didn't want him to talk, as his other victim did, and he decided to keep Kyron quiet?

Am I allowed to say that here? I'm not saying he hurt him, but I am just what if-ing/doing some thinking??? Still getting used to the rules.

~Sex offenders are sex offenders. Male victim, female victim, young or old---I don't trust offenders ONE BIT---I believe they will hurt whomever they can get their hands on. Yes, I believe in the stats and MO's, but frankly, if my brother/sister was found guilty of molesting a teen, and I had little kids, I'd get as far away as I possibly could from them and fast (not to mention petition to keep them in prison)!! There are several cases of perps molesting/raping both male and females of various ages, as some posters have already mentioned.

~Just because Kristian has 1 conviction, does not mean he hasn't hurt other people. Just means he didn't get caught/told on.

~Do child molesters/rapists hang out in groups? Do they all stick together? I'm not trying to be funny here, because if they do, maybe a friend of Kristian's who is also an offender, may have crossed paths with Kyron at some point and took a liking to him??

OY VEY. This arrest does NOT make this situation any better or less confusing!!!!
 
watchful_eye said:
I dont have time to read through all the posts but here's my 2 cents:

~Uhhh, anyone else think this is a little too much of a coincidence that Kyron goes missing and not only is his Uncle a convicted child molester, but he gets arrested shortly after Kyron goes missing?? TOO WEIRD. I know his victim is another person, but still.

~This is Kyron's Uncle. That is SCARY. G-d knows who else he may have laid his hands on in that family. In fact, what if he did touch Kyron, and didn't want him to talk, as his other victim did, and he decided to keep Kyron quiet?

Am I allowed to say that here? I'm not saying he hurt him, but I am just what if-ing/doing some thinking??? Still getting used to the rules.

~Sex offenders are sex offenders. Male victim, female victim, young or old---I don't trust offenders ONE BIT---I believe they will hurt whomever they can get their hands on. Yes, I believe in the stats and MO's, but frankly, if my brother/sister was found guilty of molesting a teen, and I had little kids, I'd get as far away as I possibly could from them and fast (not to mention petition to keep them in prison)!! There are several cases of perps molesting/raping both male and females of various ages, as some posters have already mentioned.

~Just because Kristian has 1 conviction, does not mean he hasn't hurt other people. Just means he didn't get caught/told on.

~Do child molesters/rapists hang out in groups? Do they all stick together? I'm not trying to be funny here, because if they do, maybe a friend of Kristian's who is also an offender, may have crossed paths with Kyron at some point and took a liking to him??

OY VEY. This arrest does NOT make this situation any better or less confusing!!!!
Click to expand...

I would like to clarify that Kristian was convicted on Wednesday, not arrested. He was arrested for this offense in January 2009.
 
gwenabob said:
I would like to clarify that Kristian was convicted on Wednesday, not arrested. He was arrested for this offense in January 2009.
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But he was taken into custody on the 16th. Has there been any change re info on him today? Ta
 
scandi said:
But he was taken into custody on the 16th. Has there been any change re info on him today? Ta
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Yes, he was free, then he went to court and was convicted in a bench trial, and because of that conviction, he was taken into the state's custody and is now sitting in jail.
 
THANK YOU for clarifying. It's still not a good situation regardless, but it's important to know the facts in full.
 
Originally Posted by gwenabob
I would like to clarify that Kristian was convicted on Wednesday, not arrested. He was arrested for this offense in January 2009.
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Ok, so he was arrested in Jan 09----that's more than a year ago!! And he was a free man until the 16th??? What was he doing between now and then??
 
scandi said:
But he was taken into custody on the 16th. Has there been any change re info on him today? Ta
Click to expand...

A couple things. He is now a registered sex offender, there was an order of commitment by the judge, which might mean the sentence, but I am not sure. It does not give an amount of time. There is also an entry of "j&s faxed to Scso with Lea." Not sure what that means either. Anyone?
 
watchful_eye said:
Ok, so he was arrested in Jan 09----that's more than a year ago!! And he was a free man until the 16th??? What was he doing between now and then??
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Probably whatever the h*ll he wanted!
 
Oh Jeezuz!! I'm not going to go into how these people should be kept off of the streets immediately after an arrest (no bail) and forever after a conviction---not going into politics right now...not on a Friday...ughhh.
 
Makes me wonder if he's close to his SIL. Perhaps he has some insight that has been squeeezed out of him... The timing of his arrest is fishy, imo.
 
gwenabob said:
I would like to clarify that Kristian was convicted on Wednesday, not arrested. He was arrested for this offense in January 2009.
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He was booked and incarcerated after the conviction on 6/16. There is nothing I see that shows he's been in jail for over a year.
 
gwenabob said:
A couple things. He is now a registered sex offender, there was an order of commitment by the judge, which might mean the sentence, but I am not sure. It does not give an amount of time. There is also an entry of "j&s faxed to Scso with Lea." Not sure what that means either. Anyone?
Click to expand...

judgement and sentence? SCSO is Snohomish County Sheriff Office. Faxed to them so they could take him into custody ?
 
Exactly. So we can assume, until further notice, that he was a free man until the 16th. *rolls eyes*
 
Calliope said:
He was booked and incarcerated after the conviction on 6/16. There is nothing I see that shows he's been in jail for over a year.
Click to expand...

Nope. I suspect he was released after the initial arraignment in 1/09, and free until his conviction on Wednesday.
 
Our friend the newsbreaking reporter over at the Willamette Week online has a really disgusting update to Kristian's story.
 
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