VA - Hannah Elizabeth Graham, 18, Charlottesville, 13 Sept 2014 - #12

[eileenhawkeye]

So this means LE in this case has more against JM than LE's had against: Terri Horman, the Ramseys, the Irwins, Sergio Celis, etc....and I know there are people who don't think some of those people are guilty...but it just makes you go...hmmm...

 

[Mensasleuth]

Thank you!

Mods - looks like we have some trolls in here. Thank you for all you've been doing so far.


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[angela]

I really wish Longo would have emphasized the fact the anyone helping him is now breaking the law.

 

[Hiandmighty]

I think so. I think "defile" can have many meanings here from something like that all the way to attempted rape.

It means he intended to commit a sex crime on her.

 

[Darcyline]

Defile charges don't look like attempted rape charges according to the codes people are finding. Looks more like they may have found pictures of some sort or maybe even some texts from him to other people? Or something overheard in the bar.

 

[astridxx]

What exactly is abduction with intent to defile?


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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 isn’t 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 abductor’s 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.

A specific example of “abduction with the intent to defile”: The abductor observes somebody at a convenience store in the process of shoplifting. The abductor approaches the victim and pretends to be store security, then transports the victim to an isolated location and commits a rape.

Abuction with Intent to Defile is a Class 2 Felony, punishable 20 years to life in prison and/or a fines of up to $100,000. This punishment would be in addition to the jury’s recommended punishment for the underlying sex offense, i.e. rape, carnal knowledge, sodomy, object sexual penetration). This offense can pertain to victims who are either an adult or a juvenile

The most horrible thing about this statute is that it can tack 20 years of minimum-mandatory prison onto what may have been a relatively-low jury sentence for the sex offense. For example, I once had a jury for a rape in one jurisdiction which found my client guilty and gave him 5 years of prison time, the absolute minimum sentence. Then, the second jury in the jurisdiction from which the victim was abducted found him guilty of the abduction and had to give him the 20 years minimum mandatory.




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[bestill]

Date rape drugs found?

 

[cady]

I have suspected trafficking all along, but it did not have legs, here. HMMM JMO

 

[SuperTmo]

Dear Older White Man,
I'm sorry for thinking you were responsible.

I've been worried about his emotional well being. I hope he isn't being hard on himself thinking he should have done more, or that he could have somehow saved Hannah. I hope he doesn't blame himself for not intervening.

 

[Skigirl]

No.. Hannah is the only one named. Her DNA and his were likely found in the car or home or clothing. They don't know if a rape actually occurred, but they have enough info now to feel confident that JM took here somewhere and attempted to rape her. Probably some signs that it was NOT consensual as well, though her condition and texts may be enough to indicate that.

I am deflated that they did not find Hannah alive and she told LE. That would have been the perfect find. But now the speculation of innocense of JM, the "gentle giant" talk can be put to rest. LE now has some hard evidence.

I don't know whether JM is guilty or not, but I am pretty sure that probable cause and a wanted poster aren't super-strong evidence of guilt.

 

[MaedchenX]

Please don't leave this is one of his supporters!!!!

I read that as a post mocking those who are eager to hear the evidence linking the suspect to the crime. But you know, the great thing about living in a democratic society, in addition to a legal system that attempts to afford all citizens the same justice before the law, is the diversity of opinion among its population.

 

[Phoebeb]

Mine as well. Sounds to me like these charges are not for Hannah, but are related to another victim of attempted rape that has come forward. They now have something more concrete to press charges for. (jmo, of course)

Wow, that could be true- did they say abduction and attempt to defile in relation to Hannah? Did they mention her name?

 

[random989898]

It looks like intent to defile can mean intent to do harm. I don't want to bring other cases in here but was reading about others charged in Virginia with intent to defile. One attempted to abduct a woman, they got into a struggle, he tried to choke her, she got away and he took off on foot. The charge was abduction and intent to defile, and strangulation. In another case that happened in Charlottesville, a man offered a young woman a ride but then drugged her and dropped her off at an abandoned house in a deserted area (no sexual assault) but he too was charged with intent to defile as it was deemed his intent was to cause her harm.

 

[callyn]

WOW! "attempt to defile"?

It's INTENT to defile, not attempt to defile.

 

[HokieHi71]

I don't get the defile part. It doesn't mean rape I don't think. I read prostitution or molestation. Did he try to sell her and somewhat told LE? How would they know ? Can anyone clarify?

The Virginia Court made the following holding:

When the Commonwealth of Virginia charges a defendant with abduction with intent to defile under Va. Code Ann. § 18.2-48, it has the burden of proving that the defendant: (1) abducted the complaining witness; and (2) did so with the specific intent to defile. The elements of the offense of abduction with intent to defile are separate and distinct from the elements of attempted rape. Attempted rape includes the intent to engage in sexual intercourse with a female victim. Abduction with intent to defile requires an intent to sexually molest a victim of any sex. The terms “defile” and “sexually molest” are interchangeable within the meaning of § 18.2-48. Sexual molestation, while including sexual intercourse, also embraces many acts which are distinct from sexual intercourse. Va. Code Ann. § 18.2-67.10(6).

BBM

 

[ZsaZsa]

What exactly is abduction with intent to defile?


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Have a look at post # 678, it describes it well, with examples of how it applies here.

 

[Luvrosco]

It means he intended to commit a sex crime on her.

How do they know that? He didn't talk to LE.

 

[Lava]

It means he intended to commit a sex crime on her.

Yes, but what kind. Taking pornographic pictures can also be a sex crime.

 

[daily]

I cant see PC, did they say they updated charges from new evidence, or are these charges from same evidence?

 

[MJPeony]

What a darn shame... They had him- at the station on Sunday. But couldn't keep him. A darn darn shame.