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

[Plumeria5]

Chief Longo says they should have answers in a couple more days. DNA?

 

[IMO]

I respect that they may have something, but ugh...without anything more than "This is what he is wanted for" and looking at all LE has done already, that something could be anything unfortunately. I mean...what if they found sex toys in his apartment? That would lead them to believe he was interested in a sex crime. But have they linked that to Hannah? Dunno...for now.

And if you look at the first definition of "Abduction with intent to defile", it is: Abduction (i) of any person with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, (iv) of any person for the purpose of prostitution, or (v) of any minor for the purpose of manufacturing child *advertiser censored* shall be punishable as a Class 2 felony. If the sentence imposed for a violation of (ii), (iii), (iv), or (v) 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.

 

[popsicle]

What sort of evidence would bring about an attempt to defile charge? Seems mostly linked to prostitution so do they have some sort of evidence of that?

Perhaps her DNA on his underwear.

 

[Biggles]

Well there you go..I think it's safe to say now that LE has a lot more evidence than we know about...

They always do. You can't winnow out false confessions or conduct effective interviews if all the facts are shared with the public. It's frustrating, but it has to be that way.

 

[finine]

I wonder if the articles of clothing they returned for on the second warrant was what he was wearing that night...looking for her dna?

 

[sherbetjello]

What exactly is abduction with intent to defile?


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Basic translation means to make not clean, or to cause impurity.

Is Gitana here tonight? I am sure she knows for 100%

 

[SuperTmo]

Intent to defile opens up possibility of a sex ring- yes? According to the definition of what the charge means above anyway.

That is my thought! And the Chief of Police did say to look in all four corners of the country and beyond ( paraphrasing) for her.

 

[sarx]

Gitana where are you!?!? Need help deciphering what this means!

 

[Plumeria5]

have you not been on the forum for the last few days?

No, I haven't been able to keep up. I am remodeling. What has been happening?

 

[Clover1099]

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

It's just a lesser charge that can be upgraded if Hannah is found.

 

[popsicle]

InsideNoVA ‏@InsideNoVA 1m
Jesse “LJ” Matthew Jr. is now wanted for abduction in the disappearance of Northern Virginia native Hannah Graham: http://fb.me/721yIpENG

 

[liebling]

New here, first post! According to a VA court of appeals case, Simms v. Commonwealth, the elements of the offense of abduction with intent to defile are separate and distinct from the elements of attempted rape. So...yeah. It's a different crime. Still trying to figure out *how* it's different, but thought I'd jump in and put that out there.

 

[Dee10]

Deleted

 

[jjw]

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...

What are you trying to say? That the police department is railroading JM? There is absolutely nothing to back that up, and I think accusing LE of doing so without proof is wrong.

jmo

 

[nuclearali]

Date rape drugs found?

Interesting. That would be the INTENT for sure, since they haven't found her body and tested her blood for the drugs, it cannot be proven.

Pornographic photos would not be an INTENT to defile either- it has already happened.

Can't think of any other ways to intend to defile. Can someone explain what a "rape kit" is?

 

[Sjm_qc]

i think its attempt till they find the body basically (or until they get a DNA match on him to some other cases).

BBM

I agree, unfortunately.

I wasn't quite expecting this. I feel so, so sorry for Mr & Mrs Graham tonight. Another little bit of hope just slipped away.

 

[Jmm124567]

LE said they may be getting forensics on late Tuesday. It's late Tuesday. I have a feeling they got those back. Now they are waiting on more form the second search of the house.

HG could still be alive he may have her hidden.

 

[Le Singe]

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)

why wouldn't they have included murder since that crime has been connected to Morgan Harrington? I think the charges are for HG

 

[Peppery]

He may have "offered" her to someone else, room mates, bar patron, etc.

God, I feel sickened just typing that. I pray Hannah didn't know what was happening to her.

 

[verbonica]

http://www.rgmorganlaw.com/sexcrimes.html



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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I wonder if you should delete that last paragraph? It seems to just be side-talk from a defense atty whose web site it appeared on. The rest of it, stating the law, seems fine.