oceanblueeyes
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I noticed that what he was convicted of is rape by instrumentation. I'm having a hard time figuring out what this is. I automatically thought of sodomy but I don't think that's what this is. Anyone enlighten me?
1111.1 RAPE BY INSTRUMENTATION.
"Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, note amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met."
§21-1114.
A. Rape in the first degree shall include:
1. rape committed by a person over eighteen (18) years of age upon a
person under fourteen (14) years of age; or
2. rape committed upon a person incapable through mental illness or
any unsoundness of mind of giving legal consent regardless of the age
of the person committing the crime; or
3. rape accomplished with any person by means of force, violence, or
threats of force or violence accompanied by apparent power of
execution regardless of the age of the person committing the crime; or
4. rape by instrumentation resulting in bodily harm is rape by
instrumentation in the first degree regardless of the age of the
person committing the crime; or
5. rape by instrumentation committed upon a person under fourteen (14)
years of age.
B. In all other cases, rape or rape by instrumentation is rape in the
second degree.
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I believe his victim was under the age of 14. I think that is why he is rated a Level III due to the severity of the rape by instrumentation.
I wonder if he was married back then and if it was maybe a family member.
imoo