If #1 turns out to be true then I hope they go easy on him. Sorry if I’m stepping on any toes. :/
A discussion about all of this won't step on toes.
Firstly, the authorities had to charge him with that offense because of the videotape on his computer/phone.
Unless it is murder, there are mitigating factors in felony cases.
What if B.D.R.'s motivation was to "save" S.P. and he believed that in order to "save" her there needed to be proof.
I can't think of a more horrible way to get "proof" other than being murdered. It was atrocious but without this "proof", the stepfather wouldn't see any jail time. In my opinion.
There is no dispute that B.D.R. drove there, took S.P. (a minor) across a state line. There is evidence that B.D.R. requested the rape be taped for "proof", and that S.P. sent it to B.D.R. There's no disputing that either.
The argument will be whether there were "mitigating factors". What was his motivation behind all of this? Any criminal history in his background?
His D.N.A. will have already be inputted into CODIS so any matches to crimes/rapes will be discovered if evidence exists in CODIS that matches his D.N.A.
We don't know what B.D.R.'s mother will testify to any of this. I don't know if she was as frightened as S.P. and B.D.R. This will all come out in the Grand Jury.
Sometimes there's an indictment and sometimes there isn't. It's up to the Grand Jury.
Then, if and when it goes to trial, there's still no guarantee that the jury there will convict. And if they do, it could be to a lesser charge. Anything can happen in court and usually does.
I really believe that the top-notch lawyer B.D.R. has representing him is motivated by the "gray areas of the law"/mitigating factors.
I think this case could set a precedent.