Found Safe TN - SLP, 14, Madisonville, Monroe County, 13 Jan 2019 #5 *ARRESTS*

[kkdj]

According to this article (Judge finds probable cause in case of Madison man accused of child exploitation)

Pfluger also says medical testing on the girl found injuries related to sexual activity not involving her father. The prosecutor says Rogers may also be charged with transporting the girl across state lines for sex.


The bolded part - could this mean there was no semen to test? Could this be why no rape charges have been filed? They cant determine for sure who assaulted her the most recent time?

I believe if there is no semen, SP will tell LE who it was. I think it's pretty obvious though, at least to me. jmo

 

[PommyMommy]

According to this article (Judge finds probable cause in case of Madison man accused of child exploitation)

Pfluger also says medical testing on the girl found injuries related to sexual activity not involving her father. The prosecutor says Rogers may also be charged with transporting the girl across state lines for sex.

The bolded part - could this mean there was no semen to test? Could this be why no rape charges have been filed? They cant determine for sure who assaulted her the most recent time?

TxMother67 posted this article a couple of pages back which may suggest that testing is taking place. (I haven't had a chance to read it yet.) MOO

Extending the Time to Collect DNA in Sexual Assault Cases | National Institute of Justice
"We know that sperm cells are found in the female reproductive tract for seven days after ejaculation or longer. Researchers are testing a hypothesis that may extend the length of time in which DNA profiling is possible in sexual assault cases."

I'm not sure how long it takes to process DNA. but this is a great article.

 

[zencompass]

I am curious if your opinion remains in light of this latest hearing news ? Regarding legal precedent?
ETA link to hearing news added
Judge finds probable cause in case of Madison man accused of child exploitation

Again, I haven't stated an opinion per se, rather I have only shown my great interest in the legal findings in this case.

This case has only begun and we shall see whether the defense attorneys win a successful argument leading to a legal precedent.

Excerpt from news article (below):

"U.S. Magistrate Judge Peter Oppeneer said he was making no judgment about whatever motives Bryan Rogers, 31, may have had when he is alleged to have persuaded the 14-year-old girl to make a video of herself being sexually assaulted by an adult, or about the likelihood of success that prosecutors would have of getting a conviction."

Man charged in child exploitation case ordered to remain in jail, judge finds probable cause

 

[SkipperKey3]

I too understand the need to think he wanted to save her but as soon as those conversations regarding the making of the video were released - I felt this was a predator. I hope that she is surrounded by fully vetted loving people who may or may not be related to her - I’m so afraid she asked for help from others and was not believed or the abuse was allowed IMO - I hope I’m very wrong but I don’t think so and I hope TN allows a child a say in who she lives with JMO

I'm not even saying I have the "need to think he wanted to save her". He may have been all predatory. I'm just saying that it may not be that clear cut.
Take driving to MO to mail the letter and evidence to the FBI. He may have done that out of a genuine need to help her. Or, he may have done that in an effort to appease her and get her to stay with him. Or, more than likely, a little of both.
He may have been misguided. But what he did with her once in WI was not in her best interests.

 

[oviedo]

Again, I haven't stated an opinion per se, rather I have only shown my great interest in the legal findings in this case.

This case has only begun and we shall see whether the defense attorneys win a successful argument leading to a legal precedent.

Excerpt from news article (below):

"U.S. Magistrate Judge Peter Oppeneer said he was making no judgment about whatever motives Bryan Rogers, 31, may have had when he is alleged to have persuaded the 14-year-old girl to make a video of herself being sexually assaulted by an adult, or about the likelihood of success that prosecutors would have of getting a conviction."

Man charged in child exploitation case ordered to remain in jail, judge finds probable cause

But what is the legal precedent you think may be won? I’m curious because the only thing I can see is intent of the defendant and allowing good intent to override a crime ? As in the end justifies the means ?

 

[SkipperKey3]

But what is the legal precedent you think may be won? I’m curious because the only thing I can see is intent of the defendant and allowing good intent to override a crime ? As in the end justifies the means ?

No, if what Pfluger says is true, it cannot be justified.
And no, the end doesn't justify the means. That is a legal slippery slope that you don't want to go down.

 

[zencompass]

But what is the legal precedent you think may be won? I’m curious because the only thing I can see is intent of the defendant and allowing good intent to override a crime ? As in the end justifies the means ?

I can't predict this - all we can do is follow the trial and we will find out when we hear the legal findings.

 

[jellybean96]

I would love to see what BR was searching on his computer prior to cops showing up on his doorstep.

 

[gitana1]

I think BR persuaded her to make the tape and send to him for his own sexual perversions. I think he went and got her and took him to his mothers home in the basement for his own sexual perversions. He only convinced her that he was needing and doing these things so that she would comply. jmo

Ironically, reading the defense memorandum convinced me of that, while it appeared to do the opposite for many!

 

[The Night Watchman]

Again, I haven't stated an opinion per se, rather I have only shown my great interest in the legal findings in this case.

This case has only begun and we shall see whether the defense attorneys win a successful argument leading to a legal precedent.

Excerpt from news article (below):

"U.S. Magistrate Judge Peter Oppeneer said he was making no judgment about whatever motives Bryan Rogers, 31, may have had when he is alleged to have persuaded the 14-year-old girl to make a video of herself being sexually assaulted by an adult, or about the likelihood of success that prosecutors would have of getting a conviction."

Man charged in child exploitation case ordered to remain in jail, judge finds probable cause

This case had the potential for the law to deal with gray areas in a complicated and explosive legal battle. With confirmed sexual assault by BR, there is no gray area anymore. It is all black.

It won't be complicated and it won't be interesting, to me at least. I am not familiar enough with sentencing in these cases, but hopefully both BR and RP will never get out of prison.

Edited- thanks for the catch, Skipper!

 

[gitana1]

I don't even deny this. I am allowing for the possibility, however, that he did feel the need to save her.
I've seen a lot of discussion here back and forth. But people generally aren't all good or all evil (well, except RP). It is possible that BDR did at least partially have that motive, but also felt compelled to help her after he saw the tape. Maybe his motives were all predatory, but maybe they weren't. It is so hard to tell. Nonetheless, what he ultimately did was wrong.
The more details that come out, the more I worry about SLP.

I really agree with this. I've learned (more and more each year) that little is that black and white. Including people and their characters and motives.

 

[SkipperKey3]

This case had the potential for the law to deal with gray areas in a complicated and explosive legal battle. With confirmed sexual assault by BR, there is no gray area anymore. It is all black.

It won't be complicated and it won't be interesting, to me at least. I am not familiar enough with sentencing in these cases, but hopefully both BR and SP will never get out of prison.

I hope you mean RP, not SP.

 

[kkdj]

Ironically, reading the defense memorandum convinced me of that, while it appeared to do the opposite for many!

Same here.

 

[oviedo]

This case had the potential for the law to deal with gray areas in a complicated and explosive legal battle. With confirmed sexual assault by BR, there is no gray area anymore. It is all black.

It won't be complicated and it won't be interesting, to me at least. I am not familiar enough with sentencing in these cases, but hopefully both BR and SP will never get out of prison.

This was my thought as well - I just don’t see anything earth shattering coming out of this matter - I research case law a lot - I’m not seeing any potential for precedents now which is why I was curious - thanks

 

[Cyber sleuth]

Ironically, reading the defense memorandum convinced me of that, while it appeared to do the opposite for many!

Ironically, reading the defense memorandum convinced me of that, while it appeared to do the opposite for many!

Guilty here! I’ve been a flip flopper and had flipped after I read the defense memo only to flip again after reading your breakdown.
Ugh, I had that glimmer of hope that BR had good intentions and bad execution for half a day.
In the gray area ( not law) I think BR got to play out a fantasy of being a hero and poor SP fell back on survival tactics.

 

[kkdj]

I don't think BR was thinking he was saving her. I think he saw an opportunity to lure a helpless child into his den of perversions. In that he convinced her he was saving her. But he never varied from his intent. moo

 

[katsrfun]

This case is so horrible, I almost hate to read any more. How could this absolutely poor excuse for a man think it was okay to assault this young lady. She had already poured her heart out to him, he knew her father was sexually abusing her, and how could he even think to do this. Has he no respect for himself nor this young girl? It is beyond my imagination how sick this person must be to do this. How could he even prepare to have sex with her, knowing her father had already abused her. I am just beyond sick at this whole situation. Thanks everyone for hanging in there in this most sad case. Katt

 

[kkdj]

Maybe someone can answer this.
If somehow SP believed she and BR were in a relationship could rape charges against BR (if filed) be pled down to stat rape? Or is the age difference and the coercion just too great?
p.s. I hope she filmed him too.

 

[margarita25]

Hi, still catching up but wanted to make a note before I forget about how I thought the whole thing about RP won’t force himself on her anymore if she leaves with someone else thing is, I don’t know the word for that, not sure if you guys have mentioned that yet. I don’t get that part really.

 

[oviedo]

Maybe someone can answer this.
If somehow SP believed she and BR were in a relationship could rape charges against BR (if filed) be pled down to stat rape? Or is the age difference and the coercion just too great?
p.s. I hope she filmed him too.

I don’t think the age of consent is 14 in WI - have to look at the statutes but that would be rare IMO plus he is more than 4 years her senior as some states do allow consensual sex at 16 if within the 4 years ? I don’t remember where I read this maybe another case but the state and county the crime occurred in would prevail - IMO no way is this anything other than rape if proven - not sure of what degree but if visual injuries were present I don’t really want to go there - check the link posted upthread it details it out