If a sick b*****d rapes a five year old girl and the girl later dies from internal injuries as a consequence of that rape, is the b*****d tried for murder or manslaughter?
I'm asking this question because this is what happened in my community last week and the five year old girl in question died last night as a result of the injuries she sustained in that brutal attack.
2006-09-19 05:22:33 · 65 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Its sickening to think he'll only be charged with manslaughter, more sickening to think someone will be paid to 'defend' him and even more sickening to think he'll be sectioned and cared for in prison.
We can only hope for a slow, painful death for the sick b*****d
2006-09-19 05:35:38 · answer #1 · answered by Trillyp 5 · 3⤊ 0⤋
He can be tried on multiple charges, anything from endangerment of a child and kidnapping to abhorrent sex acts. The main charge will probably be involuntary manslaughter with a secondary charge of statutory rape. However, depending on the condition (size, etc.) of the child, the prosecutor may go the route that the accused knew that the act of rape would or could cause the death of the child. In that case it changes to either voluntary manslaughter or second degree murder (still only life sentencing, no death penalty).
Other facts could be if the child were transported across state lines, etc. Some could be federal charges and bring about a separate trial (on those charges).
The court should and will probably insist on a mental evaluation before the prosecutor files formal charges.
Before this one goes to the cage, they need to make sure all the i's are dotted and t's are crossed (No loopholes or possible reasons for appeals). When the death penalty is involved, there's an automatic appeal to a higher court, but I can't see being able to prove first degree murder.
2006-09-19 05:58:58 · answer #2 · answered by Carlton73 5 · 1⤊ 0⤋
Well...here's the thing. In the US you'd have been arrested for sexual assault (and whatever degree applies depending upon the state).
A death that is a result of the assult such as your case would bump the charge up to murder. Now...the question before the court is not that the death was the result of the rape. Nope! The real question is "Did the actor...in the commission of the rape of a child INTEND to cause the death of the child by his actions"?
That is the difference between being convisted of capital felony murder (in Connecticut) versus Manslaughter. Although in this case I think murder will stand and if not executed (that's right...you guys don't execute anymore) then life in prison. That is of course if you're prison-mates don't have a field day with you.
2006-09-19 06:04:33 · answer #3 · answered by Quasimodo 7 · 1⤊ 0⤋
For a charge of murder to be considered it would have to be forseeable and a virtual certainty that the child could die from her injuries. This would be strongly dependant upon expert medical opinion. It would be much easier to present evidence for manslaughter and then hope the judge would allow the child's family to speak of the impact the loss of this child has had and then use his discretion when sentencing. Let's hope an eagle eyed lawyer finds a way to go for murder though because a jury would probably be as outraged as we are at such a vile crime.
2006-09-19 19:44:21 · answer #4 · answered by Valli 3 · 0⤊ 0⤋
Wow, that's horrible! The district attorney will be the one deciding what charges to file. They will go for the charge most likely to lead to a conviction, so it will unfortunately be manslaughter. I don't know the legal definition for second degree murder though, so that may be an option. But, between the rape and whatever other charges they can prove, this sick b*stard will be going away for a long time.
2006-09-19 05:27:13 · answer #5 · answered by babalu2 5 · 1⤊ 0⤋
How very terrible, her poor family what must they be going through. I don't know if you are American or British, if you are British he will probably be tried for murder as the child died as a result of a crime, i.e rape, taking a minor for the purposes of unlawful sex. Unfortunately our criminal justice has now become a farce and guidelines for prison sentences laughable if it wasn't so tragic. Even if he gets life, he might only serve nine years. If he pleads guilty that will reduce his sentence. He will go on the sex offenders register, but I don't know what use that is. Personally I think he should be given to a group of mothers for a short while - that should do the trick!
2006-09-19 05:46:20 · answer #6 · answered by Grannygrump 3 · 1⤊ 0⤋
Manslaughter I'm afraid, as the original attack was not a premeditated plan to kill. However, hopefully he will also be tried for the rape of a child and if found guilty for all that will up his sentence I hope.
I'm so sorry to hear that this has happened.
2006-09-19 05:32:54 · answer #7 · answered by peggy*moo 5 · 1⤊ 0⤋
Wow, im sorry to hear that. This is just an opinion but, since he did not intend to kill her, i think he will be tried for manslaughter. Because murder is an intentional act resulting in death. And he may argue that he didn't mean to kill her. Gosh the system really sucks. My heart goes out to the family and god bless.
2006-09-19 05:34:59 · answer #8 · answered by dmgoldsbo7 3 · 1⤊ 0⤋
My God! That is horrible. I should think he will get done for manslaughter with the full sentence. The up side is that prisoners don't like child molesters so he may not make it out alive if they all know. Make sure the event is well publicised and send it to the prisons if you can find a way.
2006-09-19 05:43:20 · answer #9 · answered by travis 2 · 1⤊ 0⤋
Manslaughter. But the rape charge should carry a mandatory life sentence, to which the judge can add recommendations to the time served.
2006-09-19 06:01:12 · answer #10 · answered by Anonymous · 1⤊ 0⤋
It all depends on that the district attorney wants to do. They will usually try him for rape, child molestation, and probably manslaughter. The good news is the police will leak the charges to the prison guards and because inmates do not like those kinds of people. They will probably "turn him out" and make his life hell. If they do not kill him he will want to be dead.
2006-09-19 05:30:01 · answer #11 · answered by Michael R 3 · 1⤊ 0⤋