if a man can go to prison for accomplise to rape for performing a marriage where no actual rape occurred (definition of rape in dictionary : 1. the unlawful compelling of a person through physical force or duress to have sexual intercourse.
2. any act of sexual intercourse that is forced upon a person.
since it is widely known the accounts of homosexual rape in Americas prisons should not all prison guards,criminal prosecutors,criminal judges and police be arrested as rapists?
and could not Warren Jeffs claim eminant domain over the person of the 14 year old girl as their communities culture is based upon the arranged marraige system in their culture and claim freedom of reliogion but mostly eminent domain since it is for the good of the community for arranged marriages in that culture?
2007-09-26 05:43:48 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Eminent Domain is where government seizes use of real property for the public good.
Jeffs is not a government.
A 14 year old girl is not real property.
2007-09-26 05:47:25 · answer #1 · answered by Teekno 7 · 1⤊ 0⤋
By the definitions of which you cite....the compelling of another by force or duress...means it's rape.
By law...a married couple can still have an issue of rape. The spouse should not be forced nor duressed into an act of intercourse. Doing so is rape.
As others have stated...there are also the criminal laws which provide for those who are too young to have a sexual relationship. It is agreed in law that there are some who are too immature mentally and physically to rationally accept intercourse as a "right thing to do." The law protects those under a specific age who may not know the difference between right and wrong!
Prosecutors had maintained that Warren Jeffs, 51, used his religious authority to compel the girl into marriage and sex against her will.
On a side note...this marriage was with the girls 1st cousin. Pretty sick dude if you ask me!
2007-09-26 06:11:04 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
The dictionary definition of a criminal offense is not enough. The state law is what defines rape and other crimes. Some states call the same crime something different. In my state, whether someone gave permission or not, if the one is underage and the other is not, it's rape. Obviously when force is involved, it's rape as well. What you are describing in prison is not "homosexual rape"- it is sodomy or criminal sodomy or criminal sexual act depending on the particular state. You cannot claim eminent domain over a human being since slavery is over. A 14 year old is underage to consent sexually in every state in the union.
The community's culture and "freedom of religion" will be weighed in the courts in this case. Rape is penis to vagina generally. Force can be expressed or implied. The dictionary is no place to research legal terms.
2007-09-26 06:41:43 · answer #3 · answered by Tellin' U Da Truth! 7 · 0⤊ 0⤋
as of judge and police no one is above the law.eminent domain is used to get property or take it away from some one example the town you live in wants to build a road threw your house.in world war2 they used eminent domain to round up the Japanese and put them into camps mostly to take away their homes. you cannot use eminent domain to make an arranged marriage happen. at 14 years old kids are to easily influenced they need to be protected until at least 18 years with some thing like this.maybe they could have arranged marriage at this age? 14 is to young for boy or girl
especially to a man older and wiser in years .for the police or any one in the courts system that lets a rape occur in their presents and does not stop it i think could get accomplish to rape.
2007-09-26 05:58:21 · answer #4 · answered by Jill B 2 · 0⤊ 0⤋
This is simple if you read back to your question you asked. Basically your asking what is right and what is wrong. We can all have a different culture but it doesn't mean that the law is is based upon your culture. It is based upon the state. Can an amish person kill someone and not be confined to a state prison. Ok! Also at the age of 14 you do not know who you are at all. Let alone able to give yourself to a husband. RAPE IS RAPE! BTW she did not even want to be in arraige mariage.
2007-09-26 05:57:42 · answer #5 · answered by halfptnohio 3 · 0⤊ 0⤋
No. He can not claim emminent domain. She is not property first and foremost. Secondly, he is not the federal government, and the marriage is not a public works. That is the most ridiculous argument I have ever heard.
I can't say whether or not rape occurred in that marriage, but I can say, that just because youre married, doesn't mean it can't be rape. This is 2007. People have rights.
And freedom of religion will only get you so far. Ask the Rastafarians.
2007-09-26 05:53:37 · answer #6 · answered by BROOOOOKLYN 5 · 1⤊ 0⤋
The point of marriage is sex. That is the shortest way to describe it. When you force a girl to get married there isn't anything "wrong" with it so-to-speak. It is when you say "It's time you fulfill your duty as a wife" that you are now overstepping the line between rape and consensual sex. The only reason she is even allowed to have sex legally is because she is married. If it were under any other circumstance it would have been statutory rape. This man deserves every butt-f****** he gets in jail (just so he can see what its like to be forced into sex)
2016-05-19 00:55:58 · answer #7 · answered by ? 3 · 0⤊ 0⤋
no because the government can do whatever it wants, like how they gave me 14 days to pay a $1450 fine once.
Also, to the person who says no one is above the law, read about Dick Cheney and his overwhelming number of claims of executive power, or the fact that police regularly beat up black people in South Chicago, North Minneapolis, The Bronx, etc, especially when they weren't doing anything. Go to youtube and look for Police Stupidity/Brutality caught on tape, or look for Anti police brutality demonstration.
2007-09-26 06:12:17 · answer #8 · answered by retardstoner420@gmail.com 2 · 0⤊ 1⤋
Warren Jeffs can CLAIM whatever he wants.
He was convicted and is going to prison, where convicted people go.
2007-09-26 05:49:22 · answer #9 · answered by Citicop 7 · 0⤊ 0⤋
OH MY GOD - did you just say eminent domain can be used to take a person? That's slavery!!!!!!
2007-09-26 06:13:50 · answer #10 · answered by Michael C 7 · 1⤊ 0⤋