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Message
re: Tangipahoa Parish rape victim ordered to pay her abuser child support
Posted on 6/14/22 at 3:53 pm to Bronc
Posted on 6/14/22 at 3:53 pm to Bronc
quote:
If you watched the report as you said, the lawyer from the Louisiana Foundation Against Sexual Assault literally quotes the statute in LA law stating under no circumstance stemming from felony conviction of rape, which this would be, shall even visitation rights be granted.
Yes I watched the video. Yes I heard the lawyer quote the statue, and for reasons only explainable by my intense desire to do anything to avoid actual work, I wasted 20 minutes looking up the statute. It is as follows:
La. Civ. Code, Art. 137
A. In a proceeding in which visitation of a child is being sought by a parent, if the child was conceived through the commission of a felony rape, the parent who committed the felony rape shall be denied visitation rights and contact with the child.
What the lawyer in the video did not address is the definition of felony rape.
I am not expert on law, but I can read and nowhere in the statute on Felony Carnal Knowledge is the word "Rape" present.
§80. Felony carnal knowledge of a juvenile
A. Felony carnal knowledge of a juvenile is committed when:
(1) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater; or
(2) A person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or a person who has been convicted one or more times of violating one or more crimes for which the offender is required to register as a sex offender under R.S. 15:542 commits a first offense of misdemeanor carnal knowledge of a juvenile.
B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual intercourse.
C. Lack of knowledge of the juvenile's age shall not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
D.(1) Whoever commits the crime of felony carnal knowledge of a juvenile shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.
(2) Repealed by Acts 2020, No. 352, §2.
Amended by Acts 1977, No. 539, §1; Acts 1978, No. 757, §1; Acts 1990, No. 590, §1; Acts 1995, No. 241, §1; Acts 2001, No. 796, §1; Acts 2006, No. 80, §1; Acts 2008, No. 331, §1; Acts 2010, No. 763, §1; Acts 2020, No. 352, §2
So, my legal question remains, does felony carnal knowledge of a juvenile meet the definition of felony rape?
1
Posted on 6/14/22 at 3:55 pm to Bronc
quote:I question why we're just now hearing about this? Why hasn't the mother never taken this to the Attorney General or Governor's office? Why has she not not gone to child protective services and demand they help her keep the child away from the biological father? Why has she not appealed the case to reverse the judges orders? Why has she allowed him to have a relationship with the father? Why has she allowed him to pay the child's cellphone bill? Why was he ever allowed 50%/50% custody and now he's been granted 100% + child support?
Do I need to explain how pregnancies work?
99% DNA match and admission that the father fricked the mother on the night in question, the child is 16, the mother 32.
There is no scenario where this is not statutory felony rape at a minimum....unless you have a police department refusing to investigate or prosecute for half a decade that happens to have a business deal with the accussed.
So many questions....
Posted on 6/14/22 at 3:56 pm to Bronc
Sic vita est.
This post was edited on 6/16/22 at 12:51 pm
Posted on 6/14/22 at 3:57 pm to OweO
quote:
A search of John Barnes shows he owns Gumbeaux Digital Branding
God that’s so fricking lame to name your company that
Posted on 6/14/22 at 4:09 pm to Basura Blanco
It's considered felony rape, so it would seem that way yes.
But again, here's the thing, we shouldn't have these questions in limbo a decade after she filed a report and sought to press charges.
But again, here's the thing, we shouldn't have these questions in limbo a decade after she filed a report and sought to press charges.
Posted on 6/14/22 at 4:13 pm to Bronc
quote:
Using the technicality that the police department the rapist has a business contract with has refused to investigate or charge the case.
Ponchatoula PD cannot investigate it, its isn't their jurisdiction.
Posted on 6/14/22 at 4:15 pm to icegator337
quote:Don't forget St. Tammany.
It feels like the worst backwoods slop in the south comes from Livingston, Tangipahoa, Felicianas, and St. Helena
Posted on 6/14/22 at 4:24 pm to sofar
quote:
liberal pro-abortion bull shite
What the frick is wrong with you? There was no mention about her ever considering an abortion oh my Internet has nothing to do with this horrible situation.
Posted on 6/14/22 at 4:30 pm to RT1941
quote:
I question why we're just now hearing about this? Why hasn't the mother never taken this to the Attorney General or Governor's office? Why has she not not gone to child protective services and demand they help her keep the child away from the biological father? Why has she not appealed the case to reverse the judges orders? Why has she allowed him to have a relationship with the father? Why has she allowed him to pay the child's cellphone bill? Why was he ever allowed 50%/50% custody and now he's been granted 100% + child support?
So you are perfectly fine with speculation and question begging....just as long as it's questioning the woman who at 16 was knocked up by a 30 year old.
But to the point, did you bother watching the story? Seems like you didnt and are just rushing to defend the rapist. Cause you arent even getting basic facts correct that are not in dispute.
She wanted nothing to do with John until he forced himself into her life by applying for custody when the daughter was 5. The judge applied 50/50. She filed charges in 2015, he was awarded full custody in the last year around bizarre circumstances and that is when payments were forced on the mother.
And she states she has been fighting in the courts and using the help of the woman in the interview but costs are mounting(often one of the reasons many woman never push forward with rape claims, cause police drag their feet and the courts drain them of money).
Posted on 6/14/22 at 4:30 pm to Olderthandirt
quote:
you sanctimonious leper.
Quality insult. Imma steal that one.
Posted on 6/14/22 at 4:31 pm to Ponchy Tiger
quote:
Ponchatoula PD cannot investigate it, its isn't their jurisdiction.
The rape happened at his house in Ponchatoula, its in the story
Posted on 6/14/22 at 4:36 pm to Bronc
quote:
It's considered felony rape, so it would seem that way yes.
You keep saying that, but according to the statute, that doesn't seem to be the case. Feel free to point out where I missed something. I was surprised myself that it was not specifically stated.
Here is another link explaining the statute. Again, the word rape is not included.
Carnal Knowledge Statute LA
Posted on 6/14/22 at 4:42 pm to Basura Blanco
quote:
You keep saying that, but according to the statute, that doesn't seem to be the case. Feel free to point out where I missed something. I was surprised myself that it was not specifically stated.
Here is another link explaining the statute. Again, the word rape is not included.
Carnal Knowledge Statute LA
I mean I'm going to defer to the head lawyer for the Louisiana Foundation Against Sexual Assault to hopefully have a clear understanding of the law beyond some amateur sleuths like ourselves using Google fingers and getting page 1 results.
Regardless, the woman filed charges 7 years ago, the police department with the contract with the rapist has done nothing to investigate, sealed off the accused's files, is not cooperating, and so any questions of either culpability or custody are unresolved because they wont do their jobs under a situation where there is the appearance of conflict of interest.
Posted on 6/14/22 at 4:43 pm to Bronc
Omne initium difficile est.
This post was edited on 6/16/22 at 12:51 pm
Posted on 6/14/22 at 4:47 pm to Olderthandirt
quote:
This guy went to a bar and picked up someone for sex. Was his judgement not perfect? OBVIOUSLY in the rearview mirror. But I would like to know more about how much older she appeared or did not appear that night and other circumstances at the bar before I condemn either person.
The law makes no exceptions for "looking older"
The responsibility was on the 30 year old adult at a bar where underage girls could get in to make sure he wasn't fricking a 16 year old.
If this hits a little close to home and you see yourself in this guy and that's why you are scratching for excuses on his behalf, maybe take a look at that? Cause it's a little odd to me that you defualt to thinking that men who have a libido would obviously be in their 30's hanging out where underage girls can drink and trying to be the after hours car ride.
This post was edited on 6/14/22 at 4:48 pm
Posted on 6/14/22 at 4:53 pm to Bronc
Sequere pecuniam.
This post was edited on 6/16/22 at 12:51 pm
Posted on 6/14/22 at 4:53 pm to Bronc
quote:
The rape happened at his house in Ponchatoula, it's in the story
The report was filed with TPSO, so who would investigate it in this case?
Posted on 6/14/22 at 4:57 pm to LSUSkip
quote:
The report was filed with TPSO, so who would investigate it in this case?
Apparently no one, since it's been 7 years and no one has lifted a finger
Posted on 6/14/22 at 5:01 pm to Bronc
quote:
I mean I'm going to defer to the head lawyer for the Louisiana Foundation Against Sexual Assault to hopefully have a clear understanding of the law beyond some amateur sleuths like ourselves using Google fingers and getting page 1 results.
And by doing that, you are deferring to a snippet of a TV interview. And yeah, I used my fingers (as opposed to toes?) to Google the statute he referenced. But unlike the edited TV interview you are willing to accept as Gospel, the statute I linked was from a .gov website. As in its the actual law he is partially referring too, only in its entirety.
You did get the amateur sleuth part right, so you got that going for you I guess.
Actual complete statute on Carnal Knowledge I google fingered from the actual legis.la.gov website
Actual complete civil statute the lawyer referenced (also fingered by googling)
Posted on 6/14/22 at 5:08 pm to Olderthandirt
quote:
Has anyone reported the exact circumstances of that night
Did you miss the 16 year old with the 32 year old mother walking around with the 99% match with John's DNA?
For someone that is so obsessed with letting everyone know they frick, and trying to project masculinity on an anonymous messageboard, you seem to be confused how this sex stuff works.
John has never claimed a second encounter, he doesn't dispute having sex, only consent, doesn't contest that he took her from the bar to his house in Ponchatoula. I mean hard to gain custody if he tried to claim he didn't frick her?
quote:
Are you some sort of Holy Roller teetotaler who has never had one too many that may or may not have blurred your judgement?
I have never accidentally went to a bar that lets underage girls get in as a 30 year old and "accidentally" fricked a 16 year old, no. In part, cause going to a bar like that at 30 is fricking weird. That's like being 30 and driving across town to go to Reggies to pick up girls. If you are doing that, you are a fricking creeper.
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