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re: Tangipahoa Parish rape victim ordered to pay her abuser child support

Posted on 6/20/22 at 9:56 am to
Posted by Olderthandirt
Member since May 2022
559 posts
Posted on 6/20/22 at 9:56 am to
Could have easily found out and knew with certainty are two different things. You are assuming a lot in how close Barnes was with this friend as to knowing the age of his sisters or her friends. If the friend was his age it might make him MORE likely to think she was over 21 if he was previously unaware.

And, of course forcible rape is a different issue.

By tomorrow, she may accuse Barnes of the death of christ as an added charge.

You really need to cut down the transistion meds. They are still making you irritable.
Posted by chryso
Baton Rouge
Member since Jul 2008
13514 posts
Posted on 6/20/22 at 9:57 am to
Whether people get off on these charges or not the point is that at least charges were brought. In this case the police don't seem to be interested in arresting the guy.
Posted by Olderthandirt
Member since May 2022
559 posts
Posted on 6/20/22 at 9:58 am to
quote:

“I thought she was 17” isn’t a defense in this state, even if the girl lied to the guy.

Someone I know ended up having to plea out over similar charges because an underage girl was fricking people she met online and lying about her age.

The ages of everyone involved plus DNA evidence of paternity makes that open and shut from the state’s perspective.


It is not a defense as to guilt or innocence but in Louisiana a judge does have discretion in sentencing and can consider mitigating circumstance in handing out that sentence. They are two different parts of the process.
Posted by teke184
Zachary, LA
Member since Jan 2007
103106 posts
Posted on 6/20/22 at 10:02 am to
Guy I am thinking of got blatantly lied to by the girl and plead out because of the potential sentence if he went to trial.

He got two years.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 6/20/22 at 10:05 am to
quote:

Guy I am thinking of got blatantly lied to by the girl and plead out because of the potential sentence if he went to trial.

He got two years.


That may be the required sentence... Do you know if he actually spent jail time? Or did the judge suspend the sentence?
Posted by Olderthandirt
Member since May 2022
559 posts
Posted on 6/20/22 at 10:08 am to
quote:

quote:
Guy I am thinking of got blatantly lied to by the girl and plead out because of the potential sentence if he went to trial.

He got two years.


That may be the required sentence... Do you know if he actually spent jail time? Or did the judge suspend the sentence?



There is no required jail sentence other than it cannot be more than ten years.

quote:

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.


As yo Code of Criminal Procedure Article 893, that has been challenged successfully in recent years.


Posted by teke184
Zachary, LA
Member since Jan 2007
103106 posts
Posted on 6/20/22 at 10:09 am to
He had to report to jail and served time. Not sure he actually served two years but it fricked his life up completely.

He’s now a felon and IIRC had to be put on a sex offender registry.
Posted by boudinman
Member since Nov 2019
6101 posts
Posted on 6/20/22 at 10:13 am to
Expect the DA to convene a grand jury, present ALL of the evidence including that from the family court judge, and then see if the grand jury decides an indictment is necessary.
Posted by Bronc
Member since Sep 2018
12646 posts
Posted on 6/20/22 at 10:17 am to
quote:

Could have easily found out and knew with certainty are two different things. You are assuming a lot in how close Barnes was with this friend as to knowing the age of his sisters or her friends. If the friend was his age it might make him MORE likely to think she was over 21 if he was previously unaware.

And, of course forcible rape is a different issue.


I guess it goes with the territory of being his TD propaganda proxy, but you seem to have endless excuses for Barnes.

If he is at a bar with his friend, even one he doesn't know super well(though supposedly she avoided additional contact by avoiding that bar because Barnes and the sister's brother were often there), you either actively avoided trying to learn the woman's age, or you knew and still proceeded.

But even that is besides the point, cause ignorance is not a defense in this case.



Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 6/20/22 at 10:18 am to
quote:

Expect the DA to convene a grand jury, present ALL of the evidence including that from the family court judge, and then see if the grand jury decides an indictment is necessary.


That is probably what will happen.
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7822 posts
Posted on 6/20/22 at 10:18 am to
quote:

The rape victim (mother) allowed him parental rights and allowed him to have a active relationship with the child. She accepted $450/month in child support from him for years and he provided and paid for the child's cellphone with the understanding that the phone would have parental controls at all times.


Why were their any stipulations to it at all. Regardless of what she agreed to the court could have stepped in at any point and said nah. You are guilty of a crime and get no say but still have to pay support. As he should have to pay support.
Posted by Oilfieldbiology
Member since Nov 2016
41262 posts
Posted on 6/20/22 at 10:56 am to
quote:

am curious as to what will happen as well. If I had to guess, nothing.


This is a sad state that most people (me included) probably agree that nothing will happen.
Posted by Havoc
Member since Nov 2015
37462 posts
Posted on 6/20/22 at 10:58 am to
quote:

Why were their any stipulations to it at all. Regardless of what she agreed to the court could have stepped in at any point and said nah. You are guilty of a crime and get no say but still have to pay support. As he should have to pay support.

That was in 2011. The underage element appears to have not been mentioned prior to the 2015 police report and we don’t know if the judge was even aware of that. I don’t know what filings were made in 2011, but if her DOB was listed that’s something the judge may or may not have been expected to note and pursue but if the parties were in agreement then (custody in exchange for child support) then maybe not. Just trying to clarify the timeline for when statements were made as to the court.

At the time custody was first granted to Barnes there was apparently no assertion of rape, forcible or otherwise.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
44875 posts
Posted on 6/20/22 at 11:01 am to
If the mother applied for any state benefits, she is required to seek child support. They probably paid for the dna testing that discovered who the father is. The state the attaches child support to that father and he gets visitation since she hadn’t filed anything in regards to the rape.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 6/20/22 at 11:03 am to
quote:

That was in 2011


And a completely different Judge.. Maybe a Judge Ricks? IIRC..
Posted by Olderthandirt
Member since May 2022
559 posts
Posted on 6/20/22 at 11:11 am to
quote:

I guess it goes with the territory of being his TD propaganda proxy, but you seem to have endless excuses for Barnes.

If he is at a bar with his friend, even one he doesn't know super well(though supposedly she avoided additional contact by avoiding that bar because Barnes and the sister's brother were often there), you either actively avoided trying to learn the woman's age, or you knew and still proceeded.

But even that is besides the point, cause ignorance is not a defense in this case.



I am not sure if you are being purposely obtuse or just ignorant in general.

Ignorance is NOT a defense in being found guilty. Ignorance has been used in multiple cases when the judge imposes sentence. These are two separate parts of the case.
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7822 posts
Posted on 6/20/22 at 11:14 am to
quote:

That was in 2011. The underage element appears to have not been mentioned prior to the 2015 police report and we don’t know if the judge was even aware of that. I don’t know what filings were made in 2011, but if her DOB was listed that’s something the judge may or may not have been expected to note and pursue but if the parties were in agreement then (custody in exchange for child support) then maybe not. Just trying to clarify the timeline for when statements were made as to the court.

At the time custody was first granted to Barnes there was apparently no assertion of rape, forcible or otherwise.


which just pisses me off more about the justice system. Hey this is families court so I'm not allowed to do math and see that since the child is 6 and the mother is 22 years old you obviously got her pregnant when she was 16 which is pretty illegal. But hey it's family court so we have to ignore that.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 6/20/22 at 11:18 am to
quote:

Olderthandirt

quote:

Bronc


It is hereby ruled upon and ordered by this OT Court that the individuals named above shall refrain from replying to any post authored by the other.

Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 6/20/22 at 11:20 am to
quote:

which just pisses me off more about the justice system. Hey this is families court so I'm not allowed to do math and see that since the child is 6 and the mother is 22 years old you obviously got her pregnant when she was 16 which is pretty illegal. But hey it's family court so we have to ignore that.


I agree. And it probably doesn't help that the system is full of 16 year old mothers as well.
Posted by Olderthandirt
Member since May 2022
559 posts
Posted on 6/20/22 at 11:24 am to
quote:

quote:
Olderthandirt

quote:
Bronc


It is hereby ruled upon and ordered by this OT Court that the individuals named above shall refrain from replying to any post authored by the other.



Now what fun would that be? Well, I guess I can comply by replying to you and noting that Bronc needs to make certain he has all of this information. Tips for Bronc
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