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7:12 AM
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That's the impression given to me based on what I can read of this article by Mike Hibbard at fltimes.com. The article is partially hidden behind a pay wall, so I can only base this on what I could see for free.
Marvin Martin, 28, pleaded guilty Tuesday in Yates County Court to third-degree incest. The charge is a class E felony punishable by up to four years in prison.
That charge is for consensual sex. And notice the article says "having sex," which I consider entirely different than assaulting. "Having sex" implies mutual consent. This is what the law say in New York...
§ 255.25 Incest in the third degree. A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the third degree is a class E felony.
In New Jersey, this wouldn't be happening.
If this had been assault or molestation, he could have been charged with 1st or 2nd degree incest, which deal with assault.
If this was consensual, it shouldn't be a crime.
If this was assault, did the DA make a deal in exchange for the guilty plea? Someone who rapes someone else should face a lot more than four years in prison. Someone who has consensual sex with another adult shouldn't be arrested in the first place.
Here are the laws against assault of a family member...
If anyone in law enforcement or journalism, especially the ones involved in this case, what to explain, I'm all ears. You can leave a comment, including anonymously, if you'd like, and you have request in the comment for me to NOT publish it, if you'd like. Or you can email me.
UPDATE Sept. 9 2013:
A kind person responded to my email inquiry about this, telling me this was a plea deal. From the full article...
The arrest was not reported to the media. With the ages of 21 and 15, this was either rape or statutory rape. It this was a rape, the sentence limitations mean the sentence will be far too lenient. There are still unanswered questions, such as why it took until 2013 to arrest someone for something that happened in 2006. Was she so traumatized that she didn't come forward until this year? Or was this something law enforcement took up because of someone else's concerns? The laws need to be reformed. Remove separate laws against "incest," instead adding sentencing enhancements for rape/assault or molestation if it is by a guardian or someone with authority or power over the victim.
If this was consensual, it shouldn't be a crime.
If this was assault, did the DA make a deal in exchange for the guilty plea? Someone who rapes someone else should face a lot more than four years in prison. Someone who has consensual sex with another adult shouldn't be arrested in the first place.
Here are the laws against assault of a family member...
§ 255.26 Incest in the second degree. A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, as defined in section 130.30 of this part, or criminal sexual act in the second degree, as defined in section 130.45 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the second degree is a class D felony.
§ 255.27 Incest in the first degree. A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, as defined in subdivision three or four of section 130.35 of this part, or criminal sexual act in the first degree, as defined in subdivision three or four of section 130.50 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece. Incest in the first degree is a class B felony.
If anyone in law enforcement or journalism, especially the ones involved in this case, what to explain, I'm all ears. You can leave a comment, including anonymously, if you'd like, and you have request in the comment for me to NOT publish it, if you'd like. Or you can email me.
UPDATE Sept. 9 2013:
A kind person responded to my email inquiry about this, telling me this was a plea deal. From the full article...
Martin pleaded guilty under an Alford plea, where a criminal defendant doesn’t admit an act but admits the prosecution could prove the charge. He was arrested earlier this year by state police, who allege Martin had sex with his sister dating back to 2006, when she was 15.
The arrest was not reported to the media. With the ages of 21 and 15, this was either rape or statutory rape. It this was a rape, the sentence limitations mean the sentence will be far too lenient. There are still unanswered questions, such as why it took until 2013 to arrest someone for something that happened in 2006. Was she so traumatized that she didn't come forward until this year? Or was this something law enforcement took up because of someone else's concerns? The laws need to be reformed. Remove separate laws against "incest," instead adding sentencing enhancements for rape/assault or molestation if it is by a guardian or someone with authority or power over the victim.
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