Skip to comments.Man charged with kidnapping, sexual assault of Polk County girl
Posted on 07/12/2015 9:14:08 PM PDT by sheikdetailfeatherEdited on 07/12/2015 9:57:52 PM PDT by Admin Moderator. [history]
THE ASSOCIATED PRESS
POLK COUNTY, Fla.
A 23-year-old man who told police he entered the United States illegally from Mexico has been arrested in connection with the kidnapping and sexual assault of a 13-year-old Florida girl.
The Van Buren County sheriff's office in southwestern Michigan says Aurelio Hernandez-Gomez was arraigned Friday in South Haven.
he’s just here doing the kidnappings and rapes that Americans don’t want to do...
It happens every day. Illegal alien crime is rampant. Tens of thousands of Americans have been killed and millions have been victims of criminal alien crime.
I fail to see the problem here.....age of consent is 13 in Mexico....
I mean he was here illegally not obeying US laws, so he he defaults to Mexico law....
I am sure it’s a simple misunderstanding....fine him 100 pesos and let him go...
Convict, execute, and send carcass back to Mexico.
Trump needs to play this story up big time in Florida. Polk county is part of the I-4 corridor Jeb and Rubio will be working strongly for votes.
A certain dreamer needs to have his acorns stomped on until they’re powder.
Don’t make me spit my coffee out. lol!
“...age of consent is 13 in Mexico..”
Is that true?
Looking sharp...Where's Boosh?
It’s just an act of love.
Even if true, the girl didn't give her consent. She was kidnapped and raped.
Came to post this. I see you have me covered. Good job!
My post was sarcastic .....I thought the 100 peso fine was a dead giveaway....
In Mexico, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 12-18 is not illegal per se, but can still be open to prosecution under certain circumstances). Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. At state level, the minimum ages of consent vary between 12 (and puberty in a few states) and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 (most common 18).
Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions. Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 (16 or 17 in some states) when the consent of the child is obtained by seduction and/or deceit. For instance the law of Aguascalientes reads: “El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño.” (translation: Estupro consists in copulating with a person over twelve and under sixteen years old, obtaining his/her consent through seduction or deceit). Traditionally, estupro applied only to acts committed with a girl, and required “chastity” or “honesty” of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of “castity” or “honesty” and by making the laws gender neutral. However, traditional laws still exist in some states: for instance, the law of Baja California reads: Al que realice cópula con mujer de catorce años de edad y menor de dieciocho, casta y honesta, obteniendo su consentimiento por medio de la seducción o el engaño (translation: “Whoever copulates with a chaste and honest female over fourteen and under eighteen years old, obtaining her consent through seduction or deceit”). Some states have removed the requirement of “chastity” or “honesty”, but continue to define estupro as applicable only to girls. For instance, in Campeche the law states: Al que tenga cópula con mujer mayor de doce años pero menor de dieciocho, obteniendo su consentimiento por medio de la seducción o el engaño (translation: “Whoever copulates with a female over twelve and under eighteen years old, obtaining her consent through seduction or deceit”). The exact type of coercion that must be used varies by state, for example the Federal Law only makes reference to “deceit”, omitting “seduction” (it reads: Al que tenga cópula con persona mayor de doce años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, translation: “Whoever copulates with a person over twelve and under eighteen years old, obtaining his/her consent through deceit”).
Article 261 of the Federal Criminal Code (PDF) states that: Whoever, without the purpose of reaching copulation, performs a sexual act in a person under 12 or in a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist, or demands that the act is performed, will be punished with a term of 2 to 5 years in prison. If the offender uses moral or physical violence, an extra half term is added to the initial time.
Article 266 refers to the previous article 265, which covers the rape of adults in general and establishes a term of 8 to 14 years in prison for sex obtained through physical or moral violence. Article 266 then states that: “It is equivalent to rape and will be punished with the same penalty: (1st Clause) who without violence performs a copulation with a person under 12. The 3rd Clause of this article punishes with the same penalties also the vaginal or anal introduction of objects, without violence and with lascivious goals, in a person under 12 or in a person that has no capacity of understanding the meaning of the fact, or for any reason cannot resist. If any of the aforementioned acts is performed with physical or moral violence, the sentence is raised in up to a half.
A further article, 266 Bis, determines an extra penalty of up to a half under certain circumstances (a) when there are multiple offenders; (b) when the offense is committed by a parent, legal guardian, stepfather or companion (amasio) of the mother; (c) when there is an abuse of authority of someone as a civil servant; (d) when the crime is committed by a person who has the minor under his or her custody, guard or education, or yet through the abuse of trust.
There is another crime in Article 262 for consented sex with adolescents aged 12 to 18, when consent is obtained through deceit. The penalty is 3 months to 4 years in prison. This crime, however, is prosecuted only through a complaint of the minor or his/her parents or legal guardians, as determined in Article 263.
Artículo 262 del Código Penal: “ Al que tenga cópula con persona mayor de doce años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, se le aplicará de tres meses a cuatro años de prisión.”
Translation: Article 262: “Whoever copulates with a person over twelve and under eighteen years old, obtaining his/her consent through deceit”
Article 201 prohibits the “corruption” of a minor under 16.
(PDF) Official version - Mexican Chamber of Deputies website. (in Spanish)
Copy in HTML/PDF, browsable by section (in Spanish)
Interpol website (in Spanish))
If people could please add the keyword, “Illegalaliencrime,” to stories like this, it would help.
You folks have no idea how hard it is to find these stories in the MSM.
Headline indicates that the origin of the perp is immaterial.
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