The rights of children to be protected trumps parental rights in every court in the nation.
I have yet to see one single charge involving a parent and their son. Perhaps you can tell us what those charges were.
The rights of the Children indeed trump adult rights.
But let’s really look at the facts. Let’s say these incidents happened at a public school, instead of at the FLDS compound. Let’s say that many adult females enrolled their kids in a school and consented that certain adult men could have sex with their female children. Let’s say that a high percentage of the adult men and women were married couples, with many couples sharing their children with other men. Under such conditions, what Texas laws would have been violated?
Bigamy is against the law in every State. In Texas, a man cannot be married to two females at the same time. So it’s a legal impossibility for a married man, having sex with a 16 year old girl, to have a legal sexual relationship with her, even if she was of legal marriagable age. Since he can’t legally marry her, while married to another, he commits a statuatory Rape if he has sex with her. Statutory rape rules apply between an adult male and a female younger than age 18, if marriage is not a possibility. Such a rape is a felony. Adults who condone or knowingly allow such activities are subject to laws which prohibit the aiding and abetting of felonies, which act are also felonies.
Again, it doesn’t matter where such activities are committed. Being part of a cult doesn’t relieve a person of the responsibilty of obeying the law.
Laws against Polygamy (even though part of religious practice) were upheld by the Supreme Court in the 1890’s, as Mormon Polygamy was adjudicated in the United States. In most States, it is now against the law to practice bigamy or polygamy. The court upheld All such laws and Mormon Polygamy ended in the United States. By 1904 Mormon Polygamy ended as a sanctioned practice by Mormon leadership, with two Mormon Apostles being excommunicated from the LDS Church for defying Church Law in Mexico.
For Sexual relationships with girls under 16, especially with men older than 21 years, Child abuse laws take over. There are severe consequences for such abuse. Just knowing that such abuse is taking place and doing nothing about it, say at a school, or even in a family situation, is a felony in most states. Those in position of trust, including school teachers, ministers, law enforcement officials, counselors, health professionals, etc., must report suspected child abuse to proper legal authorities.
Aiding and abetting in child abuse is a felony in every State of the Union. In severe cases such persons have been sentenced to years in prison, themselves.
Proof that such laws have been broken is easy. What are the ages of the mothers, and what are the ages of their children. For young women, under 18, with 3 or 4 children, not legally married to a man, prima facia evidence exists. Probable cause can lead to blood tests and DNA tests to prove parentage, and identify the perps (older men), and then those who were complicit.
Don’t be confused about the breaking Child Abuse laws and Statutory Rape laws because a “cult” was involved. “Cults” are not immune or free from consequences of breaking the law.
Nor will society be free from the damage inflicted on these innocent children. The cost of remediation in the lives of these child (18 years and younger) victims will be in the $100’s of Millions. FLDS holdings should be confiscated to help defray the cost.