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Aug 04 2008

Proving ‘who did it’ muddles Texas polygamist sect abuse case

Posted by: Joshuah in polygamy

Source: Houston Chronicle

Indicting members of a polygamist sect on child sexual assault is one thing.

But prosecuting anyone on child sexual assault charges is a much different, and tougher, thing to accomplish, according to legal experts.

Even if Texas Child Protective Services comes back with a finding that sexual abuse happened at the sect’s Yearning for Zion Ranch in West Texas, the standard for a child sexual assault conviction is much higher, said professor Ellen Marrus, who heads the University of Houston’s Center for Children, Law and Policy.

“The problem isn’t so much proving the issue that there had been sexual contact,” Marrus said. “The bigger issue is proving who did it. … So unless the child testifies that she had sex with a Mr. A or Mr. B, you don’t have any proof who did it.”

On July 22, FLDS leader Warren Jeffs, 52, and four of his followers — Raymond Merrill Jessop, 36; Allan Eugene Keate, 56; Michael George Emack, 57; and Merrill Leroy Jessop, 33 — were indicted on sexual assault of a child charges. A sixth man, Lloyd Hammon Barlow, 38, was charged with three counts of failure to report child abuse. Jeffs is in custody in Arizona, where he is accused of arranging underage marriages. The other five surrendered to authorities last week.

Under Texas law, sexual assault of a child occurs when an adult has sexual contact with someone younger than 17.

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