SplitDik (imported) wrote: Mon Jan 03, 2005 7:33 pm
How they hope to charge Robyn is beyond me. I guess this could be considered child abuse and child abuse must be reported (it is crime to know about it without acting). But then again she has had the procedure done to herself in a "slavery" relationship -- so either how can someone expect her to recognise the abuse and/or report it if she does not recognise the abuse to herself?
Overall it is a very interesting case that may set some precedents in the BSDM community. What can a voluntary slave consent to? What part can a slave play in conspiracy charges?
I think that the only way in current legal context (i.e. no new precedents), is to consider Robyn mentally unfit. I think it would be easy for her defense to make that case.
HELLO!
Robyn is not who they are after here.
Upon arrest I suspect that they both either hired or more likely were assigned attorneys by the court. No attorney their right mind would allow Robyn to stand trial along side of Todd and be equally culpable under the law for those charges.
If Robyn showed up in court with the "SLAVERY STORY" thing and presented it as a REAL 24-7 lifestyle, the court may have very well referred her for a psychiatriac - medical evaluation, (The judge would have no choice but to do this or it would be a reversable procedural error in any court of appeals), the results of which would have undoubtedly made her incompetent to stand trial and would eventually remand her to the custody of a "guardian" or perhaps be made a ward of the state of California. No medical doctor is going to buy Robyn's story of being orgasmic or being more sexually responsive after Todd cut her genitalia off. Once her mental examination rendered her incompetent to stand trial and her medical examination was over and it was found that she did in fact have her genitalia cut off, the charges could be brought against Todd for that, too.
Keep in mind, the mentally incompetent cannot consent to surgery or to anything else. S & M games are one thing, but Todd cut the poor girl's crotch off. No woman deserves that, SLAVE or otherwise. Shit, that in itself is not according to the U.S. Constitution. You cannot "sign" your constitutional rights away to be mutilated at the whim of another. Ever heard of the Emancipation Proclamation? Yep, Abraham Lincoln signed it! It is still in effect.
As far as the S & M community go, when is consent withdrawn, or at what point abuse, rape or assualt and battery occurs, is not a one-sided thing and once it becomes known it is prosecutable whether reported or not. A person judged incompetent is incapable of legally giving consent.
Once this hits the law books as a precident the websites with the girls with the brusied asses and the S & M abuse of the women will be next. Nevada and California are going to need a lot of new prison space. You know that these gals are getting big Meth money allowing their bodies to be abused for the sake of us Internet perverts. Or, perhaps no money at all, just Meth.
Regarding Todd, just research your rape laws in California, and you will see what I mean. But keep in mind, these charges against Todd are federal. The State of California must get in line for Todd. Yes, Todd raped Robyn. Todd might as well went out and tied down a woman that he took out on a date date and cut her genitalia off as far as the court is concerned. Why do you think that he has not been able to make bail?
So, as far as Robyn "Consenting" to have her genitalia mutilated, that is most likely just not the case now from a legal standpoint. Even in spousal abuse cases the laws are written so that the victim no longer has to testify.
Yes, that is how the law, medicine and society will classify it, with Robyn being mentally incompetent and physically abused in a relationship. Any "agreement" that she signed to allow herself to be treated in that manner will not stand muster in a court of law and I would suspect that charges against Todd for mutilating Robyn's genitalia are either filed or are pending. God knows how the prosecutor will file them. One thing is for sure, it is going to be some heavy, heavy duty shit.
Let me put this in perspective for you.
What would happen if you had a relationship with a mentally handicapped person, a Dustin Hoffman - RAINMAN type and then castrated him or perhaps nullifed him in an act of "love" and then posted pictures of yourself doing it on the internet?
Repeat this to yourself. "I WOULD BE FUCKED OVER BIG TIME!"
Now, believe it!
Furthermore, Todd posting the pictures on the internet of himself performing the act was the final nail in the "airtight" case against him. That posting was public domain on Yahoo. It is STILL POSTED! No search and siezure Constitutional rights will bear in that evidence. Those tattoos on Todds arms are as good as a full size picture of his face while doing the act. Furthermore, he cuts that poor thing's clitoris and labia minora of and then places parts of it on her tongue, which is not going to play well with either a judge OR jury. So, man, stick a fork in his ass, because he is DONE!
Even if Robyn did have an orgasm during the ordeal, (which I seriously doubt), her hands were clearly restrained in the pictures. Once the cutting started, what choice did she have? I am not sure that kidnapping charges will stand, but do not be suprised at how bad this gets, because this is way, way over the top. Kidnapping is still, technically, a capital offense. Life in prison for those who are convicted is common, especially if bodily harm is involved. Get my drift, here? Much would depend on if the police investigation revealed that Robyn had prior treatment for mental problems. If this is the case the government's case against Todd gets expotentially stronger.
So, Macie - da - wolfie, plan on writing Todd lots of letters as he does his time. He is going to be getting a lot of it, I suspect. Send him some money occasionally because he will need personal items. He may be out in twenty years or so, but don't bet on it.
Also, if you care for him, please advise him to get into protective management on the first day that he hits the correctional facility, because as soon as the other inmates find out what he done or has been doing, he will never be safe in the general inmate population.
His best bet is to go for an insanity defense. I doubt if it will work, now, though. If it would it is perhaps the only way that he will be able to avoid serious prison time.
I know that this may be the pot calling the kettle black, but Todd is deeply disturbed.
A-1
A-1