Chicago Criminal Lawyer Blog
Two people are facing charges related to sexual assault and the concealment of a dead body. Police have charged a 40-year-old man and an 18-year-old girl with aggravated criminal sexual abuse, and manufacturing of child pornography, among other related charges. The 40-year-old man assaulted the teen girl while the 18-year-old videotaped the incident.
Police were called to the scene after an area person called in a body. The girl was pronounced dead at the scene. She was later identified as a girl who had been reported missing.
What Happened?
Police are not talking about the incident other than to name the charges and the two defendants. Neither defendant has been charged with murder, something that could change as more information becomes available. Police appear to be waiting on the results of toxicology reports as no apparent cause of death has yet been identified. Cell Phone data will also figure prominently in the prosecution since the police already have videotape or photos of the girl being raped.
Then the question will become: Where did the girl meet the couple? If she did die of a drug overdose, who gave her the drugs? If the couple met the girl on the side of the road and she overdosed, then the police may never be able to pin the couple with the girl’s death. However, if the girl died as a result of the sexual assault, from drugs given to her by the defendants, or some other combination of malicious acts, the two can be charged under the felony murder rule.
Felony Murder Prosecutions
Felony murder is a controversial rule under the law that is both necessary and abused. If I go into a liquor store, rob the clerk, and then accidentally pull the trigger of the gun, killing the clerk, it does not matter if I did not intend to kill the clerk because I did intend to commit another felony — the armed robbery. So, the malicious intent of the felony act stands in for the intentionality of the homicide. Such prosecutions are beneficial to the whole of society and ensure that the victim is accorded due justice.
On the other hand, Alabama and some other states abuse the felony murder rule. How do they do that? Let’s say that I am a teenager, bored, out late at night in the summer, and trespassing where I should not be. The cops roll by me and the boys, put their sirens up, and yell for us to stop. Instead, we do what any red-blooded American would do and run. The cops respond by firing at us, hitting my pal in the back. Me, and all my other boys are now facing charges for his murder because fleeing police is a felony. No, the law should not be employed like this. Yes, these prosecutions seldom involve white suburban teens.
Talk to a Chicago Criminal Defense Attorney
Accused of a crime? Call the Chicago criminal defense attorney David Freidberg today at (312) 560-7100 and allow us to begin preparing your defense immediately.
