Somebody get a rope...

[Lord Jim]

'Bastard' Carjackers Ran Down & Murdered 3 Children, Sexually Assaulted Realtor: DA

Three children, all from the same family, were killed when they were hit by the out of control SUV

Tuesday, Jul 29, 2014 • Updated at 12:32 AM EDT

Two "bastards," bent on robbing a realtor, are facing murder charges for carjacking and sexually assaulting the woman before running down a family selling fruit on a Philadelphia sidewalk, city law enforcement officials say. Three children, all siblings, were killed.

Jonathan Rosa, 19, and Cornelius Crawford, 23, face 15 charges each including three counts of 2nd Degree Murder, Carjacking, Kidnapping and Involuntary Deviant Sexual Assault[what the hell is that?]for the alleged Friday morning crime.

Charles Barkley Offers to Pay for Carjacking Funeral

“I want to personally thank Commissioner Ramsey, Captain Clark, all the men and women of the Philadelphia Police Department for their exceptional work in bringing these two bastards to justice," Philadelphia District Attorney Seth Williams said. "All Philadelphians were moved to tears by this crime."

Homicide Capt. James Clark said Crawford and Rosa wanted to commit a robbery when they forced the real estate agent into her white Toyota SUV at gunpoint at 6th and Cumberland Streets around 11 a.m. on Friday. They then took off. Inside the truck, the realtor was sexually assaulted as the suspects sped through the streets of the Tioga section of North Philadelphia.

(Officials have identified the agent, but it is NBC10's policy not to name the victims of sexual assault.)

Then about 10 minutes later, one of the SUV's tires blew, causing vehicle to careen out of control at the busy intersection of Germantown and Allegheny Avenues, Clark said. The vehicle jumped the curb and slammed directly into the family as they stood at their fruit stand.

Joseph Thomas Reed, 10, died on the sidewalk. His sister Keiearra Williams, 15, and brother Terrence Moore, 7, passed away at area hospitals, police said. Their mother, 34-year-old Keisha Williams, suffered severe injuries and remains hospitalized -- unaware her children have died.

A family friend, 65-year-old Thelma Brown, was also hit and broke her ankle, officials said.

The group were selling the fruit to help their church raise money to build a playground at the site where the crash happened.

http://www.nbcphiladelphia.com/news/loc ... 26631.html

[Big RR]

Jim--

§ 3123. Involuntary deviate sexual intercourse.
• (a) Offense defined.–A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant:
• (1) by forcible compulsion;
• (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
• (3) who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;
• (4) where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
• (5) who suffers from a mental disability which renders him or her incapable of consent; or
• (6) (Deleted by amendment).
• (7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.
• (b) Involuntary deviate sexual intercourse with a child.–A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.
• (c) Involuntary deviate sexual intercourse with a child with serious bodily injury.–A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is less than 13 years of age and the
• complainant suffers serious bodily injury in the course of the offense.
• (d) Sentences.–Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:
• (1) Subsection (b) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.
• (2) Subsection (c) shall be sentenced up to a maximum term of life imprisonment.

it seems the "involuntary" nature is that the victim did not or could not consent. I imagine deviate sexual intercourse includes all sexual acts other than vaginal intercourse which would be rape.

[Lord Jim]

Well that's a very poorly and confusingly titled law...(and I'm guessing it must be a pretty old statute, to use an expression like "deviate sexual intercourse")

What the body of that law describes are various forms of sexual assault, and presumably every form of sexual assault is "involuntary" on the part of the victim...

Normally, "involuntary" in the title of a statute refers to the perpetrator (like "Involuntary manslaughter")...

[Big RR]

I think they're using involuntary to contrast with consensual, which could still be deviate sexual intercourse but would not be involuntary. If you look at the items which make it involuntary, I imagine they use this word because it includes the act with persons unable to give consent (kind of like statutory rape). My guess is that in crimes where consent is not a factor (such as manslaughter or murder) involuntary refers to the mind of the perpetrator as this would go to the element of the crime; in crimes (like sexual assault) where the lack of consent is an element, then it goes to the lack of consent.

[Sue U]

Well that's a very poorly and confusingly titled law...(and I'm guessing it must be a pretty old statute, to use an expression like "deviate sexual intercourse")

The statute was drafted in 1995, so yeah, ancient. (Actually, I think it's drafted pretty well, as it very clearly sets out the elements of the offense.) Pennsylvania law distinguishes between sexual assaults based on what conduct occurred, specifically providing:

§ 3101. Definitions.

***
"Deviate sexual intercourse." Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

The specific offenses as categorized under the Commonwealth's law are as follows:

Sec.
3121. Rape.
3122. Statutory rape (Repealed).
3122.1. Statutory sexual assault.
3123. Involuntary deviate sexual intercourse.
3124. Voluntary deviate sexual intercourse (Repealed).
3124.1. Sexual assault.
3124.2. Institutional sexual assault.
3125. Aggravated indecent assault.
3126. Indecent assault.
3127. Indecent exposure.
3128. Spousal sexual assault (Repealed).
3129. Sexual intercourse with animal.
3130. Conduct relating to sex offenders.

See http://law.onecle.com/pennsylvania/crim ... 1.000.html