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Warren Jeffs may be a very bad man, but Utah prosecutors had no business charging him with accessory to rape in the case of a 14-year-old girl whose marriage to a 19-year-old cousin he ordained as leader of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS). In coming to the unanimous decision that the judge’s charges to the jury were erroneous, the court effectively told the state that its “accessory to rape” theory was bogus.
The young husband was himself only charged with rape after he testified on Jeffs’ behalf–and that case has still to be resolved. The object of the exercise was to throw the heaviest book possible at the FLDS leader. During the trial, Jeffs’ attorney declared, “”The state can say Warren Steed Jeffs is on trial, but it’s his…church, his religious beliefs that is on trial here, dressed up as a
crime called rape.” Although the prosecuting attorney angrily denied it at the time, Utah Attorney General Mark L. Shurtleff essentially granted the point yesterday:
I do recognize and respect our judicial process and the Supreme Court’s
responsibility not only for victims of crimes but people accused of
crimes. But I am left scratching my head as to how we can, in the executive
branch of law enforcement, go about protecting children from the actions
of religious leaders like Warren Jeffs.
One way to do so might be to pass a law requiring girls to be married under the age of 18 to appear alone before a judge and testify that they consent to be married of their own free will. In the Jeffs case, the uncontested evidence suggests that the girl would not have so testified. But solving the problem by twisting the criminal law in order to go after religious leaders like Jeffs as such is not how we’re supposed to roll, under the Free Exercise clause of the First Amendment.
posted July 28, 2010 at 11:29 am
That’s why this country still rocks, despite it’s many troubles. Unlike the mullahs of Iran or Mutaween of Saudi Arabia, even the government here has to obey the rule of law.
posted July 28, 2010 at 11:45 am
I understand the legal decision and the pain it caused the judiciary; however, I don’t think the proposed solution would work to protect the children. In the FLDS, virtually none of their “marriages” are legal in the eyes of the law since the majority of them are polygamous. Therefore, there would be no need to go before a judge. Additionally, tho I am sure some fourteen year old girls would be able to resist the social pressure, most would know that to say “no” in a judge’s chambers to the prophet of God’s decision would not only ruin their future life, but the lives of their family members as well.
The essential problem is not underage marriage, or even polygamous marriage, but the power a disturbed, yet charismatic, leader can have over a closed community to both influence their sense of right and wrong and to exercise power over all their life. It’s difficult to picture a legal solution which can directly address that issue without adversely affecting all organized religious life.
Therefore, I think it is more prudent and more effective to continue to address Jeff’s specific transgressions. If he didn’t conspire at marital rape in this case, he certainly did something illegal when he himself married many young girls. Let’s see what Texas can do with that case.
posted July 28, 2010 at 8:30 pm
When you read the books of people who had to hide to leave this Cult, called a Church and listen to their stories it makes a sane person sick. Read Elisa Walls book, Stolen Innocence, and then see what it was like for her and the ones weaker than she who are still there in servitude to these men. Read Church of lies by Flora Jessop and Paul T. Brown, Escape by Carolyn Jessop with Laura Palmer, and the Lost Boys. This so called Prophet should spend years in jail. Our laws should certainly not protect all the crimes that these books, lives of these people, tell of.
posted July 29, 2010 at 4:06 am
I am so tired of reading one sided stories. I found a site with the other side of the story. Only after hearing both sides can any one of us justify our comments and our point of view on a subject. That being said I think there just wierd people with wierd ways. But very much Americans. and the stated should stop making trouble for them.
posted July 29, 2010 at 3:48 pm
The solution is not one at all. This marriage had no legal standing in Utah. Currently marriages of females under I believe 17 in Utah need judicial consent.
This was an illegal marriage, thus the “husband” has been accused of rape.
A legal solution that might work would be passing a law with clearer penalties for pretending to perform marriages involving those under age 18. It is not marriage law that is flawed, but the criminal penalties for sham marriages that is flawed.
posted August 3, 2010 at 10:47 pm
How is Jeff’s rape any worse/better than Roman Polanski’s?
posted September 15, 2010 at 7:34 pm
What a creeper. He looks just like my high school band teacher. Only my band teacher was even creepier.