Muslim Migrant Claims Sex With a Dead Girl
Not An Assault, Says Conviction Should Be Dropped
An illegal migrant who was convicted
in Wisconsin of sexually molesting the body of a dead girl is seeking to
have his conviction on sexual violence charges overturned, by claiming that a
dead body can’t be sexually assaulted because it cannot be forced or coerced
into a sex act.
The vibrantly
diverse migrant, Eusebio Varible-Gaspar, was convicted in Wisconsin of a
violent sexual act as well as entering the country illegally, and was given a
57-month sentence.
His lawyers have
now filed a motion to have the conviction reversed because, they say, a corpse
can’t be raped or sexually abused.
The trial court
disagreed with that claim and held that Varible-Gaspar committed an act of
sexual violence by having sex with the dead body.
It is this
decision that Varible-Gaspar wants to have appealed, so on January 15 he filed this claim:
Varible-Gaspar
argues that the district court erred in applying the 16-level enhancement for a
crime of violence… He contends that his Wisconsin conviction for first degree
sexual assault of a child does not qualify as a crime of violence or as an
aggravated felony… because the offense does not fall within the generic,
contemporary meaning of sexual abuse of a minor. Varible-Gaspar asserts that an
individual may be guilty of the Wisconsin offense if the offender had sexual
contact or sexual intercourse with a corpse. For the first time on appeal,
Varible-Gaspar argues that the conviction does not qualify as a forcible sex
offense because a corpse cannot be forced or coerced into sex.
Oddly, as the
Center for Immigration Studies notes, this isn’t the only case where migrants
might benefit from someone else being dead.
Obama’s DHS is seeking a change in rules
that would aid illegals entering the country to have their status legalized if
their return “would have” harmed someone they left behind–even if that someone
is already dead.
As CIS
puts it, with “a proposed set of DHS regulations,
the government is taking the position that an otherwise illegal alien can
successfully secure a waiver of his illegal status if his deportation would
have caused an extreme hardship to a citizen (a one-time spouse)–even in cases
where the citizen involved is dead.”
Related Posts:
http://puricarefiles.blogspot.com/2016/08/terrorist-women-in-will-have-man-with.html
Follow Warner Todd Huston on Twitter @warnerthuston or email the author at igcolonel@hotmail.com
http://www.breitbart.com/big-government/2016/01/20/illegal-claims-having-sex-with-a-dead-girl-isnt-a-crime-wants-to-be-released/?utm_source=facebook&utm_medium=social
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