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I think it is pretty safe to say that if you find both a roll of duct tape and a condom in some guy's car, there is a pretty good chance he intended to hurt someone.
I think it is pretty safe to say that if you find both a roll of duct tape and a condom in some guy's car, there is a pretty good chance he intended to hurt someone.
Not to mention he is 26 going to meet a 15 year -old.
I have wire-cutters, that doesn't make me a shoplifter. I agree that having a roll of duct tape is innocent in itself, however, it's the "intent" that sometimes makes all the difference, i.e., shop-lifting case (or suspect) with wire-cutters.
Human trafficking, sex trafficking, child prostitution, etc., is real, so there is a spectre of doubt the duct tape was happenstance, and this was just some 23yr old illegal alien wanting to commit statutory rape with a 15yr old girl.
We don't have enough facts regarding intent.
You know, intent is a word I hear thrown around a lot these days. I am sorry, but when they began attaching the words "intent to" onto crimes they made a grievous error. The police cannot read minds, thus they cannot truly know a person's intent. For example, possession with intent to sell marijuana. There is no way they can actually know that! I don't care if you have 50 dimes you still can't prove without a reasonable doubt that guy was planning to sell it. Maybe he's just very thrifty! My point is the word "intent" has enabled police to charge you with crimes you didn't even commit. And as far as the duct tape goes, yes, I believe I have a roll in my car right now. It is a very handy item to have around. I also keep a roll in my emergency supply box. That roll of duct tape proves nothing. And sorry, but most men have at one time or another carried a condom in our wallets. It is a common practice, especially in this day and age when sex is offered so freely but also can come with dire prices. But, let me also say this! That man had no business at the other man's home to meet that young girl. But he did not commit a crime other than driving with no license, trespassing, and possibly being an illegal(that wasn't mentioned so I don't know) Sure, you may say he should be strung up for what we think he went there to do. But I am sorry I do not think a person should be charged with any crime that cannot be proven. And there is no way to truly determine what a person was thinking.
PS I will say that there may be exceptions here and there. If that man had come to the door with a mini rape kit and some alcohol, I believe you can definitely prove his intent from the evidence at hand. But that is because there is evidence other than a psychic reading. Just like anything in this world, there are exceptions. But as a general rule, intent as a charge should be used very sparingly. At least, until we learn to use the other 95% of our brain.
PSS I have a daughter of my own, and had it been me I would have responded in the same manner as the father. Evidence or not, you have the right to defend your family from a POSSIBLE predator. But you know what, had that family kept a tighter leash on the girl's internet usage this probably could have been totally avoided. Does anyone know if the girl presented herself as a 15 year old. Because I know for a fact a lot of these girls on the web will lie,lie,lie! The guys too, not trying to sound sexist! Just saying, its not always as cut and dry as they want to make it out to be. Who's to say that guy wouldn't have left had he found out her real age. This is my point. You can not know a person's intent. It is nearly impossible unless there is irrefutable physical evidence on scene to support the intent claim. Simply reading minds just doesn't cut it.
I think it is pretty safe to say that if you find both a roll of duct tape and a condom in some guy's car, there is a pretty good chance he intended to hurt someone.
Oh yes, because most rapists are kind enough to use a condom after they tie you up! I am a married father of two and I have duct tape in my car. I don't have a condom right now, because for the last 10 years I have had no need of one being in a monogamous relationship. But if I was single I would probably have a condom on me, and my trusty duct tape. So I better hope you aren't the cop that searches my car right, because I will automatically be a rapist.
You can not know a person's intent. It is nearly impossible unless there is irrefutable physical evidence on scene to support the intent claim.
I agree entirely about the inherent dangers of presumption. Pretty sure I said . .
Quote:
We don't have enough facts regarding intent.
We could change the timeline and see what would've happened had the father not intercepted. The facts as presented are :
* he was an illegal alien
* he lived in a trailer park
* he was 26, she was 15
* he was dressed in typical gangstah rap punk
* at first, he lied about his name to officer
* reportedly, girl knew him by the false name
* at first, he said he did not have his drivers license with him (false)
* he had a condom in his wallet
* he had duct tape in his car
* officer comment : “I asked Garcia what he intended to do when he met the girl and he advised that they were just going to talk."
So there it is, intent, they were just going to talk.
My two cents, Duct Tape in car is NOT unusual in and of itself. I and three friends of mine have it in our trunk. One friend of mine (I am not making this up) has Duct tape, band aids, fishing line, Needle, Thread and several dozen other things in a small box he carries in his back pack every where he goes. We kid him about this, but the reality is at least once a month one of us will ask him for an item and he will have it. He is/was an Eagle Scout and in his 30's.
It all depends on where he had it in my book. Under the front set of his car next to the condoms. Now that's suspicious. In the trunk of his car with the jumper cables and a wrench. Not suspicious, Unless there’s ball gag with it
I carry duct tape in both of my cars so if I have a problem with my mountain bike, motorcycle, surf board, etc.. I can fix it.
But yeah I agree if it was right next to the condoms, that would be a little suspicious.
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