Insufficient evidence of kidnapping for rape. Weakest. Kidnap. Ever.

15 Nov

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Wow.  This dude got an LWOP enhancement for kidnapping for rape? REALLY?! What was the “kidnap”?  Moving CW from one room in the apartment to another and he committed the crimes against her in both rooms anyway.  Where is the substantial distance? Where is the prospect of increased harm?  Glad the COA reversed.  Glad this is published.

One Response to “Insufficient evidence of kidnapping for rape. Weakest. Kidnap. Ever.”

  1. Paul Upton November 15, 2016 at 12:52 pm #

    This type of movement related to kidnapping for rape or robbery are often referred to as “interior movements”. There is a heightened sense of danger when a person is moved from the pubic view. I assume the court found that the victim had not been placed in a position of greater harm by merely moving her from one room to another. But, generally speaking, the courts have a very low threshold for movement under 209(b)(1) for kidnapping for rape or robbery. The threshold tolerance in a kidnapping for rape is extremely low, lower than for robbery.

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