This has been on my desk and at the forefront of thought since September 16, 2016 when it was signed into law. No MSM coverage, no justification or discussion by any talking head. It’s time we have this VERY difficult conversation.
How does what France and other European countries and their changes to “minimum age” for marriage tie into our legislation? In September of 2016, Anthony Weiner, husband of Huma Abedin who is Hillary Clinton’s right hand person and a frequenter of the White House and tight with the previous administration’s circle was arrested for “sexting” with a minor. Coincidentally, a very descriptive, detailed piece of legislation was passed on September 16, 2016. Flew undetected under the radar.
This piece of legislation is VERY disturbing and it’s contents are very telling. At face value you see the following words repeated excessively:
- Penis: 42 times
- Vulva: 83 times
- Anus: 123 times
- Penetration: 59 times
- Child/Children: 129 times
- Arouse: 86 times
This piece of legislation also defines terms of sexual crimes not only against children but bestiality describing them in detail such as :
It is unnatural carnal copulation for a person to take into that person’s mouth or anus the sexual organ of another person or of an animal; or to place that person’s sexual organ in the mouth or anus of another person or of an animal; or to have carnal copulation in any opening of the body, except the sexual parts, with another person; or to have carnal copulation with an animalEO 13740
An Executive Order’s purpose is to bypass Congress and is defined as a directive issued by the President of the United States that manages operations of the federal government and has the force of law. Firstly, the language and descriptive nature, the detail and into each “offense” is alarming. Shouldn’t it just be ANY SEXUAL IN NATURE CRIME AGAINST A CHILD. In what universe are there exceptions?
Why amend the UCMJ with an Executive Order, when you are only a few months away to signing ?
The Military Justice Act of 2016 was signed into legislation on December 23, 2016. In fact, that piece of legislation that went through Congress and identified issues it needed to be addressed, and was created to narrowly determine the particulars of Article 120b (Rape and sexual assault of a child) to conform to the definition as in 18 U.S.C. § 2246(2)(A)-(C). Apparently, the current definition of “sexual act” under Article 120b is both overly broad (it captured non-sexual acts) and unduly narrow (it did not include all of the prohibited acts involving children listed in 18 U.S.C. § 2246(2)(D)).
An Executive Order is done to BYPASS Congress, so the question is: What was Obama trying to INSERT into law?
“Legalese” is difficult, onerous to the layman and confusing but three things POP out in this Executive Order that seem VERY peculiar and VERY alarming .Redefining that a child is considered 12-16, introducing defenses for the accused of sexual and lewd acts against a child and the age 12 is very specific on the cusp of puberty blurring the lines of age groups.
Allow me to demonstrate changes to MCM’s (Manual Court Martial) Rules of Court Martial (RCM) and it’s Articles, highlighting the subtle changes to allow you to see how a well planned strategy is observed.
In legal documents, one addition or omission can change the whole definition.
1994-2001 Former President Bill Clinton
Under the direction of Former Impeached President Bill Clinton we see many changes in the laws of the UCMJ and how it handles Rape of a Child. The laws have evolved and depict a “tolerance” and slowly redefining the “consensual” age nearing that of a prepubescent child.
This was the inherited MCM from Reagan. Evidently Rape consisted of three subsections and as you see below Article 120 (b)(b) has been omitted in 1995 because, rape as we know, requires consent and women can still be raped even when married. Though, under Article 120A(b) a child was referred to only female and there was no protection over young boys. In addition RCM (Rules of Court Martial) excluded any consideration of defense when it came to minors referencing RCM 916(j) to use ignorance or mistake of facts as an excuse for committing a crime as such. i.e. not knowing their age in both the 1994 and 1995 version as seen below.
In 1998 under the authority of former President Bill Clinton, the Article on Rape and Carnal Knowledge changed. Notably, Article 120(a)(b) was expanded and changed to read any person rather than female and creating two new categories of victims: Article 120(a)(b)(1) person other than spouse (not determining gender) and Article 120(a)(b)(2) A minor/child under the age of 16. Also, Article 120(a)(d) was added which elaborated defense in the case of Article 120(a)(b) prosecution Article 120(a)(d) (1)(A) says that if the victim was at least 12 that is a defense, Article 120(a)(d) (1)(B) If the person believed the victim was 16 years old and Article 120(a)(d)(2) Burden of proof is on the accused.
A noticeable shift in defining a victim of child rape is observed. Such a victim is under the age of 16 but older than 12. A defense was introduced, and still exists. Apparently, as long as the perpetrator thought the victim was 16 years old and the victim was at least 12 years old, they can claim “mistake”.
This monumental change by impeached President Clinton is astounding. Article 120(1)(c)(2) and the discussion section were actually placed as a part of the law governing such actions, making it evident that if the victim looked 16, or if the accused can prove they really thought the child was 16 and the child is at least actually 12 years of age, then it would be an acceptable defense and specifically referring only to traditional intercourse with a child.
The defense of Mistake changed (RCM 916(j)), and as you will see, always coupled with Article 120 changes, showing a joint effort to create the law and remedy (loopholes) in tangent. There are many more articles and RCMs effected but these are most prominent and “synchronized” pairings.In this case, they reinforce that the actual age of the victim must be at least 12 in order for one to believe the victim is 16. The discussion portion at this point successfully points out that such a defense cannot be used when it comes to victims under the age of 12. Notably, the defense of Ignorance or Mistake of Fact has two subsections now. RCM 916(j)(1) General and RCM 916(j)(2) Carnal Knowledge
2001-2008 Former President George Bush Jr.
We observe that Article 120(b)(2)(c) has been expanded with two subsections in contrast to previous years. Specifically it expands and further defines Carnal Knowledge into two parts which carry different recommended sentences. Instead of reading, ” That at the time of the sexual intercourse the person was under 16 years of age”, it reads that the sexual intercourse happened when the victim was under the age of 12, or that the victim was 12 or older but under 16!
Subtle purposeful shifts to define minors into two categories – preadolescence and adolescence. The later blurring the lines of preadolescence may also be defined as the period from 9 to 14 years.
This change by Bush 43, aligned RCM 916(j)(2) more with the Article 120.
It wasn’t until 2007 in which Bush 43 changed RCM 916 and Article 120 extensively by way of Executive Order 13447 signed into law September 2007, before he handed the reigns over to Former President Barack Hussein Obama. He expanded it and re-titled the Article from Article 120- Rape and Carnal Knowledge to Article 120—Rape, sexual assault, and other sexual misconduct.
It was expanded to the point that the Text of the statute Article 120(a)-(d) were now spanning 5 pages worth of text with specified verbiage and predicaments – thus I will focus on what I like to call Creeping Sharia.
His expansion, not only redefined the lines of preadolescent and adolescent victims but also set the foundations for MCM 2008 to allow preadolescent (and younger) intercourse for those that subscribe to a religion or other foreign authority that allows it.
Bush 43’s EO even amended the defense for “mistake RCM 916 as follows :
There is more — Bush 43 ensured to have more defenses available and specified to sexual crimes against children.
In both the 2008 MCM and 2012 MCM we see the title of RCM 916(j) with a new name:Ignorance or Mistake of Fact and coupled with the RCM 916(b)
Bush 43’s most troubling changes is that he added RCM916(b) Burden of Proof section rewrite which pretty much further substantiates the notion of further defense for child sexual abuse reinforcing the ability for the accused to prove they didn’t know the child was under 16 if the child had in fact had the age of 12 or above.
Recently, headlines like the one below are everywhere. Every single European State is contesting their courts for lowering the age of consent in the name of RELIGION and allowing children to be raped and married off before they even reach puberty. This is creeping Sharia being implemented in the name of tolerance.
FRANCE is considering a change to the laws surrounding sexual consent after two men were acquitted of raping two 11 year old girls.The Sun
Obama’s MCM 2012 , 3 EOs and his last EO (coincidentally around the time of Anthony Weiner’s arrest) was the biggest and most sinister leap into Sharia creeping into our country.
Firstly, Obama reinforced the notion of Burden of Proof as it comes to insanity by noting that in the case of debating if one is of sound mind, the burden relies on the accused (??). How is that possible? If someone has enough money they can have 10 top physicians write letters on their behalf and diagnose. Besides, isn’t the going theme that Pedophilia is a mental disorder, thus under such rules, a pedophile has a solid defense!
RCM 916 was changed in many areas undoing a lot of what Bush 43 did, streamlining, generalizing and reinforcing some very troubling notions. The MCM 2012 is concerning on as to how expanded it is and how it specifically states that the statute ONLY applies to crimes after 28 June 2012. Focusing on defense for sexual abuse/rape of a child.
Is this why Creepy Joe Biden keeps asking little kids if they are 17? Is their humorous yes considered the basis for the “Mistake Defense”?
In this clip, Senator Cantwell introduces former VP Biden to her nieces, who all look visibly uncomfortable in his presence. The former Vice President then says “it’s ripe” while whisper-speaking with Cantwell’s young nieces. What on earth does he mean by that? pic.twitter.com/EGqYx8SG1a— Richard Armande Mills (RAM) (@RAMRANTS) November 15, 2017
Obama’s MCM 2012 converted Article 120 into Article 120a, Article 120b and Article 120c. Article 120b has 3 large subsections with a barrage of smaller subsections all relating to minors specifying and reinforcing the notion that sexual and lewd acts with minors between the ages of 12-16 may have a defense but ENSURES that such acts against a child under the age of 12 are justified due to MARRIAGE as long as you can prove you are married. Eerily, most crimes stated specifically apply to children 12-16 which makes you wonder what about children under 12?
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One may think that the expanded defense of marriage (above) is suffice to argue that the child is not able to render decisions and or consent to such actions thus nullifying. Though, recently in Michigan, the same argument was made against the doctors who were charged with the crime of Female Genital Mutilation (FGM) procedures to minors. The federal judge threw it out since FGM does not have the intent to humiliate. In turn, under Sharia Law consent is implied by way of marriage and the parent agreeing to marriage on behalf of the child is implied consent of the child according to Islam. Obama’s word choice established such an avenue in the case of child marriage (regardless of age infant-18) by simply adding a specific section to Article 120b with his Executive Order on September 16, 2016. (The same applies for a child 12-16 as in previous version, this is a change Obama made.)
Obama also amended the RCM and Articles with respects to sexual an lewd acts against children 5 times throughout his presidency with 4 EOs and direct changes in 2012. That’s excessive and makes one wonder why such fixation on the topic of children and sex?
Normalizing Child Sex and Bestiality
It’s quite sinister how through three administrations we see a trend of very blurring and almost eradicating laws protecting children by defining non-traditional age ranges, determining ages 16 or younger victims of statutory rape (when states have 17), and this peculiar age of 12. Personally, the most alarming to me is in Obama’s EO that keeps stating that the laws apply only to children ages 12-16, allowing one to safely speculate that the laws are not applicable to children under 12!
Carnal Knowledge was firstly defined as having sexual intercourse with a child under the age of 16, who is not the accused’s lawful spouse and under circumstances not amounting to rape. It is commonly referred to as “statutory rape”. As a matter of law, a child under the age of 16 is deemed incapable of giving valid consent, so consent is not an issue. As in rape, any penetration, however slight, is sufficient to complete the offense. In 1996, Congress amended the UCMJ to make carnal knowledge gender neutral.
Notably, prior to 1996, there was absolutely no way to defend yourself in court , to substantiate or excuse WHY you had sex with a minor. It was a strict liability crime. The child’s age or what you thought the child’s age was had no merit. Thus, even if a child claimed to be 16, you were still prosecuted- NO EXCUSES. Why did that change? I would love to see that come back as law.
It was impeached Clinton who put forward the 1996 amendment which created the defense of “Mistake of Fact” for child rape. It is a defense if: a) the victim was at least 12 years old, and, b) the accused reasonably believed that the victim at the time of the offense had attained the age of sixteen. Most notable, is that the ACCUSED has the burden of proving this defense by a preponderance of the evidence.
The MCM 2016 , with all of Obama’s EO parts included, formulated one of the most sinister pieces of legislation to date. Aside from his EO’s vulgar and descriptive nature you can clearly see from the example below how important wording is. Words, are important in legal jargon because they can subtly introduce defenses and exemptions. Below is a great example of something very peculiar Obama added to the UCMJ via his Executive Order on September 16, 2016.
In summary, according to President Obama Child Sexual and Lewd Acts are legal if they are married and marriage under Islam implies consent according to Sharia. As per the example above having sex with an animal is legal as long as you are doing it through sexual parts (vulva-penis), traditional methods-everything else is punishable. As you can see, a defense is introduced by way of redefining unlawful force. In the case of bestiality: Legal justification or excuse? Religion maybe? Identifying as an animal? According to the law Obama penned, they are acceptable defenses.
Personally, I am surprised this went unreported and didn’t get scrutinized by our senate, congress, journalists and legal experts.
From the solid stance President Trump has taken relating to sex crimes and children I expected him to fix this and his EO amending MCM 2018 is doing just that.
President Trump corrected course on defining a child
One of the most under-reported achievements of President Trump has been his fight against child abuse, child/human trafficking and sex crimes against children. His administration to date, has arrested more child traffickers and saved more children than the previous 4 administrations put together in under 20 months.
As a strong advocate for sex crime victims, I’ve been closely following the pedophile arrests since Trump took office. There have been a staggering 1,500-plus arrests in one short month; compare that to less than 400 sex trafficking-related arrests in 2014 according to the FBI. It’s been clear to me for awhile that Trump would make human trafficking a top priority. On October 8, 2012, Trump tweeted: “Got to do something about these missing children grabbed by the perverts. Too many incidents – fast trial, death penalty.”Liz Crokin – Townhall
I am anticipating what the new year brings. I hope to see those in elected offices and positions of power- that commit such horrific crimes against children being held accountable and finally seeing an end to this sinister “insurance policy”. President Trump’s March 2018 Executive Order “2018 Amendments to the Manual for Courts-Martial” is a giant leap in the right direction to end this.