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Alabama state trooper pleads down to 6 months in jail for raping a car crash victim
Walter Einenkel
Samuel McHenry was an Alabama state trooper. Back in December, McHenry responded to a call that there had been a car accident along Interstate 65. After McHenry arrived on the scene, things went from bad to absolutely heinous.
The victim says McHenry handcuffed her and placed her in the back of his cruiser after finding pill bottles and an empty nasal spray bottle in her car.McHenry then allegedly drove his cruiser to exit 107 in Butler County and told the victim she was going to have to "F--- me or go to jail," the arrest warrant states.The victim claimed McHenry got out of his cruiser, pulled his pants down and had intercourse with her. She also claims the trooper forced her to perform oral sex on him.
After, McHenry allegedly drove the victim and left her at a closed store off the highway. McHenry was fired from his police department and charged with first-degree rape and first-degree sodomy. The 36-year-old rapist cut a plea deal.
Felony charges of rape and sodomy against Samuel McHenry II were dismissed as part of a plea agreement he filed in Butler County District Court in Greenville.McHenry’s Alabama Peace Officers’ Standards and Training Commission certification will be revoked and he’ll have to register as a sex offender, according to the plea agreement.
McHenry paid court fees which amounted to a few hundred dollars restitution.
“Both sides have to agree to it, so in that sense there was that discussion about is this acceptable to both sides,” said James Williamson, one of the attorneys who represented McHenry.
But while he must register as a sex offender and won’t be allowed in a law enforcement uniform, his sentence leaves so much to be desired it is infuriating.
McHenry will also be permitted to serve his sentence “in increments at his own discretion,” WSFA reported. The 182 days must be served within the next year.
McHenry’s attorney’s fought to block prosecutors’ ability to obtain saliva samples in the case but there was other forensic evidence on the table.
Court documents filed Wednesday said the victim was examined Dec. 7 at a hospital and a rape kit was obtained. Prosecutors said they want McHenry to provide a saliva sample, and samples taken from his patrol vehicle tested positive for the presence of semen.
This is Section 13A-6-65, Sexual Misconduct, according to Alabama state law.
(a) A person commits the crime of sexual misconduct if:(1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or(2) Being a female, she engages in sexual intercourse with a male without his consent; or(3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.(b) Sexual misconduct is a Class A misdemeanor.
I would appreciate it if someone can explain to me the fundamental difference from what is written here and rape and more serious “versions” of rape. Is Section 13A-6-65 just in the books for plea deals?
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