UMD Libertarians

and surprise surprise its a Republican who was for tougher sex offender laws
By Tony Messenger
POST-DISPATCH JEFFERSON CITY BUREAU
08/06/2008

Copyright 2008, St. Louis Post-Dispatch

JEFFERSON CITY — Missouri state Rep. Scott Muschany, R-Frontenac, was indicted today in connection with a reported sexual assault of a 14-year-old girl on May 17, the day after this year’s Legislative session ended.

The alleged victim is the daughter of a state employee. The girl’s mother and Muschany - who is married and has two children — were romantically involved, the woman said.

A Cole County grand jury returned an indictment today charging Muschany with the Class C felony of “deviate sexual assault.” The indictment identifies the victim only by initials. It says that on May 17, Muschany “had deviate sexual intercourse” with the girl, “knowing that he did so without” her consent.

Muschany, 42, was booked into the Cole County Jail today at 2:50 and he was released after posting a $5,000 bond. If convicted, Muschany faces a fine of up to $5,000 and a prison term of up to 7 years.

Muschany surprised many in political circles by announcing in late May that he was not running again this November. At the time he said he wanted to spend more time with his family.

The investigation into the reported assault of the girl was spurred by a call to the state’s child abuse hotline, according to a May 27 Jefferson City police report. An investigator for the state Children’s Services department alerted the police department to a possible case of second-degree child molestation, the report says.

The three-page report, which includes no names of suspects or victims, says alcohol was a factor.

Muschany’s attorney, Robert Haar of the St. Louis firm Haar and Woods, told the Post-Dispatch today that “the allegations are false and we believe the jury will conclude they are false.”

Muschany could not immediately be reached for comment today. He has turned down several interview requests over the past two months.

On June 2, a reporter asked if he wanted to hear details in the police report. Muschany said: “I’m not interested in any details. That’s just crazy.” The next day, Muschany told the Post-Dispatch, “There is no investigation.” He did not return subsequent phone calls.

On June 17, reached in person at his home, he declined to answer questions and threatened to call police if a reporter didn’t leave his property. He has since refused to return repeated messages left on his cell phone.

The girl’s mother, who owns the house listed on the police report, declined further comment.

Last Friday, the father of the girl filed a motion for temporary child custody in Cole County Circuit Court. In the filing he argued that the mother’s “believed paramour was believed/alleged to have had inappropriate sexual contact with one of the minor children.”

The document also alleges that the mother “did admit that the incident did take place, including her witnessing same.”

Cole County Prosecuting Attorney Mark Richardson could not be reached for comment. He had previously declined to discuss the investigation into the alleged sexual assault.

Jefferson City Police Chief Roger Schroeder said that a narrative connected to the police report describes the details of the alleged assault, but that it was part of the investigative file and would be kept secret for now.

Neither police nor Cole County prosecutors would say whether Muschany has been questioned in the case. Police Capt. Mike Smith said in June that police had completed their investigation and turned the case file over to the Cole County prosecuting attorney.

The girl’s father told the Post-Dispatch that his daughter told a sibling about the alleged assault a few days after it happened, and the sibling told the father on May 26, the father said. He called the child abuse hotline the next day.

“I believe what my daughter told me,” the father said.

The girl’s 17-year-old brother told the Post-Dispatch his mother told him she has known Muschany for about two years and that they had been seeing each other romantically for about a year. The woman is a former House employee who now works in a different department in state government.

The Post-Dispatch is not identifying the girl because of the nature of the allegation. The newspaper is also withholding the names of her mother, father and brother, who share the girl’s last name. All three family members spoke to the Post-Dispatch without promises of anonymity.

On May 20, three days after the General Assembly finished its 2008 session, Muschany announced he was ending his reelection bid, saying he wanted to spend more time with his family. At the time, Muschany said it was a decision he and his wife had made in early January, but he kept it from his colleagues so he wouldn’t be a “lame duck” during the session.

Muschany has been seen by some as a rising star in the conservative wing of the Republican Party. He ran for majority floor leader in the House last year, but lost to state Rep. Steve Tilley, R-Perryville.

The owner and founder of engineering firm Trileaf Corporation, Muschany and his wife were licensed as foster parents with the Division of Family Services, according to his legislative biography.

In 2006, Muschany was a co-sponsor of legislation that toughened sex offender laws.
how many people have been sent to jail for downloading 1 mp3?
1) innocent until proved guilty

2) see #1

I don’t see that it says how old she was at the time of the “assault”?

thats just an example, I’m more talking about the law on the books that molesting a 14 year old can get you 7 years and a $5K fine, but downloading an mp3 can get you 10 years + $250K fine

have you wrote your congressmen about it?

If i dont agree with laws, i write letters…i write alot of letters. May not do alot of good some times, but thats all i can do…and vote.

We keep electing the same people that keep these same bullshit laws going. Apparently thats what people want.

I see your point, its disgusting how the laws work in that respect, and I dont think you are going to get much disagreement.

No, what people want is to live their lives how they do without being bothered by politics. If something directly affects them, they might feel like it’s worth it to write a letter - which is why congress usually only passes laws that affect small groups of people.
If something doesn’t directly affect a person, then them writing a letter is taking time out of their day to bother with politics. Whether or not they disagree with the law, they won’t do a damned thing because it doesn’t affect them.

The change needs to start at the top with different mindset to being in office. It will never change on a voter level.
So can we all agree that bonking a 14 year old is all fine and good?

WTF does this even mean?

“Well, you see, at the time of the sex act in question she was 18 years old. Now, I understand that NOW she is only 14. But you have to understand, this isn’t about how old she is now, but how old she was then. I can’t be held responsible if she grows younger as she gets older.
My lawyer will now be taking questions.”
The MP3 sentence is the one that needs to be changed.

“was indicted today in connection with a reported sexual assault of a 14-year-old girl on May 17″ means she was 14 on May 17th, 2008

What does it matter how old she was at the time of the assault?

Let’s say the assault happened when she was 14, which is how old she is now, isn’t sexually assaulting a 14 still wrong/immoral/illegal?

None of that matters though because he hasn’t been convicted yet.

Innocent until proven guilty FTW

Priorities, priorities. Doing the bidding of a multimillion dollar industry >>>>>>>>> keeping a 14-year-old girl from being taken advantage of.

downloading one mp3 can’t get you 10 years *OR* a $250k fine.

Thank god someone finally said it.

Where the hell did you get those figures from?

Last I heard, the companies were trying to sue for ~$100 per song. So if my collection was 4000 songs… that’s $400k of fines… still a crazy and disproportionate amount… bu I’m fairly sure that $250k a song was pulled out of your ass.

And having a marijuana plant can get you 10 years + $500k for a second offense.

yay government

let’s put them in charge of MORE shit

Ah, I missed it. It’s what I get for trying to do real work when I’m on OT.

Yea, I missed the age. But it does matter if she were 17 vs 12, and I think most healthy non-child-raping-bastards on OT would agree there’s a difference there.

Is it wrong or immoral? Yea, but only until the majority of society says it’s not.

I was referring to an actual case. The text of the legislation says (from the Summary provided by the US Copyright Office):

Under section 1204 penalties range up to a $500,000 fine or up to five years imprisonment for a first offense, and up to a $1,000,000 fine or up to 10 years imprisonment for subsequent offenses.

please refer to the actual case where someone downloaded one mp3 and got a $100k fine

or are you referring to the maximum possible sentence?

Go find it.

so it didn’t happen?

As far as I know, it did. I read about it online (couple other details: it happened in the United States; it was actually many songs, but one mp3, a concert; this was the individual’s second violation, and the previous violation had been for commercial purposes). I just don’t remember where I read it, and citing it for you is inconsequential. If you give a shit, do yourself a favor and look it up yourself.

and the details (if you can call them that) begin to change

I didn’t start the thread. Sorry that the thread starter said “1 song” instead of “1 mp3.”

not what I’m talking about.
Rape a 14 year old girl? 7 years + $5,000 fine - Download 1 song? (5 years || $250,000) for first offense, AND (10 years || $500,000) for subsequent offenses.

Look at how much 7960 SHATTERED the point there.

you’re comparing two different things.

so i’ll ask again, who has gotten (5 years || $250,000) for first offense, AND (10 years || $500,000) for downloading music?

John Doe.

and this Mr. Doe was sentenced to (5 years || $250,000) for first offense, AND (10 years || $500,000)?

you’re smarter than this.
Dumpy woke up on the wrong side of the bed this morning.

As far as I know, it did. I read about it online (couple other details: it happened in the United States; it was actually many songs, but one mp3, a concert; this was the individual’s second violation, and the previous violation had been for commercial purposes). I just don’t remember where I read it, and citing it for you is inconsequential. If you give a shit, do yourself a favor and look it up yourself.

and the details (if you can call them that) begin to change

Yeah you’re right bro. I was just making shit up. I feel better having come clean to you. Forgive me?

you’re talking about two differnet things…. the sentence someone GOT for one crime versus the maximum penalty possible for another.

so let’s compare same/same. the max penalty for downloading a song is (5 years || $250,000) for first offense, AND (10 years || $500,000) and the max penalty for rape is life in prison. I’d say life in prison is worse.

Well, how many 14 year olds employ lobbyists?

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