I fail to see how the law was followed here. The female victim was 14. From the original charges it would seem that she was an underage prostitute.
Booher, 59, was charged with one count of especially aggravated sexual exploitation of a minor, one count of solicitation of a minor and three counts of aggravated statutory rape.
He reached a deal with prosecutors and pleaded guilty to two counts of statutory rape.
He is 45 years older than the victim.
From the TN Code:
39-13-506. Statutory rape
(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
(1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or
(2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
(c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.
(d) (1) Mitigated statutory rape is a Class E felony.
(2) Statutory rape is a Class E felony.
(3) Aggravated statutory rape is a Class D felony.
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A Harriman lawyer who paid a 14-year-old girl for sexual encounters he then videotaped walked away from a Loudon County courtroom Tuesday with probation.
Kent Booher, 59, struck a deal to plead guilty to lesser charges of statutory rape. He had been charged with especially aggravated sexual exploitation of a minor, solicitation of a minor and three counts of aggravated statutory rape.
As part of the plea bargain, Booher received a three-year probationary sentence and must be listed on the state’s Sex Offender Registry for 13 years. He will pay no fines but was assessed court costs.
According to channel 10
According to channel 10 (this morning) he still has his license to practice law too.
I just do not get the
I just do not get the prostitution thing, but I darn sure get the underage thing. That is a sure sign of a problem on both participants' part. I would have to send both people to some sort of counseling and would require the adult to at east pay for rescuing the child victim.
And since he videoed the underage prostitute I have to ask what is the difference between that and child pornography?
All those questions...
... including the initial one about not understanding how this is following the law, are questions for the District Attorney General.
I suspect the law was followed in all aspects of this (agreeing with the outcome being a different discussion) sad situation.
Hard to say if it was for the best of all concerned.
RB
This is awful
This 14 year old is a CHILD. I would say that CHILD got taken advantage of! The ADULT in this case is a sorry human being who is suppose to be a lawyer, needs a lot more than counseling. For a man to do this, HE DESERVES NOTHING!!
Who
Who is the Judge in the case?
"Victim"
My guess would be that the "victim" in this case may not have been cooperative in the prosecution of the case. Therefore, while not the best outcome, it may be all that was salvageable from the case. If that is true then the plea deal is certainly better than an outright dismissal or not-guilty verdict. As for his license, I believe that may be a separate issue to be taken up by the Bar Association. However, sadly, I haven't seen that a group of attorneys are ever very hard on one of their own.