Man Accused of Sexually Assaulting Second Mental Health Patient

Full story: WLTX Columbia 32
Deputies say a 31-year-old man is charged after they say he sexually assaulted a 15-year-old mental health patient on two occasions. Full Story
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REAL DEAL

Wilmington, NC

#1 Apr 18, 2007
MAYBE HE CAN LEARN FROM K.G. HINSON HOW TO MAKE A VIOLIN IN PRISON OR EVEN PICK UP SOME WOOD WORKING SKILLS.
what a loser

United States

#2 Apr 18, 2007
For all the people who knew he couldn't have done this well now there's 2 people saying he did it. Amazing that you think you know someone that you don't know at all!
columiba woman

United States

#3 Apr 18, 2007
That is crazy. He should have went to buy a hooker or something. God bless the girl. I hate she had to go through that. Trauma......
columbia girl

Columbia, SC

#4 Apr 18, 2007
I can't believe he would do something like this, I guess you say don't put nothing past nobody.
Lonewolf

Leesville, SC

#6 Apr 18, 2007
He should have never put himself in a position to be alone with a female patient.Either the facility didn't have enough staff or they were really slack in monitoring the patients.
GGG

Irmo, SC

#8 Apr 18, 2007
He has the hots for mentally ill people....lol
Kells

Columbia, SC

#9 Apr 18, 2007
How in the world did he even get a bond for doing something like that. Well they think they set it so high that he can't get out but he ca fool them and do it again.
mrclean

Pawleys Island, SC

#10 Apr 19, 2007
http://www.topix.com/forum/source/wltx/TI5ODA...

Well, now there is a second victim (15 year old female) and a new thread. I suggested all posts move there move over here and continue. The people here can go over there and see what people said before the second victim. I think some who were praying and had faith that he is innocent may now have a different opinion.

To keep his charges in prospective...the first newspaper article used the word "coercion," which is 3rd degree, but according to the the second newspaper article he was charged with 2nd degree criminal sexual conduct with a minor. The word "coercion" is also used in statute 16-3-655(B)

(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense.

However, the word "coercion" in this statute doesn't really mean "coercion" was actually used, only that the person was in a position of authorty over the victim and therefore "coercion" is assumed. This is the statute that is in the gray area as to what the age of consent is in South Carolina. First off, it is in conflict with the SC Constitution which sets it at 14 for females. You can read all about this at the link below.

http://forums.goupstate.com/eve/forums/a/tpc/ ...

The newspaper article said the 2nd victim was "forced" and he was charged with 1st degree criminal sexual conduct.

SECTION 16-3-652. Criminal sexual conduct in the first degree.(1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:(a) The actor uses aggravated force to accomplish sexual battery.

I don't know why they charged him with 1st degree, because 1st degree requires "aggravated force," not just "force." If just "force" was used, the correct charge would be 3rd degree Criminal sexual conduct.

To simplify the charges: The charge with the 14 year old is statutory rape, which means she could not legally give consent uless the actor was "Romeo" or did not know she was 14. The charge with the 15 year old is rape, which means she did not give consent. Since both girls are less than 16, I have no clue why they would charge statutory rape on one and rape on the other. Well, actually I do know why, but I'll let the readers decide.
GEM

Lexington, SC

#11 Apr 19, 2007
I bet his new inmates will be glad to see him. His new nickname is going to be swiss cheese...
STELLA

San Antonio, TX

#12 Apr 19, 2007
DOES THIS SURPRISE ANYONE - RAPE ONCE - IT WILL HAPPEN AGAIN AND AGAIN UNTIL STOPPED - PLEASE PLEASE PLEASE DON'T WASTE TAX PAYERS MONEY ON THIS SLUG - JUST DIG THE HOLE AND COVER IT UP
MJJ

Columbia, SC

#13 Apr 19, 2007
This a sick and disgusting man he should be sentenced to life in prison with out the chance of every getting out.
mrclean

Pawleys Island, SC

#14 Apr 19, 2007
Godbadee

Columbia, SC

#15 Apr 19, 2007
Well lets look at this way..they are only going on hear say from the young women. I have worked in these those types of facilities. All these facilities have something called security cameras to protect the employees and the patients. If they are not placed in every room. they would be placed in areas where you can monitor activity. So I am not going to say he is guilty until I hear that they have him on tape entering those young women rooms and leaving in a timely manner that would permitt him to committ those acts. Again I am speaking from experience. There is a tape and Tape don't lie so until then hush all this nonsense.
So wheres the video evidence all we have is Hear Say..He said She Said..
These young ladies could have both been Bipolar. Look it up. See what type of individual those people are that suffer from this Diagnosis. then come make your judgment. They are very manipulative individuals. no matter the ages..
SQUARE SUPPORT AFAM

Denmark, SC

#17 Apr 19, 2007
I AGREE WITH "THE REAL DEAL" THROUGH EXPERIENCE, FOR THOSE WHO HAVE OR WORK IN RESIDENTIAL FACILITIES KNOW THE COMPROMISING POSITIONS AND SITUATIONS WE HAVE ARE FACED WITH. PERSONALLY I HAVE KNOWN MR. MILLER FOR YEARS WORKING UNDER THE SAME CONDITIONS AND AS MY MASONIC BROTHER AND FRIEND, HE IS INNOCENT UNTIL PROVEN GUILTY. INVESTIGATORS NEED TO LOOK BEYOND THE THERAPIST REPORTS AND CHECK THE YOUNG LADIES PAST HISTORY OF BEHAVIORS i.e. SEXUAL ABUSE AND PROMISCUITY THESE ISSUES IN MY OPINION, WOULD SHED SOME LIGHT ON THE CASE. AGAIN, I'M NOT CONDONING, JUST SUPPORTING.
Concerned Relative

United States

#18 Apr 19, 2007
Well, we still have hope and faith that he didn't do this. I feel that he would not have rape anyone. Regardless of what negative comments others are saying.........Remember there is a GOD. If this is or not a bunch of false statements on Shelby or the situation, believe me GOD will handle it. He will also handle those who stepped out of their boundary and judged him. In the mean time lets wait on GOD!!!!!!!!!!
Concerned Relative

United States

#19 Apr 19, 2007
MJJ wrote:
This a sick and disgusting man he should be sentenced to life in prison with out the chance of every getting out.
Are you GOD to judge that?
Concerned Relative

United States

#20 Apr 19, 2007
GEM wrote:
I bet his new inmates will be glad to see him. His new nickname is going to be swiss cheese...
Were that your name?
Concerned Relative

United States

#21 Apr 19, 2007
Kells wrote:
How in the world did he even get a bond for doing something like that. Well they think they set it so high that he can't get out but he ca fool them and do it again.
Oh, He will be out!!!
"The tongue is a powerful tool"! HE WILL BE OUT!!!!!!!!
Peace

United States

#22 Apr 19, 2007
John 3:16-17 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. For God sent not his Son into the world to condemn the world; but that the world through him might be saved.
Pray 4 U

Duluth, GA

#23 Apr 19, 2007
I must say this is shocking to me. I've had the pleasure of meeting Shelby a few times and he has never seemed like the type of person to do anything like this. I'm not saying that he did or didn't do it b/c it is not my place to judge him. If he did do it then that is between him and God, and he will be punished for his sins. If he didn't do this and the females are lying on him I hope everything works out okay for him. I always have to ask myself why do men have to go around raping women when their are women in the world that give their bodies away for a living. Shelby if you are innocent I hope you are set free but if you are quilty you I don't think you deserve any freedom that would give you the chance to hurt another female.. May God be with you.. Because you are really going to need him no matter how this turns out

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