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I don't understand how it is kidnapping

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How is Amanda Berry's daughter being considered a kidnap victim if she is his daughter and held in the home where she was born with both parents present. I know they were all held against their will, but I didn't realize they could give him a charge for kidnapping on her. I guess I could look up the statute that defines kidnapping.
by on May. 8, 2013 at 5:16 PM
Replies (261-263):
Maevelyn
by Gold Member on May. 9, 2013 at 5:18 PM

yes but in Ohio, an unmarried woman has sole custody of the child until paternity is established by the court. So by the letter of the law they were both captives and I think that in the spirit (eg, intended purpose) of the kidnapping law, regardless of their marital status, they would both be considered captives. I feel that after so many years he should have keeping slaves added as a charge. I'm pretty sure that's still illegal too 

Quoting invisibleme:

In a stranger situation I'd agree but we could be talking biological parents. In this situation it may not necessarily always apply. You say want to torture the mother/father but have no issues with the child.


Quoting Maevelyn:

I would say that if the mother is being held captive, the child is, by nature of his or her birth, a captive. This child was born to a slave and held as a slave regardless of how she was used. Some one else posted that in Illinois the father must petition to have paternity established if he and the mother and father are not married before he can have custodial rights to the child. 

Quoting invisibleme:

How do you really define that for a child unable to really have free will? At 6 children are still controlled by their parents and in many states not required to be enrolled in school.





Quoting Maevelyn:

Well if she was being held against her and her mother's will I would say it's kidnapping. I wonder if this man has any rights to her as a father. 






TrouserMouse
by on May. 9, 2013 at 5:21 PM
I wonder why there weren't various assault charges as well.

It seems like there should be so many more charges based on the information they have already.


Quoting Maevelyn:

yes but in Ohio, an unmarried woman has sole custody of the child until paternity is established by the court. So by the letter of the law they were both captives and I think that in the spirit (eg, intended purpose) of the kidnapping law, regardless of their marital status, they would both be considered captives. I feel that after so many years he should have keeping slaves added as a charge. I'm pretty sure that's still illegal too 

Quoting invisibleme:

In a stranger situation I'd agree but we could be talking biological parents. In this situation it may not necessarily always apply. You say want to torture the mother/father but have no issues with the child.





Quoting Maevelyn:

I would say that if the mother is being held captive, the child is, by nature of his or her birth, a captive. This child was born to a slave and held as a slave regardless of how she was used. Some one else posted that in Illinois the father must petition to have paternity established if he and the mother and father are not married before he can have custodial rights to the child. 

Quoting invisibleme:

How do you really define that for a child unable to really have free will? At 6 children are still controlled by their parents and in many states not required to be enrolled in school.








Quoting Maevelyn:

Well if she was being held against her and her mother's will I would say it's kidnapping. I wonder if this man has any rights to her as a father. 








Maevelyn
by Gold Member on May. 9, 2013 at 5:24 PM

They only need to charge him to hold him right now, according to what I read they are attempting to calculate each assault and charge individually for each one. I'm assuming this is going to be a crazy trial. I feel bad for his public defender. Can they turn away a case?

Quoting TrouserMouse:

I wonder why there weren't various assault charges as well.

It seems like there should be so many more charges based on the information they have already.


Quoting Maevelyn:

yes but in Ohio, an unmarried woman has sole custody of the child until paternity is established by the court. So by the letter of the law they were both captives and I think that in the spirit (eg, intended purpose) of the kidnapping law, regardless of their marital status, they would both be considered captives. I feel that after so many years he should have keeping slaves added as a charge. I'm pretty sure that's still illegal too 

Quoting invisibleme:

In a stranger situation I'd agree but we could be talking biological parents. In this situation it may not necessarily always apply. You say want to torture the mother/father but have no issues with the child.





Quoting Maevelyn:

I would say that if the mother is being held captive, the child is, by nature of his or her birth, a captive. This child was born to a slave and held as a slave regardless of how she was used. Some one else posted that in Illinois the father must petition to have paternity established if he and the mother and father are not married before he can have custodial rights to the child. 

Quoting invisibleme:

How do you really define that for a child unable to really have free will? At 6 children are still controlled by their parents and in many states not required to be enrolled in school.








Quoting Maevelyn:

Well if she was being held against her and her mother's will I would say it's kidnapping. I wonder if this man has any rights to her as a father. 









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