Misty C #6

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Misty currently in Nashville per AH, pending scheduled appearance in court. If she "didn't need her family" she wouldn't be scheduled to request that RO be lifted.

:parrot:
 
Despite how people feel about Misty, JM is serving time for what he was found guilty of.

In my opinion, it makes no difference if he was convicted of rape or not, why are there degrees of sexual battery? A sex act is a sex act, in my opinion. I would hate to be the prosecutor that has to tell the victim that their offenders crime did not rise to the level of rape, merely sexual battery.
 
Whoah...rape? He was not charged with rape. Still would like to see those court records....now that would be a good read. Knowing what we know about Misty,it has to make you wonder about that case. He was charged with sexual battery. He was 16 yrs. old and IIRC, they knew each other.

I also did not get the impression that she left the courtroom and went straigt to Tommy. She may have spent some time in a place we can't talk about w/o proof. She has some problems and issues for sure.

Sexual battery is rape. What did you think it was?

Sexual Battery; Rape
(Florida Statute 794.011)


Sexual Battery, commonly known as rape, is defined by Florida Law as oral, anal, or vaginal penetration by, or union with, the sexual organ of another, or oral, anal, or vaginal penetration by an another with any object. Sexual Battery (Rape) is sexual intercourse with a person against his or her will through force, threats, or intimidation. This is an important distinction, because if an accuser alleges they feared for their life, physical safety, or the life and safety of a loved one, they can assert that they had no other alternative than to submit to a sexual act and this does not mean that they consented to it.



Sexual Battery carries the most severe penalties of all sexual offenses in Florida. A person convicted of sexual battery (rape) would be facing a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of nine (9) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.

===========================
I didn't say anything about her heading straight to Tommy's after this happened.
 
I don't think Misty will ever tell the truth. We may learn more now that she's away from Ron, but not much more. Especially if she's involved and I think she is. Maybe not directly but she knows something.
 
Who on this page is Misty's partner in crime (so to speak) when they were robbed in the process of getting drugs?

She was arrested last night?

http://public.pcso.us/jail/booking.aspx


MELINDA SUE SANTMYER
CRESCENT CITY, FL
Booking Date & Time: 11/11/2009 8:41:19 PM - Booking#: 09-04689
Release Date & Time:
DOB: 7/17/1987 - RACE: W - SEX: F
Charges Misd/Felony Degree Bond Bond Posted

806.13-1b1 DAMAGE PROP-CRIM MISCH 200 DOLS AND UNDER M S $504.00
784.03-1a1 BATTERY TOUCH OR STRIKE M F $1,004.00
784.03-1a1 BATTERY TOUCH OR STRIKE M F $1,004.00


Croslin, 17, accompanied by Brandy Steedley, 18, and Melinda Santmyer, 22, went to the apartments on Moody Road in Palatka around 8:15 p.m. Monday, according to the report.
http://www.staugustine.com/stories/102109/news_2103484.shtml
 
MELINDA SUE SANTMYER
CRESCENT CITY, FL
Booking Date & Time: 11/11/2009 8:41:19 PM - Booking#: 09-04689
Release Date & Time:
DOB: 7/17/1987 - RACE: W - SEX: F
Charges Misd/Felony Degree Bond Bond Posted

806.13-1b1 DAMAGE PROP-CRIM MISCH 200 DOLS AND UNDER M S $504.00
784.03-1a1 BATTERY TOUCH OR STRIKE M F $1,004.00
784.03-1a1 BATTERY TOUCH OR STRIKE M F $1,004.00



http://www.staugustine.com/stories/102109/news_2103484.shtml


Thanks Atherella. Can we hope that things are beginning to unravel?
 
Thanks Atherella. Can we hope that things are beginning to unravel?

I wish!

I'm not really sure she has much to do with anything. But who knows.

I'm so tired of it feeling like there is no progress being made on HaLeigh's case. It feels cold to me... and if not cold... CHILLY. It's so frustrating. I keep hoping and praying for a holiday miracle for HaLeigh.
 
I wish!

I'm not really sure she has much to do with anything. But who knows.

I'm so tired of it feeling like there is no progress being made on HaLeigh's case. It feels cold to me... and if not cold... CHILLY. It's so frustrating. I keep hoping and praying for a holiday miracle for HaLeigh.


I hear ya but, I'm thinking on the off chance this is one of the people that may have been in the MH that night or one of the people MC was with that night somewhere and they may know something. Slim chance but maybe.
 
Cajun, apparently the law has changed. I have not recently looked up to see if it has changed in California. By your link, it looks like it has in Florida, unless they have always had it this way but I doubt it.

Here is the crime as I used to understand it when I worked in the system.

Rape is a crime of violence, anger and power, which is not always motivated by sexual desire. Rape is the sexual penetration (however slight) of the victim’s vagina, mouth, or rectum without their consent. Rape involves penetration with:

(a) the use of force/fear; or
(b) with an individual who is unconscious or physically powerless to give consent; or
(c) with a person who is otherwise incapable of giving consent, including situations where the individual is under the influence of alcohol or drugs and this condition was or should have reasonably been known to the offender.

Sexual Battery

Sexual Battery is the act of making unwanted and sexually offensive contact with an intimate body part of another person or which cause an immediate apprehension in the other person that such an act will occur.

An example of this is a perp who used a knife to intimidate a girl to undress. He did not touch her at all but left the location after she removed her clothes...that is what we used to call Sexual Battery.
 
Concerning Misty, I would have to see the records before I would say if this happened to her. Frankly, she scares me, for it is easy to think she may have not been fully telling the truth.

OTOH......there is always a possibility that she was and nobody can judge it or comment because she was a minor....so was he.
 
800.04(4)(a) Lewd or Lascivious Battery; Sex With Victim 12 To 15

(4) LEWD OR LASCIVIOUS BATTERY.--A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or


(1) DEFINITIONS.--As used in this section:

(a) "Sexual activity" means the oral, anal,or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

Right off his sexual offender flier. That should clear it up. Sure sounds like rape, IMO - there is penetration.
 
IMO They are all protecting their own secrets...Drug use & abuse.

Misty knows exactly WHO came into the trailer that night.
And WHY.

If she explains it...it gives up what she/family are all about. JMO.
 
Here's the 2005 statues for sexual battery for FL

[SIZE=-1](h) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose[/SIZE]

http://www.flsenate.gov/Statutes/in...TM&Title=->2005->Ch0794->Section 011#0794.011

means the same thing back then as it does now, rape.

Now I'm done with this conversation.
 
My post #571 explained the way I was to understand and that is how it worked in this state. I just assumed all places were on the same page with the term rape. So now I can assume, based on your research that they don't use the term "Rape" anymore in Florida.
 
I don't know where she thinks she's going to sleep. The MH is around 900-1000 sq ft and 2 bedrooms with 6 people in it already. Those kids are supposed to have rooms of their own and now that DCF is involved I doubt they allow anymore people to live in that small place.

Shaniya Davis missing from NC (very sketchy circumstances) is a child actually living in this scenario.
 
Another sad case..

We haven't heard from the mother yet, have we?
 
Misty has a hearing on November 16th at 2:30 pm to drop the restraining order against Tommy:

mistytommy.jpg

Where is Tommy? Does he need to appear in Court or just Misty? I'm interested in seeing what happens in this regard today.
 
Thank you so much for posting that Bluesky and reminding us of this. I am so thankful there are those among us that work so hard to stay on top of these things!!
 
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