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Criminal Law Keyed to Osler
United States v. Holly
Citation:488 F. 3d 1298 (10th Cir. 2007).
Defendant was an employee of the Latimer County jail and was charged with aggravated sexual assaults against inmates and a daughter of another employee of the jail. Evidence at trial that was presented that the defendant had nonconsensual sex with four inmates and attempted to have sex with a fifth. The first victim was taken from jail to his farm where he raped her; the victim did not try to leave because she was afraid he would shoot her. The second time, the same victim was raped on the floor of his office. The third time, another victim testified that he raped her in his officer after allowing her to make a personal call on his phone. A third victim testified that he tried to have sex with her in his office after calling her into his office under the pretext of a family emergency. He did not go through with this assault, because the victim yelled and resisted him so he let her go. The last victim was taken by the defendant form the jail to a trailer in a nearby town where he again had sex with her against her will.
Each of the victims testified that they were scared during the the encounter, and one victim mentioned that he made specific threats against her and her daughter. Additionally, the defendant was wearing his gun prior to each interaction and was in reach during the incident.
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