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A PAIR of Amish brothers who along with two younger brothers gang-raped their sister managed to avoid jail because the prosecutor claimed they “would’ve been eaten alive” there.
The two brothers, Aaron Schwartz, 22, and Petie Schwartz, 18, earlier this month plead guilty to two counts of third-degree child molestation with a child under age 14, according to the Webster County Citizen.
When their sister was the victim of the sexual acts last year and earlier this year, she was 12 and 13 years old.
The Schwartz brothers’ plea deal included 10-year suspended prison terms, with five years of probation.
“These two young men would’ve been eaten alive in the state prison system,” Webster County prosecutor Ben Berkstresser said.
Berkstresser said he has previously been “very harsh on the Amish” with crime charges of the same nature.
But “in this instance, these two boys are very immature relative to their respective ages. Maturity wise, they are much younger than their age,” Berkstresser said.
Meanwhile, the two younger brothers did not face any charges because of their age.
“There were four brothers, two of them minors, while the other two legally are adults,” Berkstresser said.
“All of them had sexual relations with their sister. There is no question this occurred.”
The sister became pregnant as a result of the rapes and gave birth earlier this month at just 13 years old.
Her brothers’ crimes in Seymour, Missouri, became known after she saw a doctor about her pregnancy, and the doctor informed police.
The teenage girl then told law enforcement officials that she was sexually abused by her four brothers.
“One of the brothers is the father of this child,” Berkstresser said.
“But within the Amish community that primarily lives in the Seymour area, [the Amish] don’t see the authority we have to do anything to them. This was a tough case to prosecute.”
It is not known which of her brothers got her pregnant.
The Amish are traditionalist Christian and shun technology.
Despite outrage over the older brothers’ sentence, Berkstresser has refused to change his decision.
Berkstresser gave each of the Schwartz brothers $250 fines, 100 hours of community service and demanded that they write letters on how they will protect their children from inflicting such abuse.
The Amish community stated that they gave the Schwartz brothers “very severe” punishments, Berkstresser said, but he did not provide the details.
There is a circumstance in which the older Schwartz brothers could be incarcerated—if they do not complete Missouri’s sex offender treatment program within a year.
They have been placed on the state’s sex offenders’ register for life.
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By Simon Holmes For Mailonline 09:27 BST 06 Nov 2016 , updated 14:22 BST 06 Nov 2016
A 12-year-old boy repeatedly raped his younger sister after becoming fascinated with hardcore pornography he found on the internet, a court has been told.
The boy, now 14, who cannot be named for legal reasons, was 12 at the time of the offence and his sister was under the age of nine, Cheltenham Magistrates Court heard on Friday.
After the girl told their mum what he had been doing the boy claimed she had agreed to have sex.
The boy had told her if she didn't have sex 'she wouldn't be his sister any more', said prosecutor Ian Fenny.
'They were not solitary acts and had taken place in her bedroom at a time when he was sure he wouldn't be disturbed,' the barrister said.
The court was told the boy had typed in search terms on the internet in order to find incest porn.
Mr Fenny said 'Cases of this nature will increasingly come before the court because of the access young people now have to hard core pornography.'
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The boy pleaded guilty to six charges of a raping a girl under the age of 13 during the summer of 2015.
District Judge Joti Bopa-Rai sentenced him to a 12-month referral order and imposed a Sexual Harm Prevention Order for five years.
The conditions of the SHPO mean the boy, who is now living in a supervised treatment unit, cannot associate with anybody under the age of 16 and cannot contact his sister.
He is allowed to access the internet but is not allowed to delete the search history because police will regularly inspect all his electronic devices.
Judge Bopa-Rai warned him: 'If you bump into anyone under the age of 16 then you have to walk away - you cannot associate with them.
'When you come out of the treatment unit at 16 you will still have police monitoring you until the age of 19.'
Because the boy has no previous convictions and is under the age of 15, he would have to be a persistent offender to receive a custodial sentence, Judge Bopa-Rai said.
His father asked the judge if his son would be able to return home once he left the treatment unit, to which she replied: 'I cannot answer that.
'A lot will depend on where he is at that stage.'
Defence solicitor Gareth James described the offence as 'experimentation of a sort, albeit completely inappropriate.'
He added: 'He is now 14. At the time he was only 12 and that is perhaps significant because it is always the case with youths that they mature at different rates and this has been a lesson for him in terms of coming to court and being interviewed.
'There is a psychological report that shows he shows a level of maturity for his age.
'It is part of that maturity that gives rise to this offending. It has always been the case that teenage boys develop attraction to opposite members of sex, or of the same sex, of course.
'When I was a young man the internet didn't exist but unfortunately it does now.
'Therefore, he does seem to have been exposed to material that was inappropriate for somebody his age and that has played a part in his offending because he has tried to enact what he saw with his sister.
'This is experimentation of a sort albeit completely inappropriate.'
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Boy, 12, repeatedly raped his sister after becoming fascinated with incest porn
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