I've watched too much Law and Order . . .

[Mermaidman]

Saw this article:

Posted on Sat, Jul. 23, 2005

U.S. accuses man of taping child sex acts

Authorities say suspect from Charlotte was on video with children

MELISSA MANWARE

Staff Writer


A southeast Charlotte man has been accused of videotaping himself in sex acts with children and then trying to smuggle the child pornography into the United States, the U.S. Attorney's Office announced Friday.

Burhan Mahmod Hinawi, 43, was arrested at Washington Dulles International Airport on Monday after customs agents inspected homemade videos and a laptop computer in his baggage.

They found several recordings of Hinawi engaging in sex acts with boys and girls who appear to be between 12 and 15 years old, according to a sworn affidavit. The recordings look like they were made by Hinawi, the affidavit also says.

Hinawi, who lives on Carlsbad Court in the Sardis Oaks neighborhood, also uses the first name Tony. He was traveling back to the United States from Damascus, Syria. He had flown there about a month earlier.

Investigators believe the explicit videos were made in Syria but have not confirmed that, said Allan Doody, special agent in charge of the Bureau of Immigration and Customs Enforcement.

Hinawi is a convicted sex offender, though his conviction came before North Carolina required registration.

In 1993, he pleaded guilty in Mecklenburg County to felony indecent liberties with a child, court records show. He was sentenced to five years probation and ordered to spend Saturdays in jail for six months, the records show.

Doody, who described Hinawi's actions as "despicable," said Hinawi is being held in a Washington, D.C. jail. If convicted, he could be sentenced to 15 to 30 years in prison. The affidavit, filed in support of the charges, says agents found footage of Hinawi engaged in sex acts with children on the homemade videos and on the computer.

It also says in at least one video, the person holding the camera appears to place it in a fixed position, then Hinawi peers into the lens at close range before getting on a bed and engaging in sex acts with a boy.

At one point in the footage, the affidavit says, a very small child can be seen drinking from a bottle on the same bed in which Hinawi is engaging in sexual acts with a boy.

Based on my TV-based legal education, wouldn't the gov't need the children to charge the scumbag with rape? Seems like he would only face charges of possessing child porn. Anyone have experience with this?

The child predators are getting out of hand. Just last week, a man tried to kidnap a kid in the lobby of a local hotel. Luckily, the child got away and the guy was busted across the state line.

 

[Sphexi]

They could charge him with posession, distribution, smuggling, not to mention making the nasty stuff. That alone is worth a hot poker to the groin in my book.

 

[Lonyo]

Based on my TV-based legal education, wouldn't the gov't need the children to charge the scumbag with rape? Seems like he would only face charges of possessing child porn. Anyone have experience with this?

The child predators are getting out of hand. Just last week, a man tried to kidnap a kid in the lobby of a local hotel. Luckily, the child got away and the guy was busted across the state line.

No.

Investigators believe the explicit videos were made in Syria

I don't think they can prosecute him without the co operation of Syrian authorities. (If my CSI: Miami serves me correctly).

 

[PokerGuy]

This kind of scum should be thrown into a pit and left there....;.

What puzzles me is, what exactly tipped off customs officers to make them watch his home movies? I've never had a customs officer ask to view what movies I have on tape or dvd or something. What the heck?

 

[Epic Fail]

If they have the video and they can confirm it is made in USA, they should have enough evidence to charge him. Otherwise, they will need testimony or another good evidence to have a case.

 

[Mermaidman]

Originally posted by: PokerGuy
What puzzles me is, what exactly tipped off customs officers to make them watch his home movies? I've never had a customs officer ask to view what movies I have on tape or dvd or something. What the heck?

Something to do with homeland security? Maybe he fit a profile.

I'm wondering, what if the gov't shipped him to Syria for prosecution? What is the Islamic penalty for child rape? Cutting off body parts? (OK--I'm not even sure if Syria is a secular or religious country, but just wondering.)

 

[bernse]

Send him back to Syria and let them deal with him. They're really nice to criminals.

 

[Epic Fail]

Originally posted by: Mermaidman

Originally posted by: PokerGuy
What puzzles me is, what exactly tipped off customs officers to make them watch his home movies? I've never had a customs officer ask to view what movies I have on tape or dvd or something. What the heck?

Something to do with homeland security? Maybe he fit a profile.

I'm wondering, what if the gov't shipped him to Syria for prosecution? What is the Islamic penalty for child rape? Cutting off body parts? (OK--I'm not even sure if Syria is a secular or religious country, but just wondering.)

There is no extradition treaty between US and Syria. The age of consent is only 13 for females there, but he might get in more trouble for having gay sex with the boy.

 

[Mermaidman]

Originally posted by: yamadakun
There is no extradition treaty between US and Syria. The age of consent is only 13 for females there, but he might get in more trouble for having gay sex with the boy.

OK, I know we're suppose to respect other cultures, but that's ridiculous (the 13-year old consent).

 

[sixone]

Originally posted by: Mermaidman

Originally posted by: PokerGuy
What puzzles me is, what exactly tipped off customs officers to make them watch his home movies? I've never had a customs officer ask to view what movies I have on tape or dvd or something. What the heck?

Something to do with homeland security? Maybe he fit a profile.

I'm wondering, what if the gov't shipped him to Syria for prosecution? What is the Islamic penalty for child rape? Cutting off body parts? (OK--I'm not even sure if Syria is a secular or religious country, but just wondering.)

He may have made incriminating statements while in custody.

 

[Taughnter]

Based on my TV-based legal education, wouldn't the gov't need the children to charge the scumbag with rape? Seems like he would only face charges of possessing child porn. Anyone have experience with this?

I think you are a little confused here. First off, while in rape cases you would often need the victim, that is because of a lack of other evidence. Assuming that this video is admissible in court, and that the contents of the video prove X beyond a reasonable doubt, this guy could be charged and convicted of X.

Just to clear things up for all the CSI and Law and Order folks: These shows generalize the law significantly. Often times they will ignore state law in order to use something more dramatic or controversial. I personally don't remember whether Dulles is located in D.C. or one of the nearby states or for that matter what state law D.C. would use (or if it might have its own specific criminal code). Furthermore, he might be charged with federal crimes which I admit I know even less about.

One thing that is important to point out, however, is that while rape law changes from state to state (some states will look at the reasonable belief of the defendant while others look only at the state of mind of the victim), nearly every state has statutory rape laws. Presumably, because these were filmed out of the country, he wouldn't be charged on these crimes regardless of whether the children were available or not, but there are plenty of other related crimes that he can and will be charged with.

I would guess that more than likely it doesn't matter what they charge him with, though. Barely anyone goes to trial anymore in this country (criminal or otherwise) and I can only guess that the trial rate is even lower for this sort of crime. My guess is that he's going to get some sort of plea bargain (I couldn't begin to imagine how much "bargaining" would really be involved though as this is a serious offense.)

 

[Taughnter]

I'm wondering, what if the gov't shipped him to Syria for prosecution? What is the Islamic penalty for child rape? Cutting off body parts?

Unfortunately there is something called the Convention against Torture which, generally speaking, would prevent our country from "shipping" a criminal (or anyone else, including terrorists) to another country where he is going to be tortured. I'm sure if any of you are really interested in this you can find a lot of resources on the internet with all sorts of statutory language. The bottom line, though, is that our country doesn't extradite criminals to countries that are going to mutilate, harm, etc..

However, that doesn't prevent us from sending him to our own prisons where he will be harmed/mutilated by other prisoners, so rest assured, he's going to get what's coming to him.