Lamb County prosecutors notice possible unconstitutionality in s

Lamb County prosecutors notice possible unconstitutionality in state's rape statute

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LUBBOCK, Texas -

District attorneys in Lamb County will use a current sexual assault case as a prime example that warrants rewriting the state's incest law. A Lamb County jury returned a guilty verdict for a sexual predator indicted in 2015 under the state's rape statute and there's another Texas case currently pending. 

"There are actually two cases that are pending one of them is ST v. State that is out of Fort Worth," said Scott Say Lamb County district attorney. "I believe out of the second court of appeals that is now on petition for discretionary review before the court of criminal appeals of Texas." 

Say said there is a problem with the law he thinks the statute as currently written could possibly be unconstitutional. Rudolfo Gill raped a relative and was charged with three separate sexual assault counts. He's guilty on all three counts, but will only do 20 years in prison for each count.  According to Say the jury wanted a harsher sentence but was restricted to 20 years the max  punishment for this crime. 

"We believe that is completely  unfair, the jurors did as well and each expressed that to us," said Say. 

District attorneys from Lamb County said this specific case highlights a significant oversight in the law on sexual assaults involving incest and the punishment ranges available to jurors and the courts. The Littlefield jury also added a $10,000 fine for each count. The judge will determine if the sentences will be stacked consecutively or run concurrently. 

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