By Carlos Miller
A 60-year-old Arkansas constable who is accused of sexually molesting a 15-year-old girl since she was five years old is facing a maximum one-year jail sentence and a fine of up to $1,000.
Just to give you a comparison, my resisting arrest without violence conviction was punishable by up to a year in jail.
Milton R. Hendrix of Mountainburg is accused of inappropriately touching the girl’s breasts and genitals whenever they were together since she was five years old. He was charged with fourth-degree sexual assault.
It is not clear what the relationship is between them.
It also appears that the only evidence against him so far are the girl’s allegations.
Although a constable in Arkansas is an elected position, they are considered peace officers with full police powers.
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Fernandez, as I mentioned in a 
According to this extract of sexual assault laws of Arkansas, and assuming her testimony is true, his very position as a constable makes him ineligable for fourth degree SA!
http://www.accardv.uams.edu/Sexual%20assault%20laws-revised.pdf
outlines the various degrees. fourth degree misdemeanor is the lowest possible. What a prosecuter is supposed to do is go from first degree down, stopping once he reaches a degree which covers the case, not keep going.
In summary, the more trust and power the actor had over the victim, the higher the degree. third and above have this clause.
(1) Is employed with the Department of Correction, Department of Community Punishment,
Department of Human Services, any city or county jail, and the victim is in the custody of the
Department of Correction, Department of Community Punishment, Department of Human
Services, or any city or county jail; or
(2) Is a professional under Arkansas Code 12-12-507(b) or a member of the clergy, and is in a
position of trust or authority over the victim and uses the position to engage in sexual intercourse
or deviate sexual activity.
12-12-507(b) can be found on pages 13-14 here:
http://staging.arkleg.state.ar.us/ftproot/acts/2003/public/act758.pdf
and clearly includes law enforcement official as well as peace officer.
Fourth degree SA has two separate classifications, Class D felony, and Class A Misdemeanor. The former applies to actors older than 20. If he’s being charged with the misdemeanor, something is really screwed up.
This is the emotional equivalent of those fines toy companies got over using lead paint, equalling a loss of pennies for each dollar of profit.
I was shocked by this story when I posted in on the Injustice News feed. I’ve tried calling the detective listed in the story to verify that the charge WAS being processed as a misdemeanor and not a felony since, as carinthewall noted, fourth degree SA can be either, but she hasn’t returned my call. I’m hoping that the story just got it wrong. I *think* the DA for that area is a guy named Marc McCune, but his office was closed for the nite by the time I got a chance to call there. I’m definitely following up on this because it’s so obviously wrong.
Meanwhile in Arkansas a very good friend of mine got arrested for child abuse. When the prosecutor’s star witness recanted, they called in ICE and had her deported! http://www.facebook.com/group.php?gid=113480075624
There are two justice systems in Arkansas, one for the rich and powerful and one for the rest of us.