Legal Question in Criminal Law in Wisconsin
Murder a molestor years later
I have a relative, to be specific, a cousin, that many years ago, was molested by our uncle. The molestations occurred between the ages of 5 to 12, repeatedy over those years. As he grew up, he had a life of instability. He failed in the military for his numerous personal problems, and has always had a tendancy towards violence. I recently learned all of this can be attributed to what happened to him, per his psychiatrist. About 1 week ago, he was having a hard night, crying for no reason, and went over to his uncle and shot him in cold blood, murdering him. The psychiatrist says his problems are intense and have got much worse over the years. My question is this. What would be the standard charge for him be when he goes before the judge? And what kind of sentence can be expected?
2 Answers from Attorneys
Re: Murder a molestor years later
There a lot of variables - which county, whose the judge, who is prosecuting, etc? Most would likely start at 1st degree intentional which has a mandatory life sentence. The judge then decides when and if he will ever be released. You could always try an insanity defense with repressed memory syndrome but would need some very favorable experts to help. Some lesser charge is possible but not likely since there is no indication that this was even a self defense situation. I would need to know a lot more before giving any more guidance.
Re: Murder a molestor years later
It is quite likely that he will be charged with First and Second Degree intentional homicide. The abuse issue may create a valid defense both of self defense and of insanity under a Mc'Naughton theory.
The possible penalties could include life in prison.
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