In Kansas City MO, thirty-three year old Mario Antoine is facing 21 federal charges, from cyber-stalking to extortion, for scamming women into sex on the premise that he was a porn videographer and they were auditioning for a part. The FBI handled the investigation, and the Federal Prosecutor was quoted by the Kansas City Star as saying he’s a “serial rapist.” But rape is a state, not a federal crime.
And in order to press charges for rape, the state must take action!
Missouri law is very clear that “assent” is not “consent” when induced by deception, and that sex induced by deception is 2nd degree rape:
Section 556.0061(14) “Consent”: consent or lack of consent may be expressed or implied. Assent does not constitute consent if: (c) It is induced by force, duress or deception
566.031. 1. A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person’s consent.
2. The offense of rape in the second degree is a class D felony.
Jill Icenhower, Kansas City MO’s Chief SVU Trial Attorney states that the FBI never presented the case to the state.
At first, she knew nothing of the case, and reminded me how many rape cases she handles. I mentioned that the state is not handling it, and that was the reason for my call. “Over 30 possible victims have come forward and I think it should warrant the state’s consideration,” I said. I also mentioned the headlines it was causing in Kansas City in the hope of jogging her memory.
“Oh, the case of the restaurant owner?” she asked.
“Nope” I said, “The wedding photographer.”
“Oh yeah! Isn’t that a “trafficking case?” she asked.
“They charged him with crimes like “cyber-stalking” I said, “but it seems clear that it’s a rape by deception case. Even the Federal Prosecutor called Antoine a “serial rapist.”
“We can’t charge the man for the same crimes that he’s charged by the Federal Prosecutor,” she said.
I reminded her, again, that 2nd degree rape is not a federal but a state offense and that the Feds did not charge him with rape.
“Well the law enforcement agency who investigated the case did not present the case to us,” she said, “You need to ask them, not me.”
I said, “Since over 30 women in your jurisdiction are complaining about what seems to be 2nd degree rape , wouldn’t it be good for you to contact the FBI? ”
“Your problem’s with them, not me,” she insisted. Then, “Thanks for calling,” as she abruptly hung up the phone.
What can you do?
You can have an impact on the Feds and the state working together by picking up the phone and letting them know how important this issue is to you! This case could provide a milestone in raising awareness about the harm and severity of rape by fraud or deception. You can be a part of that enlightenment!
The number for Jill Icenhower: 816-881-3000.
The number for Special Agent Trisha DeWet at the FBI office in Kansas City: 816-512-8200.
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