A 43-year-old South Dakota father and his 25-year old daughter have been indicted by a federal grand jury after law enforcement officials charged them with incest for participating in consensual sex in November.
United States Attorney Randolph J. Seiler announced that 43-year-old Daniel Mexican and his 25-year-old daughter Santana of Eagle Butte, South Dakota, have been indicted by a federal grand jury for Incest. They appeared before U.S. Magistrate Judge Mark A. Moreno both entered a plea of not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 20, 2016, Daniel Mexican and Santana Mexican knowingly engaged in consensual sex with each other, when they are within the degrees of consanguinity which would render a marriage void.
The charge is merely an accusation and Daniel Mexican and Santana Mexican are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Both Defendants were released on bond pending trial, which was set for February 21, 2017, but as of the time of this article no updates about the case have been made public.
What is not mentioned in this article is why the federal government and not the state is bringing charges? Could it be because the “Happy Humpers” are members of a tribe and living on a reservation – not state or private land? It would be informative to have that background provided.