- ORS 163.405 stipulates that a charge of Sodomy in the first degree requires the following:
- ORS 163.405 (1)(a) - the victim was subjected to forcible compulsion by the actor
- ORS 163.405 (1)(b) - the victim is under 12 years of age
- ORS 163.405 (1)(c) - The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or
- ORS 163.405 (1)(d) - The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
- It is of public record that Thomas Mitchell does not have any young siblings, children, or any children under the age of 16 under his care or legal guardianship, and he was unmarried during the time the crime was committed therefore ORS 163.405 (1)(c) cannot apply in this case.
- Records request from the Oregon State Police resulted in their refusal to release the records on grounds that the victim was a juvenile during the time of the crime and a special request has to be made with the Oregon Department of Human Services Child Welfare for these records and the release is based on their discretion. (See below)
- Because we were unable to successfully get the full records of the case due to the Juvenile Victim clause we are unable to verify if ORS 163.405 (1)(d) “incapable of consent by reason of mental defect, incapacitation, or physical helplessness” applies in this case. Many people have come to inform us that this may be a possibility knowing Mr. Mitchell’s state of mental and sexual depravity but we choose not to speculate on this matter until we find more evidence of the fact.
- Based on the facts stated above we can conclude with great certainty that Mr. Thomas Christopher Mitchell did sexually violate a child (Child Sodomy under the Oregon Revised Statutes) under the age of 12 in early 2005.
Oregon Revised Statute 419B.035 restricts the release of juvenile victim information. This statute provides Department of Human Services Child Welfare offices with authorization to release juvenile victim records under some circumstances. You may attempt to obtain the record(s) from the DHS Child Welfare office for the county in which the incident occurred
As we have stated above. Our records request correspondence and the reply from the Oregon State Police proves that Mr. Thomas Christopher Mitchell’s First Degree Sodomy victim was a juvenile under the age of 12 years making him a dangerous child sexual predator who MUST BE REQUIRED TO COMPLY WITH STATE AND FEDERAL SEX OFFENDER REGISTRATION LAWS. Failure to do so is in violation of 18 US Code § 2250.