Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, June 5, 1993 TAG: 9306050086
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: LON WAGNER STAFF WRITER
DATELINE: LENGTH: Medium
Circuit Court Judge Kenneth Devore wrote that the Reconstruction-era seduction law is "archaic and a gender-based statute, which is unconstitutional." Gallimore was charged with seduction after he informally married 16-year-old Sabrina Simpkins while he was still married to his legal wife of 26 years.
Floyd County prosecutor Gino Williams argued last week that the seduction law could be useful in today's society to protect state-sanctioned marriages. Williams said the law was necessarily "gender-based" - meaning it protected only women - because only women can get pregnant.
Devore disagreed with both of Williams' arguments.
"The statute is not necessary for the protection of the institution of marriage," Devore wrote. "It would be as easy for a married woman to seduce an unmarried man [as] it is for a married man to seduce an unmarried woman."
Devore also rebutted Williams' contention that the law was needed to prevent unwanted pregnancies.
"Clearly the intent of the statute when passed in the 19th century was to protect against illegitimate pregnancies, but only as to virgins," he wrote. "Unchaste women are as equally capable of getting pregnant as chaste women."
Gallimore still faces a possible 20 years in prison for two counts of taking indecent liberties with a minor by a person in a supervisory relationship. He is scheduled to be tried Friday on those felony charges.
Jimmy Turk, the attorney Gallimore hired after Devore persuaded him not to defend himself by using the Bible, said Devore's ruling would help keep the trial focused.
"The focus now is more on the age of Sabrina," Turk said. "We're not dealing with what Elwood Gallimore did in terms of trying to lure a young lady into his web."
The taking indecent liberties with a minor charges will hinge on whether Gallimore had a "supervisory" role with Simpkins. Gallimore, 44, is the preacher at the Evangelistic Tabernacle in Bassett Forks, where Simpkins has attended services since she was a baby.
Gallimore preaches that a man can have more than one wife, as long as he is financially able to support his wives. In November, Gallimore asked Simpkins to marry him and she agreed.
Williams filed charges against Gallimore in February. Williams said all along that he knew the seduction statute was old and had not been used recently, but said he would still use it since it was on the books. He said Friday he was not surprised with Devore's ruling.
"That's sort of what I expected," he said. "We've been preparing for that. It really doesn't change anything from our side."
Contacted at his Pulaski County home, Gallimore said he was glad he had hired Turk. "Getting one charge dropped really boosts you up," he said.
Gallimore also said he was confident the jury would agree next week that he didn't have to persuade Simpkins to marry him. "I believe once they hear Sabrina's testimony, that alone will be enough to throw it out," Gallimore said of the other two charges. "She done this because she wanted to do it."
by CNB