A Franklin County jury on Tuesday found a Warren County man guilty on multiple child sex charges tied to alleged abuse in 2006, bringing a brief two-day trial that started June 3 and ended June 4 to a close.
Jurors convicted 55-year-old John P. Mahan of one count of statutory rape and two counts of statutory sodomy involving victims who were under 12. The panel returned a not guilty verdict on an additional rape charge and deadlocked on another count after roughly six and a half hours of deliberation. As reported by the Washington Missourian, the alleged offenses date back to 2006.
What Missouri law allows
Missouri treats statutory sodomy and statutory rape as serious felonies, with penalties that become even harsher when victims are very young. Under state law, statutory sodomy in the first degree, which covers deviate sexual intercourse with someone under 14, can carry a life sentence or other lengthy prison terms when the victim is under 12, according to Justia.
Statutory rape in the second degree is classified as a class D felony in Missouri, a lower level than first degree but still a felony conviction that can carry significant prison time, as outlined by FindLaw.
Hung jury and what could happen next
When a jury cannot unanimously agree on a particular count, the judge can declare a mistrial on that charge while allowing the rest of the verdict to stand. At that point, prosecutors typically decide whether to retry the unresolved count, negotiate a plea or dismiss it altogether.
The U.S. Supreme Court and legal scholars have long held that retrying a defendant after a hung jury usually does not violate the Double Jeopardy Clause. In other words, a deadlocked jury on one count typically leaves the door open for another trial on that same charge, according to Cornell Law School.
