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Decapitated: All Four Members Formally Charged with Rape

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Update, 4:07pm EDT: The band has issued a statement denying all the charges. Read it here.

Original Post: 

A week after two members of the band were extradited to Spokane, WA, all four members of Decapitated have now been formally charged with rape, according to The Spokesman-Review:

“The four had already been charged with kidnapping in the first degree. The rape charges vary between the four, from second degree for Rafal Piotrowski and Waclaw Kieltika, to third degree for Mikola LLysejko and Hubert Wiecek.”

Metal Injection helpfully researched how the state of Washington defines the different degrees of rape:

FIRST DEGREE RAPE
First degree rape involves forcible compulsion and may occur with the use or threatened use of a deadly weapon, kidnapping, infliction of serious bodily injury to the alleged victim, or burglary. It is a class A felony, which allows for up to life imprisonment.

SECOND DEGREE RAPE
Second degree rape occurs in cases that involve forcible compulsion but do not rise to the level of a first degree offense. It may also occur when an alleged victim is mentally incapacitated or physically helpless, or when the defendant is in a position of authority over the alleged victim, such as in a healthcare or eldercare facility. It is also a class A felony. A defendant may offer evidence of a reasonable belief that the alleged victim was not mentally incapacitated or physically helpless at the time of the alleged offense as a defense to prosecution.

THIRD DEGREE RAPE
If an alleged offense does not meet the definition of first or second degree rape, but still involves “clearly-expressed” lack of consent or threat of harm to the alleged victim’s property, the state may charge it as third degree rape. This is a class C felony, carrying up to five years’ imprisonment.

Founding guitarist Wacław “Vogg” Kiełtyka is scheduled to appear in Superior Court today. We’ll update this story when details of his appearance become available. In the meantime, you may want to read this interview we recently conducted with a criminal defense attorney about what may lie ahead for the members of Decapitated.

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