United States v. Rouillard, No. 11-3039 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of knowingly engaging in a sexual act with the victim when she was incapable of appraising the nature of the conduct and physically incapable of declining participation in that sexual act. On appeal, defendant challenged his conviction, arguing that the district court erred in refusing to give two of his proposed jury instructions and that there was insufficient evidence to support his conviction. The court concluded that the district court's failure to give defendant's instruction under 18 U.S.C. 2242(2) deprived him of his defense that he did not know that the victim was incapacitated or otherwise unable to deny consent. Accordingly, the court reversed and remanded for a new trial.
Court Description: Criminal Case - conviction. 18 U.S.C. sec. 2242(2) requires defendant to know that the other person was incapacitated. The district court erred in failing to give a jury instruction and deprived defendant of his defense that he did not know that the victim was incapacitated or otherwise unable to deny consent. Conviction is reversed and remanded for new trial.
The court issued a subsequent related opinion or order on January 24, 2014.
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