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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/24/23 at 12:56 pm to
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/24/23 at 12:56 pm to
It's actually First Degree rape. Hillar Moore is under-billing the crime.

  A. First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

            (1) When the victim resists the act to the utmost, but whose resistance is overcome by force.

            (2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.

            (3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

            (4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.

            (5) When two or more offenders participated in the act.

            (6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

            B. For purposes of Paragraph (5), "participate" shall mean:

            (1) Commit the act of rape.

            (2) Physically assist in the commission of such act.

The driver 28 year old is also on the hook for first degree as he assisted.

Then there's also a manslaughter charge that should be brought against the four:

R.S. 14:31

     (3) When the offender commits or attempts to commit any crime of violence as defined by R.S. 14:2(B), which is part of a continuous sequence of events resulting in the death of a human being where it was foreseeable that the offender's conduct during the commission of the crime could result in death or great bodily harm to a human being, even if the offender has no intent to kill or to inflict great bodily harm. For purposes of this Paragraph, it shall be immaterial whether or not the person who performed the direct act resulting in the death was acting in concert with the offender.

Why isn't D.A. Moore doing his job and charging these criminals with the crimes they have committed?

Right now, they've only been charged with 3rd degree rape (anal/vaginal), no murder charges.

The name and addresses of the defendants are pubic record at the Clerk of Court as are the pending charges.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30833 posts
Posted on 1/24/23 at 1:05 pm to
quote:


Why isn't D.A. Moore doing his job and charging these criminals with the crimes they have committed?
This is the norm in democrat run urban areas nationwide, where have you been?
Posted by EZE Tiger Fan
Member since Jul 2004
50533 posts
Posted on 1/24/23 at 1:12 pm to
quote:

Why isn't D.A. Moore doing his job and charging these criminals with the crimes they have committed?


This is a Democrat-run city and state. This is what they call "progress". Are you new to this?
Posted by wadewilson
Member since Sep 2009
36725 posts
Posted on 1/24/23 at 1:26 pm to
ETA: I didn't read too good.
This post was edited on 1/24/23 at 1:33 pm
Posted by idlewatcher
County Jail
Member since Jan 2012
79607 posts
Posted on 1/24/23 at 1:27 pm to
quote:

Right now, they've only been charged with 3rd degree rape (anal/vaginal), no murder charges.


Well they didn't kill her is why. They sure as hell put her in a position to die though.
Posted by cbdman
New Orleans
Member since Feb 2015
1189 posts
Posted on 1/24/23 at 1:51 pm to
the DA hasn't charged anyone, yet. The case will go through a screening process at the DA's office once the report(s) and evidence are presented to the DA by the police.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425432 posts
Posted on 1/24/23 at 2:14 pm to
quote:

Why isn't D.A. Moore doing his job and charging these criminals with the crimes they have committed?

Right now, they've only been charged with 3rd degree rape (anal/vaginal), no murder charges.

There is not enough nexus between the death and the rape to charge them.

This is also a classic 3rd degree rape scenario. 3rd degree rape is specifically crafted for this scenario (too drunk to consent legally).
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