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Message
re: Deputies arrest 4 in LSU student Madison Brooks case
Posted on 1/24/23 at 12:56 pm to TheRouxGuru
Posted on 1/24/23 at 12:56 pm to TheRouxGuru
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.
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 on 1/24/23 at 1:05 pm to HodsonTiger13
quote:This is the norm in democrat run urban areas nationwide, where have you been?
Why isn't D.A. Moore doing his job and charging these criminals with the crimes they have committed?
Posted on 1/24/23 at 1:12 pm to HodsonTiger13
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 on 1/24/23 at 1:26 pm to HodsonTiger13
ETA: I didn't read too good.
This post was edited on 1/24/23 at 1:33 pm
Posted on 1/24/23 at 1:27 pm to HodsonTiger13
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 on 1/24/23 at 1:51 pm to HodsonTiger13
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 on 1/24/23 at 2:14 pm to HodsonTiger13
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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