110 So. 3d 1094
La. Ct. App.2012Background
- Defendant Kaven P. Clouatre was charged by indictment with simple rape under La. R.S. 14:43 and convicted by jury after trial.
- Victim A.H., age 14, testified she consumed alcohol at the defendant’s trailer and was then raped while intoxicated.
- The sexual act occurred after the defendant allegedly pulled down her shorts while she protested, and she reported the assault to others the next day.
- Medical and lab evidence showed a vaginal tear and a positive presumptive blood stain on underwear, but no spermatozoa were found; a DNA swab was later taken from the defendant.
- The defendant admitted consuming alcohol and being briefly in contact with A.H. but denied rape, offering equivocal explanations in a police interview.
- On appeal, the defendant challenged the sufficiency of the evidence to prove simple rape as to incapacity from intoxication under 14:43(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proves incapacity from intoxication | Clouatre argues A.H. was capable of resisting. | Clouatre asserts A.H. was aware and could have resisted or called for help. | Evidence supports incapacity element; jury could find intoxication impaired resistance. |
Key Cases Cited
- State v. Porter, 639 So.2d 1137 (La. 1994) (victim's capacity to resist negated by alcohol-induced abnormal condition)
- State v. Fruge, 34 So.3d 422 (La. App. 3 Cir. 2010) (drinking victim raped after waking; corroborates simple rape under intoxication)
- State v. Clark, 889 So.2d 471 (La. App. 3 Cir. 2004) (articulates purpose of simple rape statute in alcohol-influenced incapacity cases)
- State v. Brown, 788 So.2d 694 (La. App. 5th Cir. 2001) (evidence of victim's intoxication supporting simple rape conviction)
- State v. Orgeron, 512 So.2d 467 (La. App. 1st Cir. 1987) (victim's testimony alone may prove elements of offense)
- State v. Taylor, 721 So.2d 929 (La. App. 1st Cir. 1998) (weight of evidence is for the trier of fact, not standard of sufficiency)
- State v. Higgins, 898 So.2d 1219 (La. 1st Cir. 2005) (appellate review does not reweigh witness credibility)
- State v. Quinn, 479 So.2d 592 (La. App. 1st Cir. 1985) (testimony of victim alone can prove elements)
- State v. Patomo, 822 So.2d 141 (La. App. 1st Cir. 2002) (circumstantial evidence standard under 15:438)