United States v. Larry Rouillard
2014 U.S. App. LEXIS 1415
| 8th Cir. | 2014Background
- Rouillard was convicted of sexual abuse of an incapacitated person under 18 U.S.C. § 2242(2) and § 1153.
- The alleged victim, Marsha Chapman Reyes, and Rouillard are enrolled members of the Santee Sioux Nation and the events occurred on the tribal reservation in Nebraska.
- Reyes testified she was raped while unconscious; Rouillard testified Reyes remained conscious and consented to sexual contact.
- Rouillard’s proposed jury instruction required knowledge that Reyes was incapacitated, which the district court refused.
- The district court denied Rouillard’s motion for acquittal and sentenced him to 30 months’ imprisonment plus five years of supervised release.
- The en banc court later clarified that the mens rea under § 2242(2) includes knowledge of the victim’s incapacitation, prompting this reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by denying the requested jury instruction | Rouillard: judge should require knowledge of incapacity. | Rouillard: incapacity knowledge not an element; instruction unnecessary. | Reversed; remanded for new proceedings |
Key Cases Cited
- United States v. Bruguier, 735 F.3d 754 (8th Cir. 2013) (rejected element, mens rea requires knowledge of incapacity under § 2242(2))
- United States v. Young, 613 F.3d 735 (8th Cir. 2010) (de novo review when instruction denial defeats a legal defense)