110 So. 3d 1094 - State v. Clouatre’s Empirical Analysis
2012
Citation profile
2
cited by 2 later decisions
1
states following
July 2017
most recently cited
2 state decisions
Relationships
Relies on Jackson v. Virginia · 523 So. 2d 1305 - State v. Mussall · 772 So. 2d 78 - State v. Mitchell · 898 So. 2d 1219 - State v. Higgins · 946 So. 2d 654 - State v. Ordodi
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the "stupor or abnormal condition of mind produced by an intoxicating agent" element of simple rape does not require unconsciousness or such incognizance as to render the victim unaware that she was raped; nor do the victim's verbal protestations during the act of rape indicate that she was necessarily capable of effectively resisting being raped. As the third circuit noted in State v. Clark , 2004-901 (La.App. 3rd Cir. 12/8/04), 889 So.2d 471 , 475, "the very purpose of the simple rape statute [is] to criminalize behavior which takes advantage of a person who has had too much to drink and participates in an act to which he or she would not otherwise have consented." In Clark , C.T., the female victim, had smoked marijuana and taken a muscle relaxer. C.T. testified that after sleeping for a while she was awakened by the sound of the defendant coming into her room. He took off his clothes, got in bed with her, and proceeded to have sex with her. Id. at 472-73 . She testified that she was "frozen" and did not fight him off, scream to a friend for help, or try to get away. Rather, she pleaded with him to stop and was overpowered by him. She stated that he pinned her down, but he did not threaten her and was not violent with her. The defendant testified the sexual act was consensual. The third circuit found that under these facts, the defendant was guilty of simple rape. Id. at 475 . In State v. Porter , 93-1106 (La. 7/5/94), 639 So.2d 1137 , 1143, the supreme court stated that a”
1 later decision quote this exact passage“stupor or abnormal condition of mind produced by an intoxicating agent”
1 later decision quote this exact passage“completely aware at the time as to the nature of the act.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.