2 So. 3d 451 - State v. Starr’s Empirical Analysis

Citation profile

7 state decisions

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances: (1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.”

   2 later decisions quote this exact passage
   e.g. 115 So. 3d 578 - State v. Cleveland · 34 So. 3d 422 - State v. Fruge

2. “Simple rape emphasizes the incapacity of the victim to give lawful consent to sexual intercourse because of a stupor caused by an intoxicating agent or other cause. State v. Chandler, 41,063, p. 9 (La.App. 2 Cir. 9/8/06), 939 So.2d 574, 580 , writ denied, 06-2554 (La.5/11/07), 955 So.2d 1277 . In order to convict the defendant, the State has the burden of proving that the victim could not consent because she was in a “stupor” or abnormal condition of mind produced by intoxicating agent, i.e., alcohol. See, State v. King, 99-1279, p. 4 (La.App. 5 Cir. 4/25/00), 760 So.2d 540, 542 , writs denied, 00-1498 (La.3/16/00), 787 So.2d 298 and 00-1452 (La.3/16/01), 787 So.2d 298 ; State v. Porter, 93-1106, p. 10 (La.7/5/94), 639 So.2d 1137, 1143 . A defendant can be convicted of simple rape when the victim’s capacity to resist was negated by an abnormal condition or state of mind caused by alcohol consumption. State v. Porter, 93-1106 at 10, 639 So.2d at 1143 . In sexual offense cases, the victim’s testimony alone can be sufficient to establish the elements of a sexual offense, even though the State does not introduce medical, scientific or physical evidence to prove the commission of the offense. State v. Dixon, 07-915, p. 11 (La.App. 5 Cir. 3/11/08), 982 So.2d 146, 153-54 [.]”

   1 later decision quote this exact passage
   e.g. 34 So. 3d 422 - State v. Fruge