§43. Simple rape
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) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.
(3) When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
B. Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1.
Detective D was assigned 11 simple rape cases during the three year time period. Five had no supplemental reports documenting any investigative effort beyond the initial report; one had no file at all; and one was presented to the DA’s Office. Detective D told at least three different individuals that Detective D did not believe that simple rape should be a crime.
* In one case, Detective D wrote that no DNA evidence was discovered. However, this was directly contradicted by Louisiana State Police DNA Laboratory records which showed
that DNA evidence had been discovered.
* In another case, the victim went to the hospital for a SANE examination. The SANE nurse reported that the victim said that she was receiving threatening text messages from the assailant; however, there was no documentation that Detective D attempted to obtain any phone records or text messages. The SANE Nurse also collected potential DNA evidence from the victim that was collected in a sexual assault kit; however, a review of LSP DNA Laboratory records revealed that Detective D never submitted the kit for testing. A review of the sex crimes log book maintained by the Special Victims Section revealed that Detective D made an entry for this case which stated that Detective D would not submit the kit to the DNA lab because the sex was consensual. [emphasis added]
Report of Inquiry into Documentation of Sex Crimes Investigations by Five Detectives in the Special Victims Section of the New Orleans Police Department. Office of Inspector General, City of New Orleans, 11/12/14. PDF.
Detective D and the others in the audit have been identified by the NOPD and reassigned. Not necessarily in that order.
The five detectives — Akron Davis, Merrill Merricks, Derrick Williams, Damita Williams and Vernon Haynes — represented the majority of the Special Victims Section, which had between eight and nine detectives throughout the three-year period.
All are now patrolling the streets. Davis, who was the lone child-abuse detective, has been transferred to the 5th District in the St. Claude area. (Read a summary of problems found with Davis’ work.) Merricks was moved to the 2nd District Uptown, and the remaining three were all moved to the 7th District in eastern New Orleans.
They were identified as particularly unproductive by the inspector general’s office last spring while auditors were looking into a pattern of rape misclassification in the department.
Supervisors Louis Gaydosh and James Kelly were transferred to patrol duties and are also under investigation.
The crimes that leave the largest and most permanent impact left to “particularly unproductive” detectives, one of whom believes that if you are unconscious and someone puts his dick in you somewhere that that is your fault and not at all a crime. As if it’s like walking into the wrong door and just merits an “Excuse me” and a sheepish grin. Even if my front door is wide open, it’s a crime if you come in and steal my TV or car keys. The TV and car keys and car are mine, not yours, not to be taken but left alone. Close the door and move on.