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Supreme Court reverses rape conviction

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The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.

Indiana Evidence Rule 404(b) prohibits the use of evidence of prior crimes "to prove the character of a person in order to show the action in conformity therewith" except in certain circumstances. The justices unanimously decided in Otho L. Lafayette v. State of Indiana, No. 45S03-0904-CR-812, that the trial court erred in admitting evidence of Otho Lafayette's prior attempted rape conviction and ordered a new trial.

Wickizer v. State, 626 N.E.2d 795 (Ind. 1993), determined the state was best served by a narrow construction of Evid. R. 404(b) and held that the intent exception is available when a defendant goes beyond merely denying the charges and alleges a particular contrary intent. The state then can offer evidence of prior crimes to prove intent at the time of the charged offense.

Lafayette never denied having sex with the woman, C.E., but claimed it was consensual.

Lafayette filed a pre-trial motion to prevent the admission of his prior conviction and the court took it under advisement. It then allowed the evidence after determining Lafayette placed his intent at issue when he attacked the credibility of his accuser on the issue of her consent and the court found it was relevant to determine whether he possessed the requisite intent to rape his victim.

Neither state appellate court has addressed the question of whether challenging the credibility of a prosecuting witness in a rape case on the issue of consent puts the defendant's intent at issue. But Indiana precedent dictates the use of the defense of consent in a rape prosecution isn't, standing alone, enough to trigger the availability of the intent exception, wrote Justice Frank Sullivan.

"When a defendant questions the credibility of the prosecuting witness, we believe that the defendant does no more than advance that consent defense," he wrote. "...If a defendant's intent were placed at issue by the questioning of the prosecuting witness's credibility, then the defendant is effectively precluded from exercising the right to confront a witness's credibility at all."

The Supreme Court also agreed with Indiana Court of Appeals Judge Terry Crone, who wrote the majority opinion for that court, that a defendant's assertions that an alleged rape victim consented to sex doesn't present a claim of particular contrary intent for purposes of triggering the intent exception to Evid. R. 404(b), wrote Justice Sullivan. The justices also agreed with Judge Crone that the prior attempted rape conviction wasn't admissible because it wasn't relevant to prove the victim consented to having sex with Lafayette.

The admission of this evidence wasn't a harmless error and requires Lafayette's conviction be reversed, the high court determined.

"Indeed, on review of the record, one is left with the unmistakable and forbidden impression that because the defendant was convicted of attempted rape in 1997, he must have raped C.E. in 2007," Justice Sullivan wrote.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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