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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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