APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 13-80, DIVISION
"J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Gail D. Schlosser Rachel L.
Africk Lynn Schiffman.
COUNSEL FOR DEFENDANT/APPELLANT, SIMON A. SHOKR Prentice L.
DEFENDANT/APPELLANT SIMON A. SHOKR In Proper Person.
composed of Susan M. Chehardy, Marc E. Johnson, and Robert A.
AFFIRMED; SENTENCES ON COUNTS ONE AND TWO AMENDED AND
AFFIRMED AS AMENDED; SENTENCE ON COUNT THREE AFFIRMED;
COMMITMENT REMANDED FOR CORRECTION
E. JOHNSON JUDGE.
Simon Shokr, appeals his convictions for aggravated rape,
sexual battery and indecent behavior with a juvenile on the
basis there was insufficient evidence. For the reasons that
follow, we affirm.
was indicted by a grand jury on February 28, 2013 and charged
with one count of aggravated rape of a minor under the age of
13, in violation of La. R.S. 14:42 (count one); one count of
sexual battery upon a minor under the age of 13, in violation
of La. R.S. 14:43.1 (count two); and one count of indecent
behavior with a juvenile, in violation of La. R.S. 14:81
(count three). The first two counts were alleged to have
occurred between March 2008 and March 2012, when the victim
was between the ages of nine and twelve. The third count was
alleged to have occurred between March 2008 and October 2012,
when the victim was between the ages of nine and thirteen.
Defendant pled not guilty and proceeded to trial on March 2,
2016. A 12-person jury found Defendant guilty as charged on
all three counts.
trial court subsequently sentenced Defendant to life
imprisonment on count one, 50 years on count two, and seven
years on count three, all to be served consecutively. All
three sentences were ordered to be served at hard labor, and
the sentences on counts one and two were imposed without the
benefit of parole, probation or suspension of sentence. The
trial court further imposed a $1, 000 fine on each count.
S.K. was two years old when her
parents divorced in 2001. In the same year, her mother, H.K.,
started dating Defendant and the two moved in together. In
2005, H.K. and Defendant had a son. In October 2012, H.K. and
Defendant split up, but remained friends for the sake of
their son. About one week after H.K. and Defendant split up,
S.K., who was in eighth grade at the time, confided in her
mother that Defendant was doing inappropriate things to her,
but she did not elaborate as to what exactly had happened.
H.K. testified that she took no action because she was in
denial. A few days later, the Department of Child and Family
Services and then the Jefferson Parish Sheriff's Office
contacted H.K. regarding S.K.'s sex abuse allegations.
testified at trial that Defendant, who was a father figure to
her when she was young, started abusing her sometime between
second and fourth grade. She testified that Defendant touched
her and did inappropriate things to her in her bedroom on
many occasions. She explained that Defendant routinely came
into her room, multiple times a week, when her mother was
sleeping and would touch her breasts with his hands or touch
her vagina. S.K. stated that Defendant would make her put her
mouth on his penis and he would sometimes put his mouth on
her breasts and vagina. She indicated that Defendant would
kiss her and put his tongue in her mouth. She further
testified that "one time he stuck his penis in [her]
butt, the tip of it, and it hurt." S.K. stated that
Defendant threatened to kill her with a knife from their
kitchen if she told anyone.
testified that she first disclosed the abuse to two of her
friends when she was in seventh grade, but did not tell any
adults because she knew "something bad would happen if
[she] told." When she was in eighth grade, she confided
in her boyfriend, who encouraged her to tell her mother about
the abuse. Thereafter, S.K. told her mother that Defendant