Appealed from the Monroe City Court Parish of Ouachita,
Louisiana Trial Court No. 2018J00020 Honorable Aisha S.
NEWMAN, OLIVEAUX & MAGEE, LLP Todd G. Newman Counsel for
S. TEW District Attorney Counsel for Appellee, State of
CHARLOTTE FARSHIAN Assistant District Attorney
WILLIAMS, STONE, and McCALLUM, JJ.
juvenile, W.A.P., was adjudicated a delinquent youth for the
offense of third degree rape, a violation of La. R.S. 14:43.
The disposition was to commit him to the Louisiana Office of
Juvenile Justice (OJJ) for three years, with all but one
month suspended to be served in an unsecure facility, and
three years of supervised probation. W.A.P. now appeals. For
the following reasons, we affirm.
record shows that on September 16, 2017, around 8:00 p.m.,
L.B., a 15-year-old high school student, attended a party
with three of her friends. The party was held at a residence
in Monroe, Louisiana. During this teenage party, the
homeowners discovered there was alcohol present and
threatened to call the police. Some of the teenagers in
attendance walked from the backyard of the house to an
adjacent park, where they continued to drink. L.B. later
admitted to consuming two bottles of hard lemonade, which she
took from home, and unknown alcohol "off the table in a
bowl" at the party. At some point, L.B.'s friends
were unable to find her and began looking for her in the
park. L.B. was found lying on the ground in the park, with
W.A.P. seen fixing his shorts and running away snickering and
yelling about having sex. L.B.'s friends helped her get
up, located her phone and her shoes. As they were walking
back from the park, a friend noticed blood on L.B. and asked
what happened. L.B. began to cry and explain that she said no
many times, but W.A.P. did not stop. L.B. called her mother,
who came immediately to pick her up from the scene.
arriving home, L.B.'s mother took photographs, but due to
the continuous bleeding her mother took her to St. Francis
Hospital. Once at the hospital, L.B. was seen by a S.A.N.E
(Sex Assault Nurse Examiner) nurse, who noted lacerations of
the girl's vaginal area. An emergency room physician
evaluated L.B. to determine if surgery or anything else
needed to be done due to the girl's injuries and the
excessive amount of blood loss. L.B. was released from the
hospital the next day and four days later, she saw Dr. Meade
O'Boyle, a pediatrician board certified in child abuse
and neglect. L.B. was also interviewed by Monroe Police
Detective Stephen Snowberger.
January 2018, the state filed a petition to declare W.A.P. a
delinquent, alleging third degree rape (La. R.S. 14:43).
W.A.P. was arraigned and entered a denial. The state later
filed an amended petition to declare W.A.P. a delinquent,
alleging that he committed third degree rape by having
vaginal sexual intercourse without lawful consent of the
victim contrary to the provisions of R.S. 14:43. In August
2018, at the close of evidence, the trial court adjudicated
W.A.P. a delinquent for the offense of third degree rape.
disposition hearing, the trial court noted its review of the
predisposition investigation (P.D.I.) and the recommendation
of the OJJ. The trial court ordered that W.A.P.'s
disposition was commitment to OJJ for a period of three
years, all but one month suspended and to be served in a
non-secure detention center. The trial court also placed
W.A.P. on three years of supervised probation with
conditions, including a curfew, completion of sexual offender
therapy, no contact with the victim and no unsupervised
access to the internet or to social media. This appeal
three assignments of error, W.A.P. contends the evidence was
insufficient to support his conviction. W.A.P. first argues
that the trial court erred in finding that L.B. was in a
stupor or abnormal condition of mind because evidence showing
the mere ...