No Charges For Pastor Who Raped Mentally Disabled Woman, Thanks To Louisiana Law

[KamaAina]

http://www.addictinginfo.org/2015/05/18/pastor-david-scott-lemley-louisiana-rape-law-video/

A Louisiana pastor will not face charges of rape, after allegedly having sex with an ‘intellectually limited woman’ on multiple occasions, at the request of her father.

According to The Advocate, the 20-year-old victim has the mental capacity of a seven-year-old child. The girl’s father was arrested in November 2013 on multiple sex charges, including aggravated rape. Although he confessed to police that he had sex with his own intellectually impaired child, he was not convicted on any charges related to that. Instead he plead guilty to a lesser charge of ‘cruelty to a juvenile.’ The victim’s father served a minimal jail sentence and is currently out on probation.

Pastor David ‘Scott’ Lemley was arrested in March of 2014, following an investigation into allegations that the girl’s father also told her to have sex with him, because his wife is ‘ill’ and ‘bedridden’....

In the state of Louisiana, a disabled victim must have a disability that prevents the person from being able to resist, in order for prosecutors to bring charges of aggravated rape. Although the victim has the mental age of a seven-year-old, state law says that if she did not resist her rapist, or was not so severely impaired that she could not resist her rapist, then no crime was committed.

[randys1]

1. Fascism smells like this

[Arkansas Granny]

2. That is sickening. What's the difference between this and human trafficking?

And how does an adulterous preacher figure he's been vindicated by god? This is just wrong on so many levels.

[Initech]

3. Completely disgusting.

[Politicalboi]

4. Is Bill Cosby moving to LA

"State law says that if she did not resist her rapist, or was not so severely impaired that she could not resist her rapist, then no crime was committed."

Land of Diaper Dave Vitter.

[madashelltoo]

5. America does not have one moral leg to stand on

when they call other countries barbarians. We pay our women less than men, discriminate against them, control their bodies as much as possible, allow them access to freedom and harass them and yes, rape and beat them. But, we let them bathe, shop and drive. Please, America. Please.

Jail is too good for this cretin. Disgusting.

[Tierra_y_Libertad]

6. I can't help but wonder what would have happened if the Pastor had been a Mullah.

A Catholic priest? Shaman? Guru?

[KamaAina]

14. In Louisiana, a Catholic priest would also have been given the kid-glove treatment.

[Jefferson23]

7. This has to be remedied and it is beyond comprehension how advocates have not been

able to change this hideous law. Omg, I am almost afraid to ask, where is this young
woman now? I did not see any mention of that in the OP.

[Aerows]

8. The true sin

in this world is religion - which produces such depraved and evil deeds, usually committed by its most fervent followers, and excused by its tenants.

"Forgive me, I have sinned" doesn't fucking cut it, but is always invoked with tears for themselves - never their victims.

[hifiguy]

12. The deathbed conversion is the ultimate get ouf of hell free card

"I was a greedy, selfish, cruel monster my whole life, but now I LUVS YA, JEBUS!!" OK, you're forgiven.

Religion is an active evil in many cases and was, as Twain observed, invented when the first con man met the first fool.

[historylovr]

9. I don't know whether to cry or throw something.

Maybe both. Sick, sick maggots. Sick, sick law. Arrgh!

[bullwinkle428]

10. If he was an Imam, they'd figure out a way to charge him.

[hifiguy]

11. That is absolutely morally revolting on every possible level.

I'm just surprised there wasn't a "clergy exception" in the name of "religulous freedom." That's probably next.

[Make7]

13. Louisiana State Law RS 14:42 - Aggravated rape

[div class="excerpt" style="margin-left:1em; border:1px solid #bfbfbf; border-radius:0.4615em; box-shadow:-1px -1px 3px #bfbfbf inset;"]§42. Aggravated rape

[div style="margin-left:2em;"]A. Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

(1) When the victim resists the act to the utmost, but whose resistance is overcome by force.

(2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.

(3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.

(5) When two or more offenders participated in the act.

(6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

B. For purposes of Paragraph (5), "participate" shall mean:

(1) Commit the act of rape.

(2) Physically assist in the commission of such act.

C. For purposes of this Section, the following words have the following meanings:

(1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.

(2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.

D.(1) Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

(2) However, if the victim was under the age of thirteen years, as provided by Paragraph A(4) of this Section:

(a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

(b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

https://www.legis.la.gov/Legis/Law.aspx?d=78529

[kcr]

15. Yes, that matches what the OP says n/t