indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
8th Circuit issues conflicting decisions in sexual assault cases

Filed Under: Law
More on: 8th circuit, abuse, crime, nebraska, santee sioux, south dakota, yankton sioux
     

The 8th Circuit Court of Appeals issued conflicting decisions in two Indian Country sexual assault cases on Thursday.

James Bruguier was charged with sexual abuse of an incapacitated person for an incident on the Yankton Sioux Reservation in South Dakota. Larry Rouillard was charged with a similar crime for an incident on the Santee Sioux Reservation in Nebraska.

In both cases, the defendants were charged under a section of federal law that makes it a crime for a person to "knowingly" engage in sexual activity with someone who is mentally or physically incapacitated. But the judges that heard each appeal reached a different conclusion on the meaning of the law.

In Bruguier's case, the 8th Circuit said he "knowingly" engaged in a sexual act with an incapacitated person. The conviction against him was upheld.

But in Rouillard's case, the court said the law requires a "defendant’s knowledge that the other person was incapacitated." The conviction was dismissed and a new trial was ordered.

The conflict could be resolved by an en banc panel of the 8th Circuit.

8th Circuit Decisions:
US v. Bruguier (December 13, 2012)
US V. v. Rouillard (December 13, 2012)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Interior nominee Ryan Zinke heads toward confirmation in Senate (2/28)
David Ganje: Wetlands management still a mess in United States (2/28)
Peter d'Errico: Yankton Sioux Tribe battles Dakota Access in court (2/28)
Acoma Pueblo in agreement to host $160M medical greenhouse (2/28)
Supreme Court turns down another tribal disenrollment dispute (2/27)
Sioux Nation citizens seek to join Dakota Access Pipeline lawsuit (2/27)
Dakota Access files another status update on construction work (2/27)
Trump team gets more time in Supreme Court tribal casino case (2/27)
Former top legal official at Interior Department joins firm in D.C. (2/27)
Trump administration rolls over for energy firms on Indian land (2/27)
Tim Giago: Lack of a free press is nothing new in Indian Country (2/27)
Bill John Baker: Cherokee Nation works to protect our resources (2/27)
Mark Trahant: The story of Standing Rock won't be going away (2/27)
Jenni Monet: Tribes continue fight as #NoDAPL camps evicted (2/27)
Victor Swallow: Making dresses out of flour sacks at Pine Ridge (2/27)
Albert Bender: The war against Dakota Access can still be won (2/27)
Tiffany Midge: Welcome to America's greatest amusement park (2/27)
Darren Bonaparte: Mohawk people have long history with borders (2/27)
Kyle Mays: Indigenous and African people can find common ground (2/27)
New York Times returns to Navajo Nation for another rez ball story (2/27)
Connecticut tribes finally settle on location for 3rd potential casino (2/27)
Prairie Island Indian Community puts casino name on new project (2/27)
Standing Rock Sioux Tribe blasts Trump claim of 'constant contact' (2/24)
Cheyenne River Sioux Tribe calls out Trump 'lies' on Dakota Access (2/24)
Native Sun News Today: Pine Ridge residents worried about water (2/24)
Editorial: Shutting down Whiteclay won't address our addictions (2/24)
Ivan Star Comes Out: Indigenous people still struggle in America (2/24)
Steve Russell: To all the indigenous writers being born out there (2/24)
Connecticut tribes plan to announce site for potential new casino (2/24)
Cheyenne River Sioux Tribe slams Trump for lack of consultation (2/23)
Native Sun News Today: Tribes asked to participate in 'land grab' (2/23)
Mark Trahant: A victory on Indian health from Washington state (2/23)
James Giago Davies: We've become too proud of our ignorance (2/23)
Cronkite News: Plant closure impacts Hopi and Navajo workers (2/23)
Peter d'Errico: Book is yet another in series of genocide deniers (2/23)
Tanya Lee: Republicans run amok as America focuses on Trump (2/23)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.