Law

8th Circuit to clear up conflicting sexual assault case rulings


8th circuit
crime
nebraska
santee sioux
south dakota
supreme court
yankton sioux



The 8th Circuit Court of Appeals will convene an en banc panel next month to clear up conflicting decisions in two Indian Country sexual assault cases.

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 for a similar incident on the Santee Sioux Reservation in Nebraska.

In both cases, the defendants were indicted 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 while Bruguier's conviction was upheld, Rouillard's was thrown out, resulting in a conflict that will be resolved by the 8th Circuit.

Oral arguments were set for Friday April 13 in St. Louis, Missouri, according to a court order that was posted by the On Brief blog.

Depending on the way the en banc panel votes, the cases could end up before the U.S. Supreme Court.

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

Related Stories:
8th Circuit issues conflicting decisions in sexual assault cases (12/14)
Santee Sioux security supervisor convicted of sexual abuse (06/06)
Santee Sioux Tribe hired man facing a sexual abuse charge (04/28)

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