Sexual Abuse – Incapacitated Victim; Mens Rea

Where a defendant who was convicted of sexual abuse of an incapacitated person requested a jury instruction that required a finding that the defendant have knowledge not only of the fact that he is engaging in a sexual act but also that the victim is incapacitated, the mens rea element of the offense has recently been held to require such a finding, so the denial of the instruction requires reversal and remand. Judgment is reversed and remanded.

11-3039 U.S. v. Rouillard, appealed from District of Nebraska, per curiam