Pastor accused of having sex with intellectually limited woman won't be charged, attorneys said | News | The Advocate — Baton Rouge, Louisiana

 I find it fascinating that there are individuals defending this pastor's actions or more aptly his inaction.  Legal technicalities aside for the moment - she was not disabled "enough" to be unable to consent - this "man of god" will offend again.  

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,,,.  That means it’s perfectly legal in Louisiana to use a disabled person with the mental capacity of a small child, in order to gratify yourself sexually, as long as the victim doesn’t physically resist.

Only time will tell concerning his guilt or innocence 

What galls me, regardless of guilt/innocence or whether this series of events even took place, is nothing has been changed concerning this law.  A child in an adult body, a perfect victim; the law needs changed.

A Baton Rouge pastor accused more than a year ago of raping an intellectually limited 20-year-old woman at the behest of her father will not be charged, a prosecutor and the pastor’s attorney said Thursday.

David “Scott” Lemley, pastor of New Harmony Baptist Church on Antioch Road, had told sheriff’s investigators that the woman was prone to making up stories for no reason.

[,,,]
The provision of Louisiana’s aggravated rape statute under which Lemley was arrested, she noted, states that the crime occurs when the victim is prevented from resisting the act “because the victim suffers from a physical or mental infirmity preventing such resistance.”
 
Lemley’s arrest warrant says the woman has the mental capacity of a 7-year-old, but Bernie said the woman’s intellectual limitations do not rise to the level cited in the aggravated rape statute.

Because prosecutors did not believe they could prove the crime of aggravated rape beyond a reasonable doubt, Bernie said the only fair thing to do was to not charge Lemley.
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“He’s just looking forward to resuming his life. His faith has been tested. He has emerged stronger. Thankfully, his church has stood with him.”

Marcantel said Lemley is still pastor of the church.

Lemley found himself accused of rape after he and his wife opened up their home to the woman and her father because the two were facing challenges, Marcantel explained.

“They were trying to be good Christians,” he said.

The arrest warrant alleged Lemley had sex with the woman after her father told her to do so because the pastor’s wife had been ill and bedridden, but Marcantel said Lemley denied having sex with the woman.

Pastor accused of having sex with intellectually limited woman won't be charged, attorneys said | News | The Advocate — Baton Rouge, Louisiana