An East Baton Rouge grand jury indicts a 17-year-old with first and third-degree rape in the Madison Brooks case. Authorities allege four males were involved in raping the 19-year-old LSU student before she died last month . Legal analyst Franz Borghardt says a first-degree rape conviction carries a life sentence.
“First-degree rape is when you have multiple individuals raping someone at the same time and that’s going to be a little bit more problematic in this set of facts,” said Borghardt.
The 17-year-old defendant will also be tried as an adult and has been identified as Desmond Carter from Walker.
Borghardt says it’s easier for prosecutors to convict Carter on third-degree rape, which occurs when the victim does not consent because they were too impaired. He says first-degree rape is harder to get a conviction, but it could still work in the D-A’s favor.
“Maybe what the D-A’s office is thinking there is leverage, charging with the higher charge, so possibly there could be a plea to a lower charge,” said Borghardt.
A grand jury has yet to hand down indictments against Carter’s three co-defendants. East Baton Rouge Deputies have charged 18-year-old Kaivon Washington with third-degree rape while two other men face charges of principal to three-degree rape.
Carter is represented b the East Baton Rouge Public Defender’s Office and Borghardt says it’s appropriate for him to be tried as an adult based on his age and the charges he faces.
“It’s not a surprising development they are trying him as an adult,” said Borghardt.
Attorneys for the men charged say the sex was consensual
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