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-1- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION STATE OF SOUTH CAROLINA ) ) Plaintiff ) ) v. ) Civil Action No. ) ) DERK JOHNSON ) ) Defendant ) ******************** COMPLAINT: (JURY TRIAL DEMANDED) Comes now the public prosecution and unto this Honorable Court, respectfully, submits this memorandum and states: STATEMENT OF THE CASE: The prosecution, through the undersigned, charges Derk Johnson with the crime of Rape of Inga Smithhaven, hereinafter “Victim”, Defendant Derk Johnson, hereinafter, “Defendant,” Victim went to a bar on Hilton Head Island at 9:00 p.m. for a birthday celebration. The boyfriend of the victim’s friend, Al, arrived at the bar, accompanied by his friend, the Defendant, whom the Victim did not know. The four agreed to go to Al’s house, where the victim consumed two more beers. Abby, the victim’s friend and Al noticed that the Victim seemed incoherent when she laid down on the living room couch around 1:00 a.m., which is when Abby and Al retired for the night. At the time, the Defendant was lying down on the floor. The Victim is expected to testify that she does not remember what happened from the time that she arrived at Al’s house until the time when
-2- she noticed that she was lying on the floor with the Defendant on top of her, engaging in sexual intercourse. The Victim then pushed the Defendant off and screamed for Abby and Al, who took the Victim to the hospital. FACTS: The relevant facts for purposes of this memorandum are essentially set forth in the presentation of the issue, above. SOUTH CAROLINA STATUTORY LAW: South Carolina defines sexual battery as sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes. Aggravated force is defined as that the actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon. Mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance or from some other cause. Physically helpless is defined as a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. Mentally defective is defined as a person that suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct. Victim is defined as the person alleging to have been subjected to criminal sexual conduct.  For purposes of this case, South Carolina law that is applied states that “an act of
-3- sexual penetration accomplished with any person” when “the victim is incapable of giving consent because of any intoxicating agent.” DISCUSSION: