Floyd Leroy Laughlin v. United States

Appellant was tried and convicted by a jury of rape within the boundaries of a National Park. The victim was an unmarried twenty-six year old registered' nurse, who was married at the time of the trial. The case was tried before the jury on the theory of mistaken identity— that while the appellant had driven past the scene of the crime within the park, he had not participated in it. Because of the appellant’s previous record involving sex crimes against minors, appellant’s counsel thought it best, as a matter of trial strategy, not to have appellant take the stand.

In argument to the jury, appellant’s counsel said: “There is no question of the sufficiency of the evidence as to rape. The question is by whom?”

During the trial, when certain articles of the victim’s clothing were offered in evidence, appellant’s counsel objected, saying there was no contest as to the fact that rape had occurred.

On appeal, appellant’s counsel (not counsel below) urges there was no proof of the essential elements of rape, i. e., (1) no proof that penetration occurred, and (2) no proof that the rape was by force or against the victim’s will.

The victim testified there had occurred an act of sexual…