Detectives investigating a complaint by the girl’s mother charged Don McDaniel, 64, of 7137 Angus Drive in Zachary, with one count of aggravated rape.
Louisiana law (La R.S. 14:42) lists aggravated rape as:
A. Aggravated rape is a rape committed upon a person 65 years of age or older or where anal, oral or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
• When the victim resists the act to the utmost, but whose resistance is overcome by force.
• When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
• When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
• When the victim is under the age of 13. Lack of knowledge of the victim's age shall not be a defense.
• When two or more offenders participated in the act.
• When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
No details have been released on McDaniel's charges in efforts to protect the young victim and her family.
The police chief said McDaniel has admitted to the allegations.
McDaniel was transported and booked into East Baton Rouge Parish Prison Monday, Oct. 22, McDavid said.
According to EBR Sheriff's Office booking records, his bail was set at $250,000.