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Appellate court overturns sexual battery conviction

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The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.

In Kevin B. Perry v. State of Indiana, No. 30A01-1107-CR-327, Kevin Perry invited his teenage son’s girlfriend and two of her friends over to his house while his son wasn’t there. He gave them alcohol and later got into bed with his son’s girlfriend. Without her consent, he inserted his fingers into her vagina and rubbed his penis on her buttocks. He was charged and convicted of Class D felony sexual battery.

Although the evidence can support a battery conviction, it can’t support one for sexual battery because the evidence doesn’t show that the girlfriend was compelled to submit to the touching by force or imminent threat of force, wrote Judge John Baker.

“We do not mean for our holding and reasoning in this case to be construed as approval for Perry’s actions. Indeed, we find the fact that he invited underage girls to his house, furnished them with alcoholic beverages, and then invasively touched one of them to be quite repulsive,” he wrote.

Because the evidence supports the Class B misdemeanor battery conviction, the judges ordered the trial court to enter the conviction as the misdemeanor and sentence Perry to 180 days incarcerated with 90 days suspended.

 

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  1. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

  2. This ruling has no application to Indiana. The tail end of the article is misleading where it states criminal penalties await those who refuse a test. This is false. An administrative license suspension is what awaits you. No more, no less.

  3. Yellow journalism much??? "The outcome underscores that the direction of U.S. immigration policy will be determined in large part by this fall's presidential election, a campaign in which immigration already has played an outsized role." OUTSIZED? by whose standards? Also this: "In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help immigrants a friendlier reception." Ah, also, did you forget an adjective at the *** marks ahead by any chance? Thinking of one that rhymes with bald eagle? " In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help *** immigrants a friendlier reception."

  4. Definition of furnish. : to provide (a room or building) with furniture. : to supply or give (something) to someone or something. : to supply or give to (someone) something that is needed or wanted. Judge Kincaid: if furnish means provide, and the constitution says the provider in a uni is the township, how on earth are they seperated??

  5. I never filed a law suite. I had no money for a lawyer. In 2010 I presented for MRI/with contrast. The technician stuck my left arm three times with needle to inject dye. I was w/out O2 for two minutes, not breathing, no ambulance was called. I suffered an Embolism ,Myocardia infarction. Permanent memory loss, heart damage. After the event, I could not remember what I did five seconds earlier. I had no-one to help me. I lost my dental hygiene career, been homeless, etc.

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