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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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