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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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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