ILNews

Consent not defense in battery case

Back to TopE-mailPrintBookmark and Share

Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.

In Morgan K. Govan v. State of Indiana, No. 02A03-0902-CR-55, Morgan Govan argued there was insufficient evidence to support his convictions because the charges arose out of sadomasochistic sexual practices to which his girlfriend consented. After she lied to Govan about cheating on him, she allowed him to tie her up and testified that she wanted him to hurt her. After touching her with a hot knife and hitting her on the back with an extension cord, she locked herself in the closet and tried to kill herself. After she failed, she told Govan she needed to get her paycheck. He drove her to work where she called police and stayed inside until Govan was in custody.

Both Govan and his girlfriend admitted they liked to do kinky things during sex, and he argued he branded and hit her because she asked him to.

The Court of Appeals cited Jaske v. State, 539 N.E.2d 14, 18 (Ind. 1989), in which the high court held a victim's consent is not a defense to battery, and Helton v. State, 624 N.E.2d 499, 515 (Ind. Ct. App. 1993), when the appellate court found there could be some instances where consent could be a defense to the charge of battery. The ruling noted that consent is ordinarily a defense to the charge of battery in cases involving sexual overtones; it also listed the circumstances in which consent couldn't be defense to battery, including when the use of a deadly weapon is employed.

Even though the instant case has sexual overtones, because Govan used a deadly weapon, his girlfriend's consent isn't a defense, wrote Judge Nancy Vaidik. The jury was free to conclude based on the evidence that the girlfriend didn't consent to being beaten with the extension cord or branded with a hot knife, so the appellate court declined to determine whether Govan's actions fell under any of the other Helton categories.

"In such a highly charged domestic case as this, the jury is in the best position to make credibility determinations. We will neither reweigh evidence nor assess witness credibility," she wrote.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

ADVERTISEMENT