Consent not defense in battery case

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.