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Judges reverse felony sexual battery conviction

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Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.

In Mitchell A. McCarter v. State of Indiana, No. 26A04-1106-CR-409, Mitchell McCarter struck up a conversation with a teenage girl in Wal-Mart. He led her to believe he was a police officer and told her he could keep her out of trouble. The teen’s friend had tried to shoplift from the store and was being detained at the time McCarter began talking to the teen. He tried to get her to sit in his car and talk and got her to give him a kiss on the cheek. When she kissed him, McCarter grabbed her closer and tried to kiss her and put his hands on her and grabbed her buttocks.

He appealed his conviction of Class D felony sexual battery, arguing that force – which is needed to convict someone of the charge – wasn't proved because the teen was never afraid and he didn’t use force in his interaction with her.

The judges found the state didn’t prove the element of whether D.H. perceived she was compelled to submit to the groping through force or the threat of force, so they reversed his conviction. But there is enough evidence to support a lesser charge. The COA ordered the trial court enter a judgment for Class B misdemeanor battery and resentence McCarter.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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