A man's conviction for sexual battery was reversed by the Indiana Court of Appeals. The man was accused of walking up behind an unsuspecting woman and groping her in the thighs and crotch. The woman immediately turned around and the man ran away. He was arrested and charged with sexual battery, a Class D felony. He was convicted at trial of sexual battery, a Class D felony. He then appealed the conviction arguing that he had not compelled the woman to submit to a sexual touching, as required by the sexual battery statute.
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The Indiana Court of Appeals has reversed a man’s conviction for sexual battery, finding that kissing a sleeping victim does not meet the definition of sexual battery in Indiana. In this case a woman and two men had been watching television. The two men went to purchase more alcohol and the woman fell asleep while they were gone. She awoke to one of the men kissing and licking her face. The man was arrested and charged with sexual battery, a Class D felony. He was convicted at trial and appealed.
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In Indiana, you have the right to use reasonable force to defend yourself or a friend from being attacked or assaulted. You can also use force, including deadly force, to protect your home from unlawful entry. Unfortunately, you may be at risk of being unlawfully arrested for battery or assault, even when you acted to lawfully defend yourself.
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