Ball v. State
2011 Ind. App. LEXIS 675
| Ind. Ct. App. | 2011Background
- Ball was convicted of sexual battery (Class D felony) after a jury trial, challenging the sufficiency of the evidence.
- Dozier was sleeping when Ball kissed her; she awoke and told him to stop.
- The information charged sexual battery under the mental disability/deficiency prong; trial arguments framed around that prong.
- The trial court instructed on the statute and denied Ball's motion for directed verdict.
- On appeal, the court held that sleep is not equivalent to mental disability/deficiency and reversed the conviction, remanding for entry of a battery (Class B misdemeanor).”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does sleep constitute mental disability or deficiency under the sexual battery statute? | Ball contends sleep is not mental disability/deficiency. | State contends asleep victim cannot consent, supporting the mental disability/deficiency prong. | No; sleep is not mental disability/deficiency; conviction reversed; remanded for battery. |
Key Cases Cited
- Chatham v. State, 845 N.E.2d 203 (Ind.Ct.App.2006) (insufficient force/consent evidence for sexual battery; remanded for battery)
- Scott-Gordon v. State, 579 N.E.2d 602 (Ind.1991) (guides interpretation of force/consent prong)
- Gale v. State, 882 N.E.2d 808 (Ind.Ct.App.2008) (mental state include intoxication; expanded mental disability/deficiency)
- Becker v. State, 703 N.E.2d 696 (Ind.Ct.App.1998) (unawareness prong defined by unconsciousness)
- Glover v. State, 760 N.E.2d 1120 (Ind.Ct.App.2002) (unconsciousness due to intoxication supports unawareness prong)