McCarter v. State
2012 Ind. App. LEXIS 45
| Ind. Ct. App. | 2012Background
- McCarter appeals a bench-trial conviction for sexual battery, a Class D felony.
- The victim was a 16-year-old, D.H., at Walmart in Princeton on March 22, 2011.
- McCarter identified himself as a police officer but was not one; he was a Walmart employee.
- They walked outside and went to a dimly lit area; he touched her buttocks after a kiss request.
- D.H. told him to stop; he withdrew and left, allegedly angrily claiming she would receive a letter in the mail.
- The trial court convicted McCarter of sexual battery and sentenced him, while acquitting impersonation of a public servant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves compulsion by force or threat | McCarter | McCarter | Insufficient; no force or imminent threat proven; reversal justified |
Key Cases Cited
- Tobias v. State, 666 N.E.2d 68 (Ind.1996) (victim perspective governs force presence; may infer force from circumstances)
- Bailey v. State, 764 N.E.2d 728 (Ind.Ct.App.2002) (force may be implied from circumstances; victim's perspective considered)
- Smith v. State, 678 N.E.2d 1152 (Ind. Ct. App.1997) (lack of voluntary consent alone not enough; need compulsion by force/threat of force)
- Ingram v. State, 718 N.E.2d 379 (Ind.1999) (single advance not automatically sufficient without clear threat of force)
- Chatham v. State, 845 N.E.2d 203 (Ind.Ct.App.2006) (fear evidence relates to force/ Threat, not to intent of act)
- Merritt v. State, 829 N.E.2d 472 (Ind.2005) (strict construction of sexual battery statute; compulsion element cannot be read out)
- Mask v. State, 829 N.E.2d 932 (Ind.2005) (statute construed strictly against State)