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Sunday, May 18, 2014

Ind. Courts - "Indianapolis man convicted of raping his sleeping wife sentenced to 8 years home detention"

Kristine Guerra reported the story May 16th in the IndyStar. Some quotes:

The sentence on 52-year-old David Wise, which came about two weeks after a jury trial late last month, is far more lenient than the minimum punishment on the crimes of which he was convicted. After a two-day trial and several hours of deliberation, the jury found Wise guilty of one count of rape and five counts of criminal deviate conduct — all of which are Class B felonies, each punishable by six to 20 years in prison. * * *

Wise was charged in 2011, after the woman told police that she had found sex videos of her on her now ex-husband’s cellphone. The woman, 36, said she has no memory of the sex, of consenting to it or of the videos being taken. * * *

Marion Superior Court Judge Kurt Eisgruber imposed a 20-year sentence, with 12 years suspended and eight years executed through home detention. Wise also will be on two years of probation, after the home detention is completed. In Indiana, a person on home detention is placed on a monitoring device and should be on constant supervision. * * *

Wise, who has no prior convictions, was married to the woman for 12 years. They were divorced in 2009.

In her testimony during a two-day trial last month, the woman said she had awoken several times when she was married to Wise feeling like her body had been “messed with.” She told detectives she believed Wise had been drugging her since 2005. At one point, according to court documents, she said she woke up in the middle of the night with a pill dissolving in her mouth.

The assaults, based on the dates on the smartphone videos, happened in 2008. The woman went to police in 2011 with a copy of the videos. In her testimony in court, the woman said she didn’t come forward sooner because she didn’t want her two children, a son and a daughter, to grow up without a father.

Unlike most cases that are reported long after the alleged acts occurred, the woman’s story is backed by video evidence, which, experts say, is a rarity among sexual assault cases that often rely solely on the victim’s word against the word of the defendant.

Posted by Marcia Oddi on May 18, 2014 01:25 PM
Posted to Indiana Courts