VICTIM WAS PASSED OUT
A Platte County jury has convicted a Fort Wayne, Indiana man of rape in the second degree for having sex with a 20-year-old woman while she was passed out.
Christopher John Heath was found guilty on May 22 at the conclusion of a four-day jury trial.
Platte County Prosecuting Attorney Eric Zahnd said, “Having sex with someone who is unable to consent is a crime. This victim had the courage to speak out, and the jury answered her call for help.”
At trial, prosecutors proved that the victim, Heath, and a group of others had gone to a winery and a bar on May 14, 2021.
When the victim returned to her step-mother’s house, she eventually went to bed in an upstairs bedroom. Her step-mother checked on her, and found her sleeping heavily.
The victim later awoke to Heath asking, “Do you know who I am?” while he was on top of her, having sex with her.
The victim got away from Heath and locked herself in another bedroom for the rest of the night. She reported the crime to authorities the next day.
Heath’s DNA was found on sheets taken from the victim’s bed.
Heath faces up to seven years in prison. He is currently being held in lieu of a $100,000 cash bond. He is scheduled to be sentenced by Judge Megan Benton on Aug. 8.
Zahnd said, “While DNA helped prove this defendant was in the victim’s bed, this case turned on the victim’s compelling testimony. Sex crimes happen behind closed doors, and this jury believed the victim when she told them the truth about what happened to her.”
The case was investigated by the Platte County Sheriff’s Department. It was tried by assistant prosecuting attorneys Justin Kalwei and Lynnette Lockhart.
