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https://bloximages.chicago2.vip.townnews.com/nwitimes.com/content/tncms/assets/v3/editorial/a/d6/ad697129-443e-5455-a829-00a12908d48d/6019b928d3deb.image.jpg

CROWN POINT — A judge accepted a man's plea agreement Wednesday and sentenced him to five years of probation for the gang rape of an intoxicated woman more than seven years ago at a party in Merrillville.

Ajahn D. Batty, 28, of Gary, told Lake Criminal Court Judge Natalie Bokota he didn't understand, when he confessed to police in 2018, his actions amounted to rape.

"It took a long time for me to understand that my actions had fallen under the umbrella of rape," he said. "I understand my actions were out of line. I only wish to move forward."

The woman at the center of the case shared Batty's desire to move forward, and it was because of her position that the state offered a plea agreement that didn't include prison time, Lake County Deputy Prosecutor Nadia Wardrip said.

"This victim has gone through so much trauma as a result of this," Wardrip said. "She is in a different place in her life."

Justice for the woman was many years in the making, and Wardrip did not want to retraumatize the woman by forcing her to return to Lake County to testify against Batty and his co-defendants.

The woman told Merrillville police in September 2014 she was raped by three men at a house party, but charges were not filed until the Lake County prosecutor's office reopened hundreds of cases and directed Region police departments to submit any
untested rape kits for DNA analysis.

Analysis of the woman's rape kit led police to Batty and his co-defendants, Joshua W. Shipp and David G. Werner. All three men were charged in September 2018.

Shipp and Werner have pleaded not guilty, and their cases remain pending.

Batty admitted he, Shipp and Werner were playing drinking games with the woman, who became too intoxicated to consent to sex.

The woman told police the game involved her removing clothing when she drank, according to charging documents. She alleged Shipp sexually assaulted her in his room, Werner brought her into his room and sexually assaulted her and Batty then came into
Werner's room and raped her.

Lake County prosecutor's initiative to review glut of untested rape kits leads to charges against three men for 2014 sexual assault
Defense attorney Andreas Kyres said Batty was grateful for the plea agreement and understood it's rare for a defendant to receive a sentence for rape that is suspended in favor of probation.

"I know he's going to do well on probation because he's lived a law-abiding life," Kyres said.

Bokota said the law is clear that he's guilty if he knew or should have known that his actions amounted to rape.

It's incomprehensible why Batty would think his actions didn't amount to rape, and what he did was wrong and abhorrent, the judge said.

"I can only take you at your word," Bokota said. "I hope you're a better man as you stand here today."

Batty will be required to register as a sex offender for life.

Bokota granted his request to visit with two underage female relatives during his term of probation.

https://www.nwitimes.com/news/local/crime-courts/man-says-he-didnt-understand-sex-when-woman-couldnt-consent-was-rape/article_9a63660a-5585-5778-88e3-7d42facd3efd.html

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