Ian J. Marietta v. State of Indiana

── Ian J. Marietta v. State of Indiana ── Case No.: 24A-CR-00387 Court: Indiana Court of Appeals Date: November 25, 2024 Author: Judge Dana Kenworthy County of Origin: Elkhart Category: Criminal Decision: Affirmed Judge Felix and Judge DeBoer concur In fall 2022, then sixteen-year-old Marietta raped his fourteen-year-old halfsister, H.D, by pulling down her pants and underwear and “penetrat[ing] her vagina with his penis” while she was sleeping. Appellant’s App. Vol. 2 at 9. H.D. reported the incident a few months later. During a subsequent interview with police, Marietta admitted he “got these feelings and went on top of [H.D.]” and “stuck his penis in [H.D.’s] vagina.” Id. The State charged Marietta as an adult with Level 3 felony rape for knowingly having sexual intercourse with H.D.