LIMA — A 21-year-old Lima man indicted last year by an Allen County grand jury on charges of rape and sexual battery on Wednesday pleaded guilty to lesser charges.
Cody Fuller will be sentenced next month after entering pleas to fourth-degree felony charges of gross sexual imposition. The charges stem from what police said was Fuller’s unwanted sexual encounter with a woman occurred at a Lima residence. The indictment alleged Fuller “did engage in sexual conduct with another … when the other person’s ability to resist is substantially impaired because of a mental or physical condition.”
He was indicted in August 2017 on charges of first-degree felony rape and sexual battery, a felony of the third degree. In pleading guilty to the lesser charges, Fuller faces a maximum term of 36 months in prison when he is sentenced Oct. 17. Judge David Cheney said state law does not mandate a prison term for the offenses. Fuller will be labeled a Tier I sex offender and will be required to register as such annually for the next 15 years.
According to a police summary of the case, the victim walked from her home to Fuller’s house at 807 Maplewood Drive on the night of July 16, 2017. The female reportedly spent time with the defendant and his father that evening and then elected to spend the night, as she had done on previous occasions, according to the police report.
The victim told investigators she went upstairs and fell asleep wearing her pants and shirt while Fuller and his father remained downstairs. At around 4 a.m., the victim told detectives, she awakened to find Fuller in bed with her but with a space between the two. Some four hours later, the victim alleges, she awoke again. This time her pants were off and Fuller was on top of her and was having sex with her.
Fuller told police the sex was consensual because the victim “said it was okay in her sleep.” Fuller admitted to investigators that he had sex with the woman and “continued after repeated requests for him to stop,” according to court records.
Reach J Swygart at 567-242-0464.