By Liz Shepherd
InkFreeNews

Joshua A. Adamson

WARSAW — The Indiana Court of Appeals has affirmed a rape conviction against Joshua A. Adamson.

Adamson, 40, attempted to appeal a 22-year prison sentence after he raped a teenager in Kosciusko County in May 2021.

During a May jury trial, Adamson was found guilty of rape, a level 3 felony; and a habitual offender enhancement. The jury found him not guilty on two counts of child molestation and two counts of intimidation.

Adamson is currently serving his sentence at the Indiana State Prison, with a projected release date of Sept. 30, 2039.

In his appellant’s brief filed on Aug. 18, Adamson argued the teenager’s testimony was inconsistent and was insufficient evidence to show he raped them. He said the sole evidence presented in court was that testimony, which he stated was “often uncorroborated, inconsistent, and at times not in accord with common experience. (The teenager’s) testimony cannot give rise to these necessary inferences and thus cannot support Adamson’s conviction upon review.”

The brief further states the teenager’s testimony during the trial, and a note the teenager wrote in May 2021 about what Adamson did, are not corroborated.

“The jury found (the teenager) not credible when it came to (their) other allegations against Adamson, when (they) alleged molestation occurred when (their) mother was out of the house, but (they) otherwise cried and screamed for (their mother),” read the appellant’s brief. “Yet, when (their) mother was there for this alleged incident, (the teenager) did not attempt to alert (their) mother.”

He further argued a 22-year sentence was inappropriate for the nature of the offense as well as his character.

The brief states the majority of Adamson’s criminal history is “theft-related misdemeanors and low-level felonies.” It also says most of Adamson’s offenses happened over 10 years ago. Counsel for Adamson also argue there were many statements provided about Adamson’s character in court that speak well about him, and that his incarceration places an undue hardship on two family members he helps care for.

The appellant’s brief requested Adamson’s sentence be reduced and his rape conviction be vacated.

In an appellee’s brief filed Sept. 15, the State of Indiana argued against both of Adamson’s points presented in his appeal.

The brief states the teenager’s testimony on its own is enough to prove Adamson forced them to submit to sexual conduct and that he committed rape. It also mentions the teenager’s significant other, who provided testimony at trial which placed Adamson in the teenager’s bedroom at the time of the incident. The significant other also testified about the teenager’s demeanor, which changed after Adamson entered their room.

“Adamson’s claims are nothing more than an invitation for this Court to reweigh the evidence and judge the credibility of witnesses, which it will not do,” states the brief.

The State further argues Adamson’s sentence is appropriate because of his relationship to the teenager and the position of trust he was in. It also states Adamson’s criminal history includes six previous felony convictions, with only three of those being used to support his habitual offender status. In 2012, Adamson was convicted of domestic battery and intimidation; the teenager’s mother was the victim in that case. He also committed rape against the teenager while on probation for an unrelated offense.

At the trial, the teenager testified they were fearful about Adamson hurting their mother.

“The sentencing range for Adamson’s rape conviction and the habitual offender enhancement was nine to 36 years,” read the brief. “Adamson received a total of 22 years which is the middle of the sentencing range.”

In their memorandum decision, filed on Dec. 18, the Court of Appeals affirmed Adamson’s rape conviction and ruled that his sentence was appropriate.

The Court said the teenager did not contradict themselves while they testified at the trial, arguing that even though their testimony and a note they wrote on their phone about the incident shortly after it happened were not identical, neither were they completely contradictory.

“The events (the teenager) described, sadly, are not incredible, unbelievable, or improbable,” read the decision. “Adamson has not demonstrated (the teenager’s) testimony was incredibly dubious, and we accordingly affirm his conviction of rape.”

The Court also argues that Adamson’s “pattern of unlawful behavior” justifies the sentence Adamson received.

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