United States v. Cates, No. 19-1806 (7th Cir. 2020)
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Officers Cates and Hannah responded to a call by Lemons. While Lemons was alone with Cates in her home, he sexually assaulted her. Lemons was arrested, then taken to a hospital. A nurse documented swelling on Lemons’ neck and her bloodshot eyes, as evidence that she had been choked. She did not show signs of vaginal trauma or injury. Cates initially denied having sex with Lemons but later admitted to having oral and vaginal sex with Lemons, claiming it was consensual. Cates was charged under 18 U.S.C. 242 (deprivation of rights under color of law) and 18 U.S.C. 942(c) (use of a weapon during a crime of violence). The jury found Cates guilty on the first count and not guilty on the firearm count. By special verdict, the jury found Cates committed aggravated sexual abuse but found Lemons did not suffer bodily injury. Cates was sentenced to 24 years' imprisonment. The Seventh Circuit granted habeas relief, holding that the district court had instructed the jury incorrectly on the elements of aggravated sexual abuse by defining “force” to include not just force, but also psychological coercion.
Cates was then charged with violation of civil rights under color of law, which again alleged his actions constituted aggravated sexual abuse. The Seventh Circuit affirmed the denial of a “double jeopardy” motion to dismiss. Cates failed to show the jury decided he did not use force to cause Lemons to engage in sexual acts. A rational jury could conclude that Cates forcibly grabbed Lemons’ neck and continued to squeeze it during the assault without causing her bodily injury, consistent with the jury’s findings.
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