Man found guilty of child molesting

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A Brown County man faces up to 16 years in prison after a jury found him guilty of having a sexual relationship with a 12-year-old girl when he was 19.

A jury of 12 Brown County residents found Troy R. Mace, 21, guilty on April 6 after two-and-a-half hours of deliberation and a two-day trial.

Charges stem from two incidents in early 2016, in which Mace was accused of having intercourse and other sexual contact with the girl.

Public defenders Dan Reuter and Jacob Moore offered the defense that Mace didn’t know how old the girl was, and that he could reasonably think she was over 14.

The legal age of consent is 16 in Indiana, but believing a person is 14 can be used as a defense in child molestation cases. It is still a felony to have sexual relations with a 14 year old and a person could be charged with sexual misconduct with a minor for doing so, Prosecutor Ted Adams said.

“When Troy saw her, she was always made up. She acted like an older teen. She drank alcohol, presented herself older than she was. … He didn’t discuss her age; he took her for what she was,” he said.

Reuter argued that Mace thought the victim was 16 because that’s what her birthdate was on her Facebook profile. The defense introduced a Facebook photo of her wearing makeup to back up their claim that she looked older than she was.

Even though the girl may have looked older in “gussied-up” Facebook photos, Adams argued that Mace had many opportunities to see her in a more natural way because of the time he spent with the family.

Adams and deputy prosecuting attorney Tom Barr said that Mace, a Brown County High School graduate, also had ridden the same “home bus” with the girl and her brother.

The girl and her brother also both testified that they had told Mace more than once that she was 12.

During an interview with Brown County Det. Brian Shrader, Mace admitted to having sex with the girl.

“In the end, this case is not too complicated,” Adams said in his opening statement.

Brown County Sheriff’s Deputy Andrew Eggebrecht went to the victim’s home in March 2017 after her brother called police to report the incidents — a year after they happened.

The brother testified that before calling police, he called Mace and he confessed. “He said it was a moment of weakness, that I wasn’t there and it made it easier for him. He apologized to me,” the brother said.

Reuter argued that Mace had learned the victim was 12 a few weeks after they’d had sex. “When he learned that, he knew he was in trouble. He panicked (and said), ‘Don’t tell anybody,’” Reuter said in his closing arguments.

The jury watched a video of Mace’s confession to Shrader, recorded the day after the brother had called police.

In the video, Shrader asked Mace if he knew how old the girl was, and Mace said, “I would assume a year younger.” Shrader said, “She’s 13 now,” and to that, Mace responded, “Then she was 12, and I was 19.”

“A man who truly believed his victim was 16 years of age or older is going to stop and go, ‘Whoa, whoa wait a minute, she was 12? That couldn’t possibly be; I thought she was at least 16.’ You didn’t hear any of that,” Barr said.

“Why would he? He was caught,” Reuter argued.

He said that Mace should not be punished for not analyzing the pros and cons before having sex with the girl. “His mind doesn’t work that way,” he said.

The prosecution encouraged the jury to “stay grounded in common sense and common experience” when deciding the verdict.

“In a small community, you get to know folks. Troy did not carry his burden and his belief that she was over 16, because the body of knowledge, common experience demonstrates a reasonable person could not make that conclusion,” Adams argued.

The jury returned a verdict of guilty on both counts, Level 3 child molesting and Level 4 child molesting.

Adams said he was pleased with the result. “(I) am glad to bring some closure for the victim and her family regarding an incident they undoubtedly want to move past,” he said.

“Beyond the embarrassment of sharing these incidents with the jury, this is a crime that, essentially, will have long-lasting psychological effects on the victim, whether or not she is experiencing them now.”

He said he will seek “substantial prison time” at Mace’s sentencing May 14. Mace faces up to 16 years in prison and a $10,000 fine.

Adams had requested that Mace be taken immediately into custody after the verdict was read, but Brown Circuit Judge Judith Stewart denied that request. He was placed on home detention until he can be sentenced.

Mace is to have no contact with the victim or her family.

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