Warsaw Man Sentenced For Sexual Battery
By Liz Adkins
InkFreeNews
Xavier Wade Russell
WARSAW — A Warsaw man will serve 2 1/2 years in prison after committing sexual battery against a person.
Xavier Wade Russell, 39, Warsaw, was charged with sexual battery, a level 6 felony. A rape charge was dismissed as part of a plea agreement.
Russell was sentenced in Kosciusko Superior Court One on Thursday, Aug. 29.
For sexual battery, Kosciusko Superior Court One Judge Karin McGrath sentenced Russell to 2 1/2 years in the Indiana Department of Correction. Russell has 82 days of jail time credit. A no-contact order between Russell and the victim remains in effect. Russell must also register as a sex offender.
The victim, who attended the sentencing along with multiple supporters, gave a statement in court.
“There’s not a day that goes by that I don’t think about it,” said the victim. “I’m emotionally detached … I trusted you and cared about you. Now, I have a hard time trusting anyone. I feel numb, bitter, angry, and broken because of you. I’m truly thankful for the support I have and I will heal.”
Deputy Prosecuting Attorney Joseph Sobek said Russell has an extensive criminal history and recently violated alternative sentencing. He asked the court to give Russell the full 2 1/2-year sentence with no alternative sentencing.
“You allowed yourself to behave in a way that caused significant harm to the victim,” said McGrath. “Eventually (they’ll) heal but that doesn’t change what you did and we can’t minimize the action you took.”
On Dec. 19, 2023, Warsaw Police officers responded to a rape report involving Russell. Officers spoke with the victim, who said Russell came to their house and asked for assistance with a cut on his back.
According to court documents, while at the house, Russell inappropriately touched himself and asked the person to engage in sexual activity with him. The person refused multiple times and Russell had sexual intercourse while the person told Russell to stop.
In an interview on Dec. 20, 2023, Russell said the person initiated sexual activity with him and that the person wanted him to stay with them after they had sex. He then said the person freaked out and told him to leave. When asked about a phone call he made to the person after the incident, Russell said he could tell the person was under the influence and that the person said they just wanted to be with him.
The phone call occurred in the presence of law enforcement. At no point during the conversation did the person say they were under the influence or want to be with Russell.
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