Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on April 2, 2008, before Senior U.S. District Judge Jack D. Shanstrom, JOSEPH HENRY KINDNESS, a 22-year-old resident of Lodge Grass, pled guilty to sexual abuse. Sentencing is set for July 2, 2008. He is currently released on special conditions.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On September 24, 2004, law enforcement received a report that a juvenile female, age 15, had been sexually assaulted by KINDNESS in Lodge Grass. It was alleged that KINDNESS had sexual intercourse with the victim while she was passed out from consuming too much alcohol. The victim was unable to provide any information due to her level of intoxication. However, an examination of the victim resulted in medical findings indicating that sexual intercourse had occurred.

During the course of the investigation, investigators learned that three young women saw KINDNESS having intercourse with the victim while she was passed out. The women saw this occur in the back seat of a car. One of the women told KINDNESS to stop, which he refused to do. They then pulled KINDNESS off of the victim.

The owner of the car was interviewed and told investigators that she, the victim, KINDNESS, and others had driven to a bar in Parkman, Wyoming. While in Parkman, they purchased a bottle of whiskey and drank the whiskey on the ride back from Parkman to Lame Deer. The victim became very intoxicated and could not walk or sit up. The driver stated that she and the others drove to the Lodge Grass homecoming football game. When they arrived at the game, the victim was passed out in the back seat. KINDNESS was in the back seat also. The owner and the other occupants of the car left the victim and KINDNESS in the car. A short time later, the owner asked some friends to go check on the victim in the car. They did so - they were the three women who saw KINDNESS having intercourse with the victim in the back seat of the car while she was passed out.

KINDNESS was interviewed. He admitted that he had intercourse with the victim when she was very intoxicated and unable to give consent.

KINDNESS faces possible penalties of 20 years in prison, a $250,000 fine and supervision for life.

Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
The investigation was conducted by the Federal Bureau of Investigation.

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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.