Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rosebud, South Dakota, man convicted of Abusive Sexual Contact.
Kyle Black Bull, age 34, was sentenced to three years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Black Bull was indicted by a federal grand jury in June of 2022. He pleaded guilty on September 28, 2023.
In the evening hours of April 16, 2022, the victim was at a residence in Parmelee, South Dakota, with the defendant and two other males. The victim and the defendant had both been consuming alcohol during the evening. As the night progressed, the victim fell asleep on the couch. In the early morning hours of April 17, the victim awoke to the defendant engaging in intercourse with her.
The victim was not capable of consenting, due to being asleep, and the defendant was aware that the victim was incapable of consenting.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Black Bull was immediately remanded to the custody of the U.S. Marshals Service.
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