Roberts v. State

In Roberts v. State, 712 N.E.2d 23 (IndApp 1999), the court ruled that under the federal double jeopardy prohibition, convictions for both rape and child molestation for the same single act were permissible. Rape required proof of threats or force, and child molestation required proof of age. Id. at 30. The Roberts court went on to rule that under Indiana's more stringent double jeopardy provision, both convictions could not be upheld, but wrote with respect to the dual convictions under the federal constitution that the defendant "cannot establish a double jeopardy violation under the Blockburger test.