Steven Joseph Kasznia, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2025)

MEMORANDUM DECISION

[1] Steven Joseph Kasznia (“Kasznia”) appeals his conviction for Level 3 felony rape,¹ claiming insufficient evidence supported the conviction. We affirm.

Facts and Procedural History

[2] On August 16, 2023, the State charged Kasznia with Level 3 felony rape against H.G. As amended, the charging information alleged that Kasznia engaged in either sexual intercourse or other sexual conduct with H.G. while she was unaware the sexual intercourse or other sexual conduct was occurring. A jury trial was held in May 2024. H.G. did not testify at the trial. However, the State introduced H.G.’s allegations against Kasznia by presenting testimony from investigating officers and a nurse who examined H.G. Kasznia testified in his own defense, asserting that he had consensual vaginal intercourse with H.G.

[3] As of August 2023, Kasznia lived in South Bend and shared a residence with Shelby Bilinski (“Bilinski”) and their children. Kasznia and Bilinksi had an on-again, off-again romantic relationship that was “an open relationship at times.” Tr. Vol. 2 p. 123. H.G. lived in Kentucky. Bilinski met H.G. online, and Kasznia started talking with H.G. through social media in June 2023. Before long, the three met up, and H.G. stayed overnight in South Bend. At that point, H.G. was twenty-three years old, and Kasznia was thirty-six years old.

[4] On August 14, 2023, Kasznia drove to Kentucky, where he picked up H.G. and brought her to South Bend. Around 9:00 p.m., Kasznia, Bilinksi, and H.G. went to sleep in the same bed, where H.G. was positioned next to Kasznia.

[5] Around 1:30 a.m., Officer Jacob Hasbrook of the South Bend Police Department (“Officer Hasbrook”) was dispatched to Kasznia's residence. By the time Officer Hasbrook arrived, Kasznia had left to go to work as an Uber driver. H.G. was “visibly upset.” Tr. Vol. 2 p. 23. H.G. “wasn't crying, but she did have difficulty and had to pause [during] questioning to gather herself.” Id. H.G. told Officer Hasbrook that Kasznia sexually assaulted her. H.G. reported that she woke up because she felt Kasznia grabbing her arms. When H.G. awoke, “she noticed that her pants were down” and “Kasznia was attempting to have intercourse with her.” Id. at 28. H.G. said that Kasznia had his “penis in her vagina[.]” Id. at 31. H.G. told Officer Hasbrook that she was scared.

[6] Kasznia returned to the residence and spoke with Officer Hasbrook. Before long, H.G. was transported to the hospital for a sexual assault examination. Forensic nurse Ashley Smith (“Nurse Smith”) conducted the examination, which started around 3:00 a.m. During a private interview, H.G. told Nurse Smith that, when she woke up, she “realized [Kasznia] was inside [of her].” Id. at 44. When Nurse Smith sought clarification, H.G. “clarified ․ that she meant that [Kasznia's] penis was inside her anus.” Id. H.G. said that, when she woke up, Kasznia “played dumb” and suggested H.G. “must have had a bad dream.” Id. Bilinksi told Kasznia “to get up and go to work and get out of the house.” Id. H.G. said she contacted family members, and her mother called the police.

[7] Nurse Smith did not observe visible injuries to H.G.’s anus or vagina. Nurse Smith ultimately swabbed H.G.’s anus and anal canal as well as the interior of H.G.’s vagina and sent the swabs to a laboratory for DNA testing. A lab analyst testified that swabbing from H.G.’s anal area contained DNA from three contributors and “the resulting statistical analysis [was] that the DNA profile [was] at least one trillion times more likely if it originated from [H.G.], ․ Kasznia, and an unknown individual than if it originated from [H.G.] and two unknown unrelated individuals.” Id. at 81–82. The analyst explained that this analysis “provide[d] very strong support for the proposition that ․ Kasznia is included in the DNA profile” collected from swabbing near H.G.’s anus. Id. at 82.

[8] When H.G. was at the hospital, Detective Katrina Dawson of the South Bend Police Department (“Detective Dawson”) was the on-call detective assigned to the Special Victims Unit. Detective Dawson spoke with H.G. at the hospital. Later that day, Detective Dawson interviewed Kasznia. The interview was recorded, and a copy was admitted as State's Exhibit 4, which was published to the jury. In the interview, Kasznia admitted H.G. was asleep when he began the sexual encounter. See State's Ex. 4 at 12:59–13:09. That is, at one point, Detective Dawson recounted her understanding of the events—i.e., H.G. was asleep, Kasznia pulled H.G.’s pants and underwear down, penetrated H.G., and “in the midst of that, she wakes up”—and Kasznia nodded affirmatively, adding: “[A]nd freaks out.” Id. At trial, Detective Dawson agreed that Kasznia “acknowledge[d] that he knew that [H.G.] was asleep” and that H.G. “was awoken to the penetration.” Tr. Vol. 2 p. 103. The State asked Detective Dawson “how many times ․ [Kasznia] acknowledged that [H.G.] was asleep when he penetrated her[.]” Id. at 104. She replied: “At least two.” Id.

[9] Kasznia testified in his own defense. According to Kasznia, he was awake in bed behind H.G. and she “ke[pt] backing up and up and up into [him] with her butt.” Id. at 138. Kasznia said he “pulled down [H.G.’s] pants” and “had vaginal sex with her” while H.G. faced away from him. Id. at 139. Kasznia said that “[a]t that time [he] believed that [H.G.] was awake and knowing what was going on because [H.G.] asked [him] to stop.” Id. Kasznia said that he complied with H.G.’s request, then H.G. “freaked out because she knew [Bilinski] was watching everything that was going on in the bedroom.” Id. The State asked Kasznia about the interview with Detective Dawson where he said H.G. was asleep, stating: “In that interview that we watched, you confirmed with Detective Dawson, correct, that [H.G.] was asleep, correct?” Id. at 160. Kasznia replied: “That's what I confirmed, but I believed she was awake.” Id.

[10] The jury found Kasznia guilty. At a June 2024 sentencing hearing, the trial court imposed nine years in the Indiana Department of Correction with two years executed and seven years suspended to probation. Kasznia now appeals.

Discussion and Decision

[11] Kasznia challenges the sufficiency of the evidence supporting his conviction for Level 3 felony rape. Specifically, Kasznia claims the State failed to present sufficient evidence that H.G. was unaware of the sexual conduct when it occurred, claiming “the evidence adduced at trial tended to show that [H.G.] was awake and aware of what was happening.” Appellant's Br. p. 6.

[12] When reviewing the sufficiency of evidence, we consider only the probative evidence and reasonable inferences supporting the judgment. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). Moreover, we do not reweigh the evidence or judge the credibility of the witnesses. Hall v. State, 177 N.E.3d 1183, 1191 (Ind. 2021). “We will affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt.” Id.

[13] Indiana Code section 35-42-4-1(a)(2) provides that a person commits rape, a Level 3 felony, when the person “knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct” when “the other person is unaware that the sexual intercourse or other sexual conduct ․ is occurring.” “Unaware” means “not aware,” “lacking knowledge or acquaintance,” or unconscious. Becker v. State, 703 N.E.2d 696, 698 (Ind. Ct. App. 1998). “We have noted that a person is unconscious during sleep.” Id. We have also noted that a person need not be fully unconscious or fully asleep to be unaware. See Nolan v. State, 863 N.E.2d 398, 402–03 (Ind. Ct. App. 2007), trans. denied.

[14] Kasznia's argument relies primarily on his trial testimony, where he claimed H.G. was awake and backed into him suggestively. This argument asks us to reweigh the evidence, which we will not do. See, e.g., Hall, 177 N.E.3d at 1191. The State presented substantial evidence that H.G. was asleep—and therefore unaware—when Kasznia either vaginally or anally penetrated H.G. with his penis. Multiple witnesses testified that H.G. reported waking up to find Kasznia had already begun penetrating her. Moreover, in the recorded interview with Detective Dawson, Kasznia himself confirmed that H.G. was asleep when he began the sexual encounter. State's Ex. 4 at 12:59–13:09.

[15] Based on the evidence presented, a reasonable jury could conclude beyond a reasonable doubt that H.G. was asleep, and therefore unaware, when Kasznia penetrated H.G. with his penis. We therefore conclude that there was sufficient evidence supporting Kasznia's conviction for Level 3 felony rape.

[16] Affirmed.

FOOTNOTES

1.   Ind. Code § 35-42-4-1(a)(2).

Foley, Judge.

Judges Bailey and Bradford concur. Bailey, J. and Bradford, J., concur.