EDITOR's NOTE: This article contains potentially upsetting details of sexual assault and suicidal ideation. Reader discretion is advised. 

ELKHART, Ind. -- A male convicted of three counts of Level 1 felony Rape had his conviction and 60-year prison sentence upheld by an Indiana Appeals court earlier this month.

Gary L. Martin, II was found guilty of three counts of Rape when compelled by force or imminent threat of force and with an enhancement on May 20, 2024, with the charges being the result of an incident that took place in August of 2023. 

According to court documents, on that night, the victim was at a friend’s house in Elkhart when she encountered Martin, whom she had met once before.

"Martin offered [the victim] a ride in his truck, which she accepted. Martin drove very recklessly and then parked in front of a house belonging to his friend," court documents state.

"After he parked, Martin grabbed [the victim] by the throat, dragged her to a storage shed behind the house, and slammed her on the floor of the shed. Martin removed [the victim's] dress, kissed her mouth, neck, and left breast, and digitally penetrated her."

Documents indicate Martin then pointed a gun at the victim's head and cut her arm with a knife before exposing himself and threatening to kill her.

"After the assault, Martin left the shed and went into the house on the same property. [The victim] put on some clothing that she found in a nearby alley and looked for help," reports state. 

A resident of a nearby house was coming home from work around 11:18 p.m. that night and heard a woman screaming for help from down the street. 

"[The witness] found [the victim] curled up 'in a ball rocking back and forth, crying.' [The victim] was barefoot; her face was red; she had injuries on her chest, wrists, knees, and ankles; her clothing was inside-out and backwards; and her hair was disheveled," reports state. 

From there, authorities and medical professionals were called and police began to investigate. 

"Police found [the victim's] dress in the shed behind the house, along with an extensive collection of bladed weapons, firearms, and replica weapons inside the house," authorities said.

The victim was examined at a local hospital and it was determined her injuries were consistent with having been raped.

Twelve hours later, the victim returned to the hospital, telling nurses on duty about the assault and that she was experiencing suicidal thoughts.

"Medical professionals initiated a seventy-two-hour psychiatric hold for [the victim's] safety and then transferred her to a mental health facility," court documents state.

Martin appealed his conviction in June of 2024, raising two issues to the appeals court:

• Whether fundamental error arose from the repetitive presentation of evidence regarding the alleged victim’s hospitalizations for suicidal ideation.
• Whether the prosecutor’s comments during closing argument about the alleged victim being suicidal the week of trial constituted prosecutorial misconduct requiring a new trial.

Earlier this month, the court ruled that the evidence admitted about the victim’s suicidal ideation "did not constitute improper drumbeat repetition that could be deemed fundamental error."

"Nor did the prosecutor’s statement during closing argument create fundamental error," the ruling reads.

"Accordingly, we affirm the trial court’s judgment."