Sheriff investigating sexual misconduct at Marion County Jail

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The Marion County sheriff has called for an investigation into a report of sexual misconduct by a male inmate mistakenly put in a cell with a female inmate.

The inmates, who have not been identified, were reportedly put in the same cell at the Marion County Jail at 5 p.m. Wednesday. Within minutes, deputies discovered the inmates engaged in sexual activity.

The male inmate, who is charged with auto theft and receiving stolen property, says the sex was consensual, while the female, incarcerated on five counts of prostitution and a count of public indecency, denies consent, telling deputies she was raped.

The woman was medically evaluated at Wishard Hospital after the reported incident.

Sheriff John Layton has asked state police to investigate the incident, but says there is "no excuse" for it to have happened.

"I shall take corrective action," Layton said. "However, this incident is somewhat related to our chronic jail overcrowding, which results in constant inmate movement throughout our various jail facilities. I will continue to work with the Criminal Justice Planning Council to tackle those thorny issues."

The results of the investigation will be turned over to the Marion County Prosecutor's Office for review.