Collinsville Man Convicted by Jury for Sexually Abusing Incapable Victim

A federal jury convicted Cody Paul Miller, 46, of Collinsville and a member of the Cherokee Nation, Friday for Sexual Abuse of an Incapable Victim in Indian Country.

“Cody Miller rationalized his actions knowing the victim was intoxicated. This is unacceptable and criminal,” said U.S. Attorney Clint Johnson.  “This office and our law enforcement partners will bring to account those who commit acts of sexual violence.”

According to court documents, the 18-year-old victim was staying the night at Miller’s house with two of her friends, whom were both under 18 years of age. The victim brought alcohol to Miller’s home and began consuming it with Miller. Miller told the police that the victim was intoxicated, but he engaged in several sexual acts with her, none of which the victim remembered. Later, the victim woke up to Miller sexually assaulting her. She repeatedly asked the defendant to stop, and he did not. After leaving Miller’s home, the victim went to a friend’s home where she disclosed what Miller did. After receiving encouragement from her friend, the victim contacted police.

When the defendant was questioned by police, he told officers that the victim “got drunk really fast that night” and even “fell off the bed” because she was so drunk. Miller told law enforcement that the intimacy was mutual and that he stopped when the victim asked him to stop.  

Miller will remain in custody until he is sentenced at a later date. He faces up to life imprisonment. The FBI and Collinsville Police Department investigated the case. Assistant U.S. Attorneys Valeria G. Luster and Matthew P. Cyran prosecuted the case.