St. Bernard Parish President Dave Peralta posted $20,000 bond today and was released from Parish Prison.
He surrendered this morning to answer to a charge of sexual battery of his wife.
Grand jurors delivered the indictment yesterday.
It stems from a night of bondage and rough sex that his wife says was rape, but Peralta says was consensual.
The Grand Jury did not find enough evidence to justify sending Peralta to trial for allegedly raping his wife, but did return with a single charge of sexual battery. That is unwanted touching on genitals.
Assistant Attorney General David Caldwell says, "It... was enough evidence for the grand jury to determine that the process should move forward in the form of a formal criminal charge."
Peralta's lawyer, Steve London, says there shouldn't be any charges.
"It's ridiculous," he insisted. "If he wasn't in the position... he holds, a public position, we wouldn't be having this conversation."
He says the alleged rape was just consensual sex play they had done before.
Mrs. Peralta's attorney says to suggest Mr. Peralta was fulfilling his "wife's rape fantasy" on her 49th birthday is "ludicrous."