Indiana sexual assault laws revolve around all non-consensual sexual conduct, and the criminal charges associated with sexual misconduct, including rape, will depend on various factors. Some of these factors include the age of the victim, the age of the offender, and any additional aggravating factors.
Indiana takes sex crimes seriously in the criminal courts, and victims also have the opportunity to file a lawsuit against the perpetrator and any entities that enabled or failed to prevent sexual contact. Wagner Reese is a personal injury law firm devoted to fighting for victims who have suffered harm from sex crimes, including rape, statutory rape, child molestation, child seduction, sexual assault, and other sexual misconduct. In this blog post, we highlight the rape laws as per Indiana statutes and what to do if you have been the victim of a sex crime.
Definitions and Distinctions Between Different Types of Rape Per Indiana Law
Indiana Code § 35-42-4-1 defines rape as having intentional sexual intercourse with someone by forcing them or threatening them with force. This also applies to any sexual activity that involves penetration when the victim has no knowledge it is taking place, such as if they are under the influence of alcohol or drugs, or unconscious. Indiana law further defines rape as sex that is not consensual sex, such as when the victim refuses these advances either physically or verbally. This code also refers to sexual intercourse or penetration of a victim who is mentally disabled or unable to legally consent.
Indiana law also has a separate category for child molestation (Indiana Code § 35-42-4-3), which is defined as any sexual contact with a child under the age of 14, or in the presence of a child under the age of 14, with the intent of gratifying the sex offender’s desires. Consent in Indiana can only legally be provided by someone who is of the age of consent, which is 16 in the state.
Criminal charges of child molestation may also have aggravating factors with harsher punishments for such deviant sexual misconduct. Any sex offender over the age of 21 or who threatens or uses deadly force, causes serious bodily injury, gives drugs to facilitate sex crimes, or has a sexually transmitted disease that is transmitted to the child will see severe consequences.
Understanding the ‘Romeo and Juliet’ Law
Romeo and Juliet legislation in Indiana attempts to prevent rape charges in certain circumstances for young couples with small age differences. The Romeo and Juliet Law typically applies to high school couples who have been dating where one is still in high school and the other has already graduated.
In these relationships, as long as they are of the age of consent and the offender is not over 21 or more than 4 years older than the victim, this law will provide protection. It should be shown that the offender and the victim were dating, there were no aggravating factors, and there was no promotion of prostitution or coercion from a person with authority.
Statutory Rape in Indiana
Indiana Code § 35-42-4-9 applies to statutory rape, a law that protects both minors and mentally disabled persons from sexual activity they are unable to consent to. The age of consent in Indiana is 16, and any minor under that age is unable to provide consent. A person accused of statutory rape will still be guilty even if they minor gave consent since the laws define the age of consent. For example, a 15-year-old could say “yes” to sexual activity, but in the eyes of the law, it is still considered a sex crime due to their age.
Is Statutory Rape Child Molestation or Child Seduction?
Technically, statutory rape is used as a broader term to define any illegal sexual conduct with a minor under the age of consent. Criminal charges will vary based on the age of the minor and the age of the offender, as well as the nature of the sexual conduct in question.
Child molestation and child seduction fall under the statutory rape category. Molestation refers specifically to sexual conduct such as sexual intercourse with a child under the age of 14. Child seduction (Indiana Code 35-42-4-7) is slightly different, encompassing the existence of a professional relationship where the adult is a coach, teacher, guardian, military recruiter, law enforcement officer, or otherwise in a position of authority over a minor under the age of 18. There are also charges of sexual misconduct with a child, which applies when the victim is between 14 and 16 years old and the offender is 18 or older.
Potential Defenses, Including Consent in Indiana
When facing charges for sex crimes, offenders will do anything to avoid them. They may claim it was a case of false identity, that the victim lied about their age, or that it was a consensual sexual activity.
Age of consent is one of the only true defenses to a statutory rape charge; however, just because someone is of the age of consent does not mean they consent to sexual activity. Some victims are unable to consent, such as those who have developmental disabilities or who have been drugged.
Criminal Charges and Consequences
Indiana statutory rape consequences are harsh, and are meant to serve as a deterrent for this kind of behavior. Rape in Indiana is charged as a level 3 felony, which carries a sentence of 3 to 16 years in prison and fines up to $10,000. If aggravating factors are present, it is charged as a level 1 felony, which is punishable by a prison term of 20 to 40 years.
The aggravating factors that can upgrade this charge are using or threatening deadly force, particularly if armed with a deadly weapon. Additionally, if the rape results in serious bodily injury or drugs were used to commit these sex crimes, the charges are upgraded to level 1 felony status.
The Legal Process for Addressing Rape and Sexual Assault Cases in Indiana
Whether at the age of consent or not, this unwanted sexual conduct should be reported as soon as possible to the nearest law enforcement agency. While other evidence will be needed to prove unwanted sexual activity occurred, making the report will launch an investigation.
The criminal justice system will pursue the case, and armed with evidence, will arrest and charge the perpetrator. However, even without reporting the rape to authorities, victims can hold their abuser liable in civil court. This is also possible even if the perpetrator was found not guilty in criminal court.
With a civil case, the person who committed the sex offense will be held liable for monetary damages as well as non-economic damages, such as mental anguish, loss of enjoyment of life, or disfigurement caused to the victim. Due to the sensitive nature of such cases, it is best to consult with a personal injury attorney who focuses on this area of the law.
Victim Rights and Support Services
Rape victims in Indiana have rights, which include being treated fairly and with dignity throughout the legal process. They also have the right to a forensic medical exam at no charge and may have a victim advocate present during any interview or exam related to this event.
If you or someone you love has been raped, these rights also allow you to confidentially communicate with victim advocates, and these communications are not admissible in court. What you have endured is traumatic, but there is help through the 24/7 National Sexual Assault Hotline at 1-800-656-HOPE, which will connect you with local resources and is fully confidential.
Steps to Take If You or Someone You Know Is a Victim of Sexual Assault
Whether it was rape, sexual battery, or another form of assault, it is vital that you contact authorities to report it. If you are afraid of the person who harmed you, advocates can help to protect you.
Following a rape, going to the hospital for a rape test kit is ideal. This will capture hard evidence of what happened. It can be used to convict the offender, and can also be used to recover compensation for your injuries and damages. Above all, if you are a victim, talking to an attorney at Wagner Reese can give you the help you need to navigate the legal path forward and protect you from further trauma.
How Wagner Reese Assists Victims in Navigating These Legal Challenges
Getting legal assistance for sexual assault in Indiana is strongly advised, as only an experienced attorney will have the knowledge of these laws to fight back on your behalf. While the criminal courts will likely issue charges for a felony punishable with prison sentencing, that isn’t always the case. Even in the absence of a conviction, we can help as we have done in teen sexual assault lawsuits and many other cases.
Read more about the university abuse case as well as signs of sexual abuse, and contact our attorneys to speak with complete confidentiality about your circumstances.
