Sex crimes are often shocking to hear about, and when you become the victim of one, it isn’t always easy to recover from the harm. Children in particular can suffer extensively at the hands of criminal deviants who engage in sexual abuse.
As such, Indiana laws revolving around sexual abuse and molestation of children are incredibly serious and intended to dole out harsh punishments to offenders. When this type of sexual abuse or assault occurs, there is a specific amount of time allowed by the state to pursue a child sexual abuse case, known as the statute of limitations.
If this sexual abuse happened to you years ago or to your child more recently, you should understand the statute of limitations and what it means for your case. Wagner Reese is a personal injury law firm devoted to advocating for victims of sexual abuse, molestation, and assault. In this blog post, we explain the statute of limitations and provide guidance for victims.
Sexual Assault Statutes in Indiana
Rape
Indiana Code § 35-42-4-1 refers to rape, when a person intentionally has sexual intercourse or forces someone to perform a sexual act. Indiana Code § 35-42-4-9 applies to statutory rape, where the difference is that the victim is a minor.
Sexual Battery
Indiana Code § 35-42-4-8 states that sexual battery occurs when a person intentionally touches another person’s private areas without them being aware of this touching.
Child Molestation
Indiana Code 35-42-4-3 states that molestation occurs when a person intentionally performs sexual intercourse or other sexual conduct with a child under the age of 14 years old. It also applies when fondling or touching the child or forcing the child to touch the perpetrator to satisfy the sexual desires of the adult.
Indiana Sexual Assault Statute of Limitations
In Indiana, there are time limits known as the statute of limitations for these types of cases. For criminal cases involving adult victims, the prosecution has five years from the date of the assault to file charges. In cases involving the sexual abuse of a child, the statute of limitations is their 31st birthday. New evidence, such as DNA evidence, may also provide exemptions from the statute of limitations in sexual abuse cases.
As for civil lawsuits, there is typically five years for the statute of limitations for Indiana sexual assault. The clock for the statute of limitations starts when the victim discovers the injury or harm caused by the sex crime. The statute of limitations for those who were abused as children will not start until their 18th birthday.
Implications for Survivors Seeking Justice for Child Sexual Abuse in Indiana
In cases of sexual abuse, certain limitations of the statute of limitations mean that the sooner the case is pursued, the better the chances are of recovering compensation before time runs out. Cases of assault, including aggravated sexual assault, permit survivors to recover monetary damages for their physical, emotional, and psychological harm, helping them to cover medical expenses, including therapy, as well as compensate for the trauma. If you’re seeking legal representation for sexual abuse in Indiana, our experienced attorneys can help you understand your rights and options.
When sexual abuse occurs as a result of negligence by a third party institution, such as a school, church, or another organization, the lawsuit can also seek compensation from those parties. Schools and universities have a legal duty to protect students from sexual abuse, and when they fail, victims may have grounds for a civil lawsuit.
In Indiana, anyone who has a reason to believe that a child is being abused is legally required to report the crime immediately. Failing to report is considered a crime.
Child victims are often subject to long-term trauma, and it may impact their ability to seek justice. As they grapple with what has happened, it may take years before they are ready to confront their perpetrator. The extended statute of limitations deadlines allow for this, with the longer statute providing time to impose criminal charges and file a lawsuit.
Recent Amendments to Laws Involving Sex Crimes
The Indiana General Assembly came together to amend and vote on SB 151 on January 30, 2024. The bill was amended to eliminate the statute of limitations for level 3 felony rape and
child molestation. It specified that DNA evidence may still apply to offenses barred due to the expiration of a previous statute of limitations. With lengthier legal time limits on child molestation in Indiana, it provides victims with the chance to pursue justice for the harm caused.
These updates to Indiana child molestation laws abolish the time limit for the most serious crimes against children. Now, there is no statute of limitations in Indiana to impede the filing of criminal charges. These charges may be filed at any time, regardless of when the abuse took place for level 1 and level 2 felonies.
In sex crimes that are considered level 3 felonies, victims now have until the age of 51. Flexibility in the statute of limitations is a huge win for survivors of this type of abuse. Many of them take years to process what has happened to them and report it. Now they can do so when they are ready, and prosecutors have the chance to bring the abusers to justice.
The Role of Wagner Reese in Supporting Survivors Legally and Emotionally
Victims of sex crimes often struggle to deal with their emotions. Simple tasks can become difficult to complete, and it may be impossible for them to move forward. One of the biggest decisions a survivor will ever make is whether or not to pursue legal action for the sex crimes they endured. Wagner Reese’s Indianapolis personal injury lawyers have extensive experience in this area, providing legal guidance and support every step of the way.
One of the biggest decisions a survivor will ever make is whether or not to pursue legal action for the sex crimes they endured. Wagner Reese has extensive experience in this area, providing legal guidance and support every step of the way.
Confidential Consultations
The first step for victims, which can be the hardest to take, is to seek consultation about the sex crimes and abuse they’ve endured. We offer confidential consultations where you will have our undivided attention and have the chance to ask questions about the process. We understand how difficult it is to come forward about being the victim of a sex crime, whether it happened to you as a child or in your adult years. As such, we provide a compassionate and confidential space where you can feel comfortable sharing your story.
Legal Expertise and Survivor Advocacy
Sexual abuse attorneys understand the relevant laws, including the statute of limitations and victim rights. We form a careful balance to leverage our expertise to fight for survivors of these injustices. Your voice will be heard and your rights will be protected throughout the entire process.
Representation and Support Throughout the Case
Whether you have filed a police report or not, we can help. Our attorneys can support you when you make the report and stand by you when seeking protective orders. We’ll then take the reins on civil litigation to pursue justice on your behalf. Every survivor carries intense trauma, and we carve a safe space for you, where your emotions are validated, and we can help you make informed decisions about your next steps.
Pursuing Justice
It is our role to protect and support you while empowering you through the process. What happened to you was unjust, and you deserve to feel safe and cared for, which is our ultimate goal. You won’t be alone in this – we’re in it together, and you will be treated with the dignity you deserve.
Whether you suffered rape as an adult or were under 14 years of age when your abuser harmed you, we will go after your abuser and any institution that failed to protect you. Accountability and justice are something we stand by. Even if your abuser was not found guilty or convicted in criminal court, you still have the right to fight for justice in civil court.
Access to Resources and Support Networks
Survivors often do not know where to turn, especially those who have endured sexual misconduct and other harms. In addition to serving justice for assault victims in accordance with the statute of limitations, we connect them to resources and support services to get them the help they need.
Our reach includes a variety of therapists, support groups, and advocacy organizations that are trained to help you move forward. Nothing can change what has happened in the past, but we are focused on fighting for your future and making a difference.
Sexual abuse happens in many ways and the effects it has on survivors is profound. If child seduction or molestation happened to you when you were very young, you may not have been able to fully comprehend that what you experienced was abuse. Adults that find themselves in these situations sometimes carry this burden silently, unaware that someone will listen to their story and fight for them.
At Wagner Reese, we know it can be incredibly hard to reach out for help. We encourage you to contact the 24/7 National Sexual Assault Hotline at 1-800-656-4673 to speak to someone confidentially. In addition, you can contact us at any time for a confidential consultation where we listen without judgment and determine the best path forward to help you. Whether it is for teen sexual assault lawsuits, sexual abuse, assault, or any other harm done, let us act on your behalf so you get our full legal and emotional support every step of the way.
