Understanding Indiana’s Sexual Assault Laws

What Constitutes Sexual Assault Under Indiana Law?

If you face a sexual assault charge in the Indianapolis area, contact an Indianapolis sexual assault defense lawyer immediately.

In Indiana law, “sexual assault” is a phrase that includes several different crimes. Indiana has no specific sexual assault law. Instead, the state outlaws specific sex crimes that are generally considered sexual assault, including rape, child molestation, and sexual battery.

Indiana courts impose felony penalties on convicted sexual assault offenders. If a weapon is used in a sexual assault, a victim is drugged, a victim is injured, or a child is victimized, it is considered aggravating circumstances that could increase the penalties for a sexual assault conviction.

Are You Facing a Sexual Assault Charge?

If you are charged with a sexual assault crime in or near Indianapolis, you must be represented by an Indianapolis sexual assault defense attorney who has substantial experience defending clients accused of sex crimes, and you must contact that attorney as quickly as possible.

If you are arrested and charged with a sexual assault crime, do not try to act as your own lawyer. Instead, exercise your rights. If the police want to interrogate you, say something like, “I would rather not answer questions until my lawyer can be here.” Then say no more.

Your Indianapolis sexual assault defense lawyer will review the case against you. Evidence may include testimony, video or photos of the incident, medical records, and eyewitness or expert witness statements. Your lawyer will also review pertinent texts, emails, or social media posts.

What Are Indiana’s Penalties for Sexual Assault Convictions?

The specific penalties that Indiana courts impose for sexual assault convictions depend on the details of the crime and the offender’s prior criminal record:

1. Rape is a Level Three felony punishable upon conviction with 3 to 16 years in prison and a fine of up to $10,000. If aggravating circumstances are involved, the charge is a Level One felony, and convictions are punishable with 20 to 40 years in prison.
2. Sexual battery is a Level Six felony punishable upon conviction with a 6-to-30-month jail or prison term and a fine of up to $10,000. Aggravated sexual battery is a Level Four felony, and a conviction may be penalized with 2 to 12 years in prison.
3. The laws that address child molestation and sexual misconduct with a minor are quite complicated in Indiana, but a conviction for either of these crimes is a felony conviction that may be penalized with a prison term and a costly fine.

Do Sexual Assault Convictions Have Additional Consequences?

Indiana’s Sex and Violent Offender Registry is available online to the general public, so the penalties imposed by a court may not be the only consequences of a sexual assault conviction. For example, a convicted offender may have trouble locating housing or finding employment.

If you are not a United States citizen, a sexual assault conviction may prompt a deportation proceeding. If you hold a professional license in Indiana, it may be revoked or suspended by your state professional licensing board after a sexual assault conviction.

Sexual assault perpetrators may also face substantial civil penalties. Victims may sue perpetrators for sexual assault in Indiana, and a perpetrator may be ordered by a civil court to compensate a victim for losses and damages.

How Will a Defense Lawyer Handle Your Sexual Assault Case?

If the state’s evidence against you is weak or inadequate, your defense lawyer can move to have the charge dismissed or reduced. If the state’s case is persuasive and a conviction is certain, your lawyer may negotiate a plea bargain to have the charge or the sentence reduced.

Together with your attorney, consider any plea deal offer carefully. However, if you’re innocent and believe you can prove it, you should insist on your right to a trial. If the case goes to court, your attorney will explain to the jurors what actually occurred and why you should be acquitted.

What Are the Defenses Against a Sexual Assault Charge?

If you face a sexual assault charge in the Indianapolis area, the defense strategy that your Indianapolis sexual assault defense attorney prepares will depend on the specifics of the charge. The most common defenses offered in sexual assault cases are:

1. The purported victim gave consent. However, if the victim was incapacitated, disabled, a minor, or unable to consent due to alcohol or drugs, this may not be a valid defense.
2. The claim is false. Fabricated sexual assault allegations are made for many reasons and often for seemingly no apparent reason. For example, an ex-spouse may lie to gain an advantage in a child custody fight, or a teen may make a false charge against a stepparent.
3. The defendant has been misidentified, and someone else committed the sexual assault crime.
4. If the insanity defense is offered, the court will designate experts to examine the defendant. At least one of these experts must be a psychologist or a psychiatrist.

Bring Your Sexual Assault Case to Eskew Law

If you are charged with a sexual assault offense in the Indianapolis area, call the offices of Eskew Law as quickly as possible. Our defense attorneys have over fifty years of combined legal experience, and we’ve been advising and representing clients in the Indianapolis area since 2011.

The team at Eskew Law knows that a sexual assault conviction can have severe consequences, so we are committed to offering you the personal attention and effective defense representation you deserve and need when you face a serious criminal charge. Our legal team will use every available legal tool to bring your sexual assault case to its best possible conclusion.

If you are facing a sexual assault claim in or near Indianapolis – now or in the future – you qualify for a no-cost, no-obligation case evaluation. Exercise your rights and call Eskew Law at 317-793-2325 to get the skilled and experienced legal help you need.