Offering Experienced Legal Defense Strategies

Section 35-42-4 of the Indiana Code criminalizes certain offenses, such as rape and sexual battery, as sex crimes. Indianapolis sex crime attorney Chris Eskew knows a conviction for a sex crime is associated with especially burdensome penalties.

Including difficulty finding a job or apartment, inability to obtain government benefits, trouble maintaining custody or visitation rights, sex offender registration, and reputation damage.

It can completely alter your life, destroy your family, and hurt your future. In order to fight false accusations or unfair arrests, it is absolutely crucial that you have a team of dedicated and talented Indianapolis sex crime defense lawyers on your side.

Eskew Law, represents clients throughout the state of Indiana who have been wrongly accused of sex crimes. We have experience handling a wide variety of different offenses and can help you understand the law and how to use the law to defend against the allegations. Call Eskew Law, today at 317-793-2325 to discuss your charges.

Comprehensive Legal Defense for Various Types of Sex Crimes in Indianapolis

Eskew Law, represents Indianapolis and Indiana residents accused of:

• Child molestation: Sexual contact with a child less than 14 years old, even if the defendant believed the child was older at the time of the conduct
• Rape: Having sexual intercourse by way of force or with a victim who cannot consent
• Criminal deviate conduct: A sexual act involving a sex organ of one person and the mouth of another person
• Sexual misconduct: Sexual intercourse or deviate sexual conduct without consent
• Sexual misconduct with a minor: Sexual intercourse or deviate sexual conduct with a minor under 14 years old
• Child seduction: Sexual intercourse or deviate sexual conduct by a guardian, adoptive parent, or stepparent
• Child solicitation: Commanding or advising a child under 14 years old to engage in sexual acts
• Prostitution: Performing or agreeing to perform sexual acts in exchange for payment
• Sexual battery: Touching another person by force or without consent, even if the other person is unaware

Child Molestation Defense in Indianapolis: Legal Insights

Child molestation covers (1) sexual intercourse, (2) deviate sexual conduct, and (3) fondling or touching with intent to arouse or satisfy either the child or accused’s sexual desires. While the child must be under 14 years old, the accused can be any age.

• Sexual intercourse or deviate sexual conduct: Level 3 felony
• Fondling or touching with the intent to arouse or satisfy: Level 4 felony

Aggravating factors can enhance the sentence, including:

• The accused is aged 21 or older
• Use or threat of deadly force
• Presence of a deadly weapon
• Serious bodily injury
• Use of drugs such as GHB

Defending Against Rape Charges in Indianapolis

Rape is sexual intercourse either without the victim’s consent or with a victim who is legally unable to consent. Consent issues arise when one or more of the following factors are present:

• Use or threat of force
• The victim is not aware that intercourse is happening due to factors such as unconsciousness
• Mental disability or deficiency
• Presence of a deadly weapon
• Use of drugs such as Rohypnol

Rape is a Level 3 felony. However, it becomes a Level 1 felony if certain aggravating factors are present, like a deadly weapon.

Navigating Criminal Deviate Conduct Cases in Indiana

Sexual deviate conduct is sexual activity that does not arise to sexual intercourse. Like rape, sexual activity requires valid consent. Individuals with mental disabilities or deficiencies are unable to consent. In addition, lack of consent occurs when:

• The accused uses force or threat of force
• The victim is unaware that the sexual activity is occurring
• The accused is armed with a deadly weapon
• The victim is drugged without their knowledge

Criminal deviate conduct used to be a separate offense. Now it is grouped together with rape as “other sexual conduct.” Criminal deviate conduct is a Level 3 felony.

Legal Defense for Sexual Misconduct with a Minor in Indiana

Sexual misconduct with a minor involves (1) sexual intercourse, (2) deviate sexual conduct, or (3) fondling or touching with intent to arouse or satisfy either the minor or accused’s sexual desires. The minor must be 14- or 15 years old, and the accused must be at least 18 years old.

• Sexual intercourse or deviate sexual conduct: Level 5 felony
• Fondling or touching with the intent to arouse or satisfy: Level 6 felony

Aggravating factors can bump up the penalty for sexual misconduct, including:

• The accused is aged 21 years or older
• Use or threat of deadly force
• Presence of a deadly weapon
• Serious bodily injury
• Drugs such as Rohypnol

Expert Defense Strategies for Child Seduction Charges

Child seduction occurs when an adult who is a stepparent, adoptive parent, adoptive grandparent, guardian, custodian, child care worker, or military recruiter of a minor aged 16 or 17 engages in:

• Sexual intercourse
• Deviate sexual conduct
• Fondling or touching with the intent to arouse or sexually satisfy the minor or accused

Section 35-42-4-7 of the Indiana Code identifies and defines which types of individuals can be charged under the statute, such as teachers or foster home caregivers. Child seduction is a Level 6 felony if fondling is involved or a Level 5 felony if sexual intercourse is involved.

Facing Child Solicitation Charges in Indianapolis: What to Know

Child solicitation involves soliciting a child under the age of 14 to either participate in sexual intercourse, deviate sexual conduct, or fondling or touching intended to arouse or sexually gratify either the child or accused. “Solicit” is defined in Section 35-42-4-6 as:

• Advising
• Authorizing
• Commanding
• Inciting
• Requesting
• Urging

Solicitation can be done in person, over the phone, in writing, using a computer or text message, via advertisement, or any other method. The accused must be at least 18 years of age. Solicitation is a Level 5 felony unless certain aggravating factors are present, which can bump the offense up to a Level 4 felony. These factors include:

• Use of a computer
• Previous solicitation conviction

Legal Representation for Prostitution Charges in Indianapolis

Section 35-45-4-2 of the Indiana Code defines prostitution as the act of knowingly or intentionally performing or agreeing to perform sexual intercourse, deviate sexual conduct, or fondling for payment. Prostitution is a Class A misdemeanor but becomes a felony if the accused has at least two prior convictions for prostitution.

Defending Against Sexual Battery Allegations in Indiana

Sexual battery is the unlawful touching of another with the intent to either arouse or sexually gratify the accused or the victim. The touching must occur without consent, which can involve:

• The use or threat of imminent force
• The victim cannot consent due to intellectual disabilities
• The use of a deadly weapon
• The victim is drugged

Sexual battery is a Level 6 felony. However, it becomes a Level 4 felony if the individual is unable to consent due to mental disabilities.

What is the Trial Process for Indiana Sex Crimes? 

Understanding the trial process in Indiana will help prepare you for what’s to come. It’s essential to remember that you have the right to remain silent after you are arrested or detained, and you can always contact an attorney for assistance. When you call an attorney on our team, we can help you navigate the process and answer your questions as they arise.

After you are arrested and charged, the process will most likely be as follows:

• You’ll attend an initial hearing to learn about your specific charges
• The judge will inform you of your rights
• You will have a chance to enter a plea of guilty or not guilty
• Our attorneys and the state’s attorneys will engage in investigation and discovery to obtain evidence and interview witnesses
• Both sides can file pre-trial motions to try to suppress certain pieces of evidence

If your case goes to trial, an Indianapolis sex crimes attorney on our team will represent you in court, presenting evidence in your defense to get your case thrown out or to get an acquittal. Our team may also negotiate with the prosecution to secure you a plea deal that reduces or removes some of your penalties. Depending on the charges against you, it may be advisable to take a plea deal and avoid going to court.

The most important thing to remember after you are arrested is that you don’t have to talk to anyone without a sex crimes lawyer present. Our team is here to support you and ensure that your rights are protected. Law enforcement officers may say they are on your side, but they’re only trying to build a case against you. We recommend contacting our team as soon as you know there’s an investigation against you.

Effective Defense Tactics for Sex Crime Accusations

The defenses available for your case will vary depending on the type of charge and the facts of your case. Making the decision to hire a knowledgeable Indianapolis sex crime lawyer is of the utmost importance. Common defenses, depending on the charge, may include:

• Valid Consent – Defendants accused of rape and sexual assault can claim consent as their defense. If the alleged victim gave consent, then no crime has occurred. It’s important to note that this defense may not work if the victim is unable to consent.
• Mistaken Identity – Witnesses and victims can accuse the wrong person of a crime. The best way to prove mistaken identity is by giving a rock-solid alibi. By using photos, videos, receipts, and witness statements, you can prove that you were somewhere else at the time of the crime.
• Legal Marriage – Sex crimes involving a minor have severe penalties. However, if you are legally married to a minor, certain sex acts are no longer against the law. In Indiana, 17-year-olds can get married with permission from both parents, and 16-year-olds can get married with a court order.
• Reasonable Belief of Age – Some defendants are charged with sex crimes because they thought the minor was above the age of consent. If you have a reasonable belief that a minor was 18 years old, it’s possible the state will reduce your charges.
• False Accusations – Sex crime accusations have the potential to ruin your life. Unfortunately, some alleged victims use these accusations to damage your reputation. Our team can look for evidence to prove that the alleged victim is not telling the truth.
• Constitutional Violations – You have rights that are protected by law, even if you are accused of a crime. If law enforcement officers violate your rights when questioning you or gathering evidence, our team can file a motion to have that evidence thrown out. In some cases, this means the case against you is unlawful.
• Reasonable Doubt – The prosecution must prove that you are guilty beyond a reasonable doubt. We will introduce doubt to the judge and jury to potentially avoid a conviction.

Indianapolis Sex Crime Attorney Serving Clients Located Throughout Indiana

An allegation of rape, sexual battery, child molestation, or any other sex crime is an incredibly serious accusation. To save your reputation, future, and freedom, contact Eskew Law, now.

Over the past decade, we have worked tirelessly to absolve clients of false complaints, fight shoddy police investigations, and defend against charges in court.

We customize representation based on your needs, the facts of your particular case, and your available options. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana.

To speak with an Indianapolis sex crime lawyer and schedule your consultation, call Eskew Law, at 317-793-2325 or contact us online.