Rape Defense in Boone County

Being accused of rape is terrifying, and knowing how consent plays into these cases is a critical part of your defense. If you are convicted, you can face extreme penalties like prison time, fines, and mandatory sex offender registration. Securing comprehensive rape defense in Boone County is essential, whether you were accused following an incident near West Oak Street or after a mistake made in your home near Mulberry Fields. An experienced attorney is here to help.

What Is Rape in Boone County, Indiana?

When facing rape charges, you want to secure a viable defense, and in order to do that, you first need to understand how Indiana state law defines the offense of rape. Rape is the act of intentionally or knowingly having sexual intercourse with another individual or causing that individual to submit to or perform sexual conduct when one or more of the following factors are present:

• The alleged victim is compelled into a sexual act by use of force or an imminent threat of force.
• The alleged victim is mentally disabled or deficient to the point that offering consent is not possible when it comes to sexual intercourse or other sexual behaviors.
• The alleged victim is not aware that any kind of sexual intercourse or other sexual behavior is taking place.

Keep in mind that these definitions only begin to explain rape charges in Indiana. Rape can actually vary from a Level 3 felony to a Level 1 felony, the most serious kind of crime under state law, depending on the circumstances of the offense. In most cases, a rape crime can be classified as a Level 1 felony under any of the following circumstances:

• The alleged offender threatens to use or does use deadly force against the victim.
• The act of rape was committed while the alleged offender was armed with a deadly weapon.
• The alleged victim was drugged by the offender and did not know it.
• The alleged offender was aware that the victim was unknowingly drugged by another party.
• The alleged crime results in severe bodily injury to a party other than the offender.

If you or a loved one is charged with rape, no matter the severity of the charge, understanding how consent plays into your defense is essential. A Zionsville rape defense lawyer from The Criminal Defense Team of Baldwin Perry & Wiley, P.C. is here to explain your legal rights and options.

In the United States, someone is sexually assaulted every minute, and one in five women has experienced completed or attempted rape at some point during their life.

Consent: The Critical Defense Against Rape Accusations

In 2022, Indiana expanded the definition of consent when it comes to rape crimes. Now, it is illegal to participate in any kind of sexual activity when someone has verbally or physically communicated that they want no part of it. These new parameters for consent leave more room for legal gray areas, and the consent defense strategy can be tricky to implement without strong legal representation.

In the past, it was well understood that no meant no. However, under the new definition of consent, what happens if a person does not want to have sexual relations but does so anyway–this can be later claimed as rape.

At The Criminal Defense Team, we are here to comb through every aspect and bit of evidence related to the alleged crime you are being accused of. This can allow us to form a defense of consent and prove that the sexual act in question was lawful. If there is any kind of evidence present that shows the sexual activity is consensual, it may be used as a key element of defense against rape charges.

About The Criminal Defense Team

With over 100 years of combined experience, The Criminal Defense Team understands just how crucial consent defense is when facing rape charges. We keep ourselves up-to-date on all new laws and statutes surrounding sex-based crimes and now know how to use the law to your advantage. We focus on our clients above all else, providing you with at least two attorneys and a paralegal when you entrust your case to us.

Our team, including Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham, is Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here. In Indiana, there are only six Board-Certified* Criminal Trial Specialists, and five of them are proud members of The Criminal Defense Team.

FAQs

What Other Defenses Can Be Used for Rape?

In addition to possible defense strategies of consent, there are a number of other possible defenses based on the nature of your charges. These defense strategies can include suffering a mistaken identity or false accusation, suffering a violation of your rights during your arrest, or a lack of evidence to prosecute.

What Are the Penalties for a Rape Conviction?

Depending on the nature and severity of a rape conviction, there are a number of penalties you can face. First, it is highly likely that you end up facing a lengthy prison sentence, and it is important to note that, upon release, 60% of formerly incarcerated individuals are now jobless. You may also be required to register as a sex offender in the state.

What Should I Do If I Am Arrested for Rape?

If you are arrested for rape, it is important that you exercise your right to remain silent and refuse to speak about the allegations until your attorney is present. You should also not attempt to contact the alleged victim or any possible witnesses to try to get ahead of the charges. Preserve whatever evidence you can and call an attorney immediately.

What Are Some Other Common Sex Crimes?

In Indiana, there are a number of sex crimes an individual can be accused and convicted of. At The Criminal Defense Team of Baldwin Perry & Wiley, P.C., we are here to defend individuals who have been charged with rape, sexual battery, sexual misconduct with a minor, child seduction, vicarious sexual gratification, child exploitation and child pornography, inappropriate communication with a child, and child solicitation, to name a few.

Hire a Rape Defense Lawyer

When you need to hire a rape defense lawyer, The Criminal Defense Team has a Board-Certified* Criminal Trial Specialist on call 24/7, ready to serve you. Contact us today to schedule a consultation.