The “Close-in-Age” Defense in Westfield: Navigating Sexual Misconduct Allegations
Teenage relationships can create difficult legal issues when one person is accused of sexual misconduct, even if both individuals believed the acts were consensual. Indiana law recognizes a limited affirmative defense when one or more partners are underage, but both parties are close in age.
Understanding the “close-in-age” defense in Westfield is essential if you or a loved one is facing potentially serious criminal penalties.
Understanding Indiana’s Close-in-Age Defense
In Indiana, 23% of the population is under the age of 18, and many dating relationships involve teenagers. When a female teenager in Indiana has her first pregnancy due to rape, the average age of the father is 27. Indiana’s sex laws aim to protect minors while recognizing that teenagers and young adults who are close in age may qualify for a limited defense in certain situations.
Often referred to as the “Romeo and Juliet” defense, it is important to remember that it is not a blanket exemption from criminal liability. If force was used or other factors were present, the accused can still face serious criminal charges. As an affirmative defense, it applies only when specific statutory requirements have been satisfied.
The defendant generally must be less than 21 years old, no more than four years older than the victim, and involved in a dating or ongoing relationship. The defense is unavailable if the alleged offense involved:
- Deadly force
- A weapon
- Serious bodily injury
- Secretly administered drugs
- A defendant who was in a position of authority
When someone is arrested for sexual misconduct, they are typically transported to Marion County Jail, Hamilton County Jail, Allen County Jail, or another local prison for booking and processing. Once the pretrial phase of a case begins, the suspect can pursue strategies for contesting their charges.
Potential Outcomes of a Sex Crime Charge Involving at Least One Minor
Criminal cases can lead to a number of outcomes, from dropped or dismissed charges to favorable plea bargains. A defense attorney or defense team can play an active role in shaping the outcome of a case by presenting new evidence, emphasizing mitigating factors, and casting doubt on the state’s narrative of events.
The most unfavorable outcome to a criminal case, of course, is a guilty plea or verdict. After someone is convicted of committing an offense, the judge overseeing that case can work within state guidelines to sentence the defendant. Even at this stage, a clear prior criminal record and lack of aggravating factors can potentially convince the court to show leniency.
When the prosecution no longer has the evidence that is needed to pursue a case in Westfield, or it is clear that there was no criminal intent involved, prosecutors may offer reduced or dropped charges. A favorable plea deal could come with strict probation conditions but could offer the opportunity to avoid significant time behind bars.
Anyone seeking to safeguard their future should consider working with an experienced defense attorney. Without the steady support of a defense attorney, defendants facing sex crime charges could potentially join the roughly 46,000 people serving time behind bars in Indiana.
Why You Should Hire a Sex Crime Lawyer?
If you are facing sex crime charges, you can protect your future and freedom when you hire a sex crime lawyer from The Criminal Defense Team. Our dedicated Westfield sex crime attorney can take the time to review the evidence and listen to your account of events before moving forward with the right defense strategy.
When you work with our firm, you work with a legal team that has five Board-Certified Criminal Trial Specialists. You wouldn’t undergo a complex surgery with just any surgeon, and the same logic should hold true for defending your freedom in court. We assign at least two defense attorneys to every client we represent and remain available to them 24/7 from start to finish.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are 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.
FAQs
What Is Indiana’s Close-in-Age Defense?
Indiana’s close-in-age defense is an affirmative defense that may apply to certain charges of sexual misconduct with a minor. This defense is only available if statutory requirements are met, such as the age difference between the parties, the nature of the relationship, and the circumstances surrounding the alleged offense. An experienced criminal defense attorney can determine whether the defense may apply to a particular case.
When Does the Close-in-Age Defense Apply?
The close-in-age defense may apply under limited circumstances. Among other requirements, the defendant generally must be less than 21 years old, no more than four years older than the alleged victim, and involved in a personal relationship with the victim. The defense is unavailable if the offender used force, threats, or other aggravating circumstances.
Can Sexual Misconduct Charges Be Dismissed if Both Teenagers Consented?
Consent alone does not always remove the potential for criminal charges, especially when one or both parties are underage. Prosecutors look at the facts of the case and apply the law accordingly. That said, the right approach could focus on mitigating circumstances that could question the criminality of the actions.
What Happens if the Close-in-Age Defense Does Not Apply to a Case?
If the close-in-age defense does not apply, that does not mean that a defendant is out of options. Even when the elements of a crime are present, other factors could be weighed by the courts. If the accused party did not use force or cause harm, that could constitute a mitigating factor. The right defense can focus on chipping away at the prosecution’s narratives that the accused acted with criminal intent.
Get in Touch With The Criminal Defense Team Today
An allegation of sexual misconduct involving a minor can have life-changing consequences, even when the parties are close in age. If you believe the close-in-age defense may apply to your case, The Criminal Defense Team of Baldwin Perry & Wiley, P.C. can evaluate the facts, explain your legal options, and develop a strategy tailored to your circumstances.
Our firm includes five Board-Certified Criminal Trial Specialists, a distinction earned by only 0.04% of Indiana defense attorneys. By thoroughly reviewing the evidence and protecting your constitutional rights, our attorneys work to achieve the most favorable outcome possible. Contact our office today to schedule a confidential consultation so we can begin building your defense.