Carmel Rape Attorney
One rape accusation can change your life forever. Reputations are often destroyed before any evidence is ever tested at trial. If you find yourself looking for a Carmel rape lawyer, you know how life-altering criminal charges can be. You don’t have just a criminal matter; you have a life matter. Rape charges are treated seriously in Hamilton County. Even before your case goes to trial, bond conditions, media coverage, and social stigma can begin to change your life.
As criminal lawyers who routinely litigate rape cases in Hamilton County Criminal Court, we understand that they are rarely black and white. There may be disputed issues of consent, competing narratives, forensic evidence to interpret, and cell phone conversations that tell only part of the story. When decades of incarceration and mandatory sex offender registration are on the line, having legal assistance from a Carmel rape attorney is of the utmost importance.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. rigorously defends our valued clients in Carmel. We have a proven history of success with defending clients accused of rape, and we know how to dismantle the prosecution’s evidence at the earliest stages.
Our team handles cases throughout Hamilton County, Indiana, including at the Hamilton County Judicial Center located at 1 Hamilton County Square, Noblesville, IN 46060. We also help clients in other neighboring counties. Defending against serious felonies like rape is a core function of our practice.
All serious cases are handled using our team model. At least two attorneys and a paralegal are assigned to any given case. Our attorneys review the evidence, analyze legal issues, and stress-test our game plan. We have a former prosecutor on staff who has tried major felonies and homicides. He knows how the State builds its case and prepares for trial.
There are only six Board-Certified* Criminal Trial Specialists in Indiana. Five are attorneys at this law firm. With over a century of criminal defense experience across our attorneys, our law firm is designed to handle high-exposure cases with depth, preparation, and a focus on trial.
What Indiana Law Considers Rape
In the United States, over half of women (45.1%) had been victims of contact sexual assault at some point in their lives, with 21.0% reporting a rape that was either completed or attempted. In the United States, 3.2% of males report having been raped or having attempted to be raped, and over one in six men (16.9%) had experienced some kind of contact sexual violence in their lifetime.
According to Indiana Code § 35-42-4-1, a person who knowingly or intentionally has sexual intercourse with another person commits rape if it is under the following circumstances:
- The sex occurred through force or coercion
- The other person did not know the sex was occurring
- The other person is mentally disabled or knows that the other person is so mentally disabled or impaired that they cannot consent to sexual intercourse
Typically, rape is charged as a Level 3 felony. If bodily injury or deadly force is alleged in aggravating circumstances, such as unknowingly giving the victim a controlled substance, rape can be charged as a Level 1 felony.
The Importance of Consent
Contrary to popular belief, many rape cases aren’t centered around whether sexual intercourse occurred. They’re centered around whether it was consensual. When consent is involved, consent can be complicated, particularly in the following situations:
- The two parties dated
- Alcohol was involved
- Much time passed between the incident and it being reported
- The alleged victim changed their story during the trial
- Evidence, particularly text messages, paints a different story
The prosecutor has the burden of proving every element of the crime beyond a reasonable doubt. This includes proving the encounter was criminal in nature.
Forensic and Digital Evidence
The nature of most rape prosecutions these days involves forensic evidence and digital evidence. This can include:
- Sexual assault nurse exams
- DNA analysis
- Body camera evidence
- Text messages
- Social media conversations
- Phone GPS/location data
Forensics, however, cannot prove whether or not consent occurred. DNA may show who had sex with whom, but it doesn’t address whether the contact was consensual. Digital conversations are easily taken out of context. In these cases, the entire conversation should be considered, not just a few extracted text messages.
Rape Penalties in Indiana
Rape is punished heavily in Indiana. As a Level 3 felony, rape is punishable by 3-16 years in prison. Rape may also be charged as a Level 1 felony punishable by up to 20-40 years in prison. Additional penalties include:
- Sex offender registration
- Long-term probation oversight
- Where you can live and work
- A criminal record you can never shake
Registration as a sex offender can impact your housing options, job prospects, and community involvement for decades to come.
Hire a Rape Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist. If you’re under investigation or facing charges, hire a rape lawyer right away. An attorney can stop you from making damaging statements, can file motions to suppress any unlawful searches conducted by law enforcement, and can help preserve evidence that may prove you did not commit the crime.
Hiring a rape attorney who focuses their practice on the defense of serious felonies also means you have access to strategic planning from the beginning. Serious matters are never handled by a single attorney here. Our firm assigns at least two attorneys and a paralegal to review every serious case together. This allows us to dig deeper into discovery and to delegate trial preparation effectively.
Our firm has five Board-Certified* Criminal Trial Specialists, and we practice exclusively in criminal law. There are only six Board-Certified* Criminal Trial Specialists in the State of Indiana. Facing the possibility of a lengthy prison sentence, you need a lawyer who excels in courtroom battles.
Contact The Criminal Defense Team Today
Facing a rape charge can be daunting and lonely. Remember, the justice system is about evidence, process, and constitutional rights. The prosecution must prove its case. Evidence must be collected legally, and all accusations must be proven. At our firm, we have rape defense attorneys who can examine the evidence against you, question the state’s evidence, and advocate for the greatest result possible.
Contact our office if you are dealing with charges in Carmel or anywhere else in Hamilton County. We understand rape laws and can help you understand how they apply to your case.
*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.