Indianapolis Rape Lawyers
Providing Aggressive Defense for Rape Charges in Indiana
Rape is a very serious criminal charge that carries a lifetime prison sentence upon conviction. Even if you are only accused of rape, you can still face serious consequences if the allegations are false. If you are convicted of rape, you will have to register as a sex offender for the rest of your life, which can severely limit your employment and housing opportunities, as well as your ability to travel.
Because of the serious consequences of a rape conviction, you need a strong, aggressive Indianapolis rape lawyer on your side to fight the charges against you. At The Criminal Defense Team, we have a dedicated team of criminal defense attorneys who are ready to aggressively defend you against your charges. We understand how stressful and confusing it can be to be charged with rape and we can help you navigate the legal system so you can get the best possible outcome in your case.
What is Rape?
In Indiana, rape is defined as sexual intercourse with another person by force or the threat of force. This means that engaging in sexual activity with another person against their will or without their consent constitutes rape. Consent is a crucial factor in determining whether an act constitutes rape. Lack of consent can result from physical force, threats, coercion, or when the victim is unable to provide meaningful consent due to incapacitation or mental incapacity.
Rape charges can be brought against:
- A man who forces a woman to have sex with him
- A woman who forces a man to have sex with her
- Two people who force each other to have sex with each other
Rape is a serious crime that is punishable by a lengthy prison sentence, as well as a lifetime of being registered as a sex offender. If you are facing rape charges, you need a strong and aggressive defense attorney on your side who will work hard to get your charges reduced or dropped altogether.
What are the Penalties for Rape?
Rape is a Level 3 felony, which carries a potential prison sentence between 3 and 16 years, as well as a fine of $10,000. However, rape can be elevated to a Level 1 felony under certain aggravating circumstances.
These circumstances include:
- Victim's Age: If the victim of the rape is under the age of 12, the offense is automatically elevated to a Level 1 felony. This recognizes the heightened vulnerability and the need for increased punishment when the victim is a young child.
- Victim's Mental Disability: If the victim has a mental disability, and the offender is aware of this disability, the offense can be elevated to a Level 1 felony. This provision is intended to protect individuals with mental disabilities who may be more vulnerable to sexual exploitation.
- Use of a Deadly Weapon: If the offender uses a deadly weapon during the commission of the rape, it can also be enhanced to a Level 1 felony. The use of a weapon adds an additional layer of danger and potential harm to the victim.
A Level 1 felony in Indiana is one of the most serious offenses, and the penalties reflect this severity. The potential sentence for a Level 1 felony can range from 20 to 40 years in prison, depending on various factors, including prior criminal history.
What is the Statute of Limitations for Rape in Indiana?
Under Indiana law, there is no statute of limitations for rape charges. This means that a person can be charged with rape at any time, even if the alleged crime happened decades ago.
Statutory Rape Laws in Indiana
Statutory rape is a criminal offense that involves sexual intercourse between an adult and a minor who is under the age of consent. This is a very serious offense and the penalties can be harsh.
In Indiana, the age of consent is 16 years old. This means that individuals who are 16 or older are considered legally capable of providing informed and voluntary consent to engage in sexual activity.
Indiana law has a provision known as "Sexual Misconduct with a Minor." This law applies when an adult engages in sexual activity with a minor who is at least 16 years old but under 18 years old. Here are some key points about this law
The penalties for sexual misconduct with a minor can vary depending on factors like the age of the offender and the presence of aggravating circumstances. Level 5 felonies in Indiana can result in a sentence of 1 to 6 years in prison, while Level 4 felonies can carry a sentence of 2 to 12 years.
Contact Our Indianapolis Rape Defense Attorneys
At The Criminal Defense Team, we have a dedicated team of criminal defense attorneys who are ready to aggressively defend you against your charges. We understand how stressful and confusing it can be to be charged with rape and we can help you navigate the legal system so you can get the best possible outcome in your case.
“We would recommend the Criminal Defense Team to anyone.” - Vicki
“This is Mr. Andrew Baldwin’s specialty and he knows his stuff!” - Donita
“I feel they genuinely care about others and work together quite well as a team.” - Brandon