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Anderson Rape Defense Attorneys

Facing a rape charge is one of the scariest criminal legal situations. The stakes are high – not only for your freedom, but also for your reputation. A conviction could not only mean prison and fines, but it could also mean registering as a sex offender. Finding a rape defense attorney who will protect your legal rights and present your defense is crucial. The rape defense lawyers at SDHMR Law Group can help.

In addition to hiring an Anderson sex crimes lawyer, understanding the laws surrounding rape charges in Indiana – including the statute of limitations, penalties, and possible defenses – is vital in these situations.

If you or a loved one has been accused of rape, contact us today at (765) 313-7092 to schedule a free and confidential consultation of your case.

What is Rape?

Under Indiana law, any non-consensual sexual touching of a child or adult is a crime. Specifically, you can face rape charges if you have any form of sex by force, threat of force, or with a person who couldn’t consent because of mental disability or unconsciousness. Performing any of these acts may subject you to a Level 3 felony charges. Use of deadly force or weapon, causing serious bodily injury, or using date rape drugs during commission of rape, however, may result in a Level 1 felony charge.

Keep in mind that you could face statutory rape charges if the alleged victim is younger than 16, which is the age of consent in Indiana. Depending on your age, and if the sexual activity wasn’t forced, it might fall under an exception to the statutory rape law. The state’s “Romeo and Juliet Law” provision permits consenting 14 and 15-year-olds to have consensual sexual activity with anyone who is no more than four years than them.

Indiana Rape Penalties

Penalties for a rape conviction can vary based on the specific facts of your case. The age of both parties and whether aggravated circumstances were present is typically taken into consideration when determining a sentence for a rape conviction.

If found guilty of a Level 1 felony for rape, you face between 20 and 40 years in prison, in addition to fines reaching $10,000. If you are convicted of Level 3 felony rape, you face three to 16 years in prison, and a fine of up to $10,000.

What is the Statute of Limitations for Rape?

The alleged victim’s age determines the statute of limitations for a Level 3 felony rape charge in Indiana.

  • If the victim is under 18, the charges must be prosecuted within 10 years after the crime. An exception to this limit exists if the victim is dependent on the person who allegedly committed the offense. In this situation, the statute of limitations is 10 or four years after the dependency ends, whichever is later.
  • If the victim is 18 or older, charges must be pursued within five years.

You could still be charged, however, even if barred under either of the two statutes of limitations above under some limited circumstances, such as discovering DNA evidence, or if someone confesses.

There is no statute of limitations for a Level 1 felony rape charge in Indiana, and prosecution can be pursued at any time.

Possible Defenses Against Rape Charges

At SDHMR Law Group, our rape defense attorneys will gather the facts of your case, then apply the relevant law and our years of experience to determine what defenses may exist for your serious charges. Some defenses we may use in your case include:

  • Innocence – You could not have committed the rape, because you were elsewhere, it is a case of mistaken identity, or there was no sexual contact between you and the alleged victim.
  • Insanity – Another possible defense against rape charges in Indiana is if you were mentally incapacitated at the time of the offense.
  • Consent – If the alleged victim was at least 16-years-old or more, conscious, without intellectual disability, and wanted sexual contact, consent may be a valid defense in your situation.
  • IN’s “Romeo and Juliet” exception – If you weren’t more than four years older than the underage victim, were dating, no aggravating factors exist, and you have no previous sexual offense on your record, then we may employ the use of this defense.

Contact an Anderson, IN Rape Defense Attorney Today

Because rape allegations are so serious, you should contact the rape defense lawyers at SDHMR Law Group right away. Our attorneys draw on their years of experience to effectively fight for your rights and ensure your freedom is protected throughout the entire legal process. They know both sides of the criminal legal system and use that insight to help resolve your case.

If you or a loved one is facing rape charges, contact us today at (765) 313-7092 to schedule a free, initial consultation of your case.