A rape charge in Indiana is a severe offense. Rape is defined as when someone knowingly and intentionally commits a sex crime with another person and they were compelled by force, a deadly weapon, or they were unaware of the sexual intercourse or sexual conduct that was occurring. A conviction for rape in Indiana is usually a Level 3 Felony, so you need an aggressive criminal defense attorney to assist you now.
The proven Indiana criminal defense attorneys at Gemma & Karimi have an outstanding case success record and will fight tirelessly for the best outcome in your situation. Our elite legal representation will provide a persuasive defense, and we look forward to standing up for your rights.
Contact our Indianapolis criminal defense attorneys for a free consultation at (317) 602-5970. Remember, anything you say to the police will be used against you in your case. Always exercise your right to remain silent, except for giving required information, such as your name and address, and that you want to speak to your attorney.
Understanding Sexual Violence and Assault
In Indiana, rape and sexual assault are defined under Indiana Code 35-42-4-1. The law states that rape has occurred in these circumstances:
- The other party is compelled by force or a threat of force.
- The other party does not know the sexual contact occurred, such as if they were asleep or drugged.
- The other party is so mentally deficient or disabled that they cannot consent to sexual contact.
- The accused disregards the other party’s attempts to refuse the sexual contact.
If charged with a rape crime, get a criminal defense attorney immediately. This is even more critical for convicted sex offenders, because it’s an enhanced charge in these cases.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Ramifications of a Rape Conviction
A rape conviction triggers severe penalties. The standard charge is a Level 3 felony, which may result in three to 16 years in prison, and a $10,000 fine. The charge rises to a Level 1 felony in the following circumstances:
- You used force or the threat of force.
- You used a deadly weapon.
- The crime caused serious bodily injury.
- The victim was drugged without their knowledge.
A Level 1 felony conviction may result in 20 to 40 years in prison and a fine of $10,000. Also, a rape conviction may cause permanent damage to your reputation in the community. You may have to register on the convicted sex offenders list in Indiana, as well. The sex crime registry requirement may last for 10 years or more.
The charge will also profoundly affect your ability to work, rent a home or apartment, or attend college. Many colleges do not allow applicants or students to have serious criminal records. So, there are serious personal and legal consequences to being convicted, so you should hire a criminal defense lawyer immediately.
Defending Against Rape Charges
Defending against a rape charge in Indiana means leveraging various legal strategies that are tailored to your case. Even with a possible Level 3 or Level 1 felony charge for rape, there are several potentially effective defenses for Gemma & Karimi Law to consider:
- Consent: A primary defense for certain illegal sexual conduct charges is that you had consent to have sexual intercourse or commit other sexual acts with the person. Evidence may include eyewitness testimony, communications such as texts, or the plaintiff’s behavior toward you before and after the alleged crime. The evidence may suggest that you and the other party had a friendly, consensual relationship, which can be useful to question a rape charge.
- Mistaken identity: This defense states that you were not the person who committed the illegal sexual contact, such as rape or sexual assault. Potential evidence, such as video footage or eyewitness statements, may be a strong alibi showing you were elsewhere.
- Lack of evidence: The prosecutor must prove beyond a reasonable doubt that you committed the rape or other sexual conduct. Perhaps the prosecution lacks strong physical evidence that you committed the sexual act. Or, the accuser’s statements are inconsistent, or there were police errors, such as contaminated evidence collection. Your attorney will review all of the case evidence to probe for weaknesses in the prosecution’s case.
- False allegation: This defense states that the plaintiff’s accusation that they were sexually assaulted is because of illicit motives, such as revenge or jealousy.
- Mistake of age: The defendant may argue in a statutory rape or other sexual conduct case that they thought the person was at least 16, which is the consent age in Indiana. However, this defense does not apply if a deadly weapon or deadly force was used.
- Romeo and Juliet rule: For an illegal sexual conduct or a charge of sexual assault involving a minor who is 14 or 15, this defense may apply. If the accused is no more than four years older, and the relationship was consensual, this could eliminate the charge.
Why Choose Our Sex Crimes Lawyer in Indiana?
The police say you knowingly and intentionally committed sexual assault against another person. It’s terrifying to know you could go to prison if convicted of illegal sexual conduct, such as rape, or sexual assault with serious bodily injury. Always call on an aggressive, proven sexual conduct defense attorney to fight this serious felony charge.
Gemma & Karimi have over 25 years of combined criminal defense experience. Our clients get outstanding case results for serious criminal charges, such as rape and other illegal sex crimes. Our attorneys are former prosecutors and know how the prosecution thinks about rape charges and the available evidence. We understand how important confidentiality and discretion are in your case, and will always work for the best possible case result during all legal phases. Contact us at (317) 602-5970 for an immediate, free consultation about your rape charge.
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