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Criminal defense for rape and sexual assault

| Jul 23, 2020 | Criminal Law |

In Indiana, any form of non-consensual sex is a crime. This classification includes crimes like statutory rape, child molestation or sexually touching an adult without consent. Some accusations are not founded on facts, which is why Indiana residents may want to be familiar with what constitutes a valid charge of sexual assault in the state.

Indiana has a Romeo and Juliet law, which means that teens engaging in consensual relationships can’t be prosecuted for rape. This statute makes it possible for teens aged 14-15 to have dating relationships with peers up to four years older than they are with no fear of being charged. However, people with records of sexual misconduct are not protected by the Romeo and Juliet law.

Sexual contact with anyone under the age of 14 is illegal in this state. It’s defined as child molestation. Most incidences of child molestation are prosecuted as a Level 3 felony. If there are aggravating factors, it can be classified as a Level 1 felony. Examples of these include rape or molestation by an adult over the age of 21.

Another sexual crime that’s often prosecuted is possession of child pornography. Children can never consent to participate in this kind of material. However, there are cases when an accused person is not guilty of seeking out child pornography. Sometimes, it has been planted, or it’s been acquired due to an internet virus.

For anyone accused of a sexual felony, it may be beneficial to have an attorney experienced in criminal law. Defense lawyers have specialized knowledge of the ins and outs of the criminal justice system, so they may be able to help a defendant explore possible options for a defense at trial or a plea bargain.