Being charged with sexual assault in Indiana can mean significant consequences, including carrying a criminal record for the rest of your life.
Because of the seriousness of the penalties, Indiana (like many other states) looks to prosecute the cases that have the most substantial evidence available, which means charges that are as recent as possible. That is where the sexual assault statute of limitations comes into play.
Is there a statute of limitations on sexual assault in Indianapolis? Yes. The statute of limitations for sexual assault is strictly followed in Indiana, though there are a few exceptions to be aware of.
Learn more about what the statute of limitations is when it comes to sexual abuse and assault, and get an in-depth answer to “Is there a statute of limitations on sexual assault?”
Understanding the Statute of Limitations for Sexual Assault
The statute of limitations for sexual assault in Indianapolis refers to the amount of time that the alleged victim has in which to file an accusation. If someone tries to begin a case after this deadline passes, it will be dismissed by the court. The type of sex crime you’re accused of committing will dictate the amount of time the victim has to bring a case forward.
In the majority of cases, the statute of limitations clock begins right after the alleged assault occurred. There are exceptions for some felony sex offenses, as well as for childhood sexual assault accusations. Indiana has both civil and criminal statutes that may have different time frames, with criminal ones typically offering a shorter amount of time in which to file charges.
There are instances, as when new DNA evidence is found, in which the statute of limitations clock can be restarted, but these instances tend to be less common.
Criminal Statute of Limitations for Sexual Assault in Indianapolis
Is there a statute of limitations on sexual assault in Indianapolis? Yes, but the nature of the alleged assault will dictate the amount of time the victim has to file.
Rape
If you’re charged with intentionally or knowingly having non-consentual sexual intercourse with someone else or compelling them to do so by using force or the threat of force, you could be charged with a Level Three felony rape.
This charge also applies if the victim is mentally disabled or so deficient that they cannot give their consent. For a Level Three felony involving a victim who is 18 or older, the statute of limitations is five years.
If you’re charged with doing the above while using or threatening to use deadly force, allegedly causing serious bodily injury, or drugging the victim, you can face Level One felony charges. For these crimes, criminal charges can be started at any point, so there is no statute of limitations that applies.
Child Molesting
Child molestation is a type of childhood sexual abuse that involves a minor who is younger than 14. You can be charged with a Level Three felony if you’re accused of performing or submitting to sexual intercourse with someone in that age range.
The charges can be upgraded to a Level One felony, however, if you’re 21 years or older, are accused of using or threatening to use deadly force while being armed with a deadly weapon, causing serious bodily injury, transmitting a dangerous disease while having knowledge that you had the disease, or furnishing the victim with drugs without their knowledge.
A Level Four felony charge of child sexual abuse deals with fondling or inappropriate touching of someone under 14 with the intent of satisfying the sexual desires of either the child victim or the perpetrator. It can become a Level Two felony offense if there’s deadly force or the threat of it, the perpetrator has a deadly weapon, or drugs are utilized.
The Indianapolis sexual assault statute of limitations for these charges is more complex because it involves child victims who may not be able to pursue legal action on their own. In most instances, the legal action must be started before the alleged victim turns 31.
Keep in mind that the prosecution must begin the case within five years of finding DNA evidence, a recording that is enough to charge the defendant, or someone confesses to the crime. If they fail to do so, they’ll miss the statute of limitations on sexual assault of a minor.
Sexual Misconduct With a Minor
Is there a statute of limitations on sexual assault that is considered a Level Five felony? There is. These charges involve sexual misconduct with someone who is under 16 years old when the perpetrator is at least 18. It can become a Level Four felony if the person accused is at least 21.
The crime can become a Level One felony if there is deadly force used or threatened, if there’s serious bodily harm, or if there are drugs used without the victim’s knowledge.
If any of the above involves fondling, charges can be that of a Level Six felony, up to a Level Two felony if there was deadly force, injuries, or the use of drugs. In these criminal cases, the victim must bring charges by the time they turn 31, within five years of the prosecution finding DNA evidence or recordings, or if someone confesses to the crime.
Child Exploitation and Possession of Child Pornography
Child exploitation is a Level Five felony for anyone who allegedly produces, manages, sponsors, presents, films, or creates images of any sexual conduct involving a child under 18 years of age. These charges can also occur if you knowingly show these images to someone else with the intent of sexual gratification.
If there are instances of bestiality, the child is mentally incapacitated, there’s force or the threat of force used, serious bodily injury occurs, or the child is less than 12 years of age, the charges become that of a Level Four felony.
The possession of child pornography is a Level Six felony unless there’s bestiality, force, injuries, or the child is younger than 12. Then, you can be charged with a Level Five felony.
In each of these cases, the legal action must begin within 10 years of the alleged offense or within four years of the victim becoming independent of the perpetrator.
Sexual Battery
Sexual battery occurs if you’re accused of touching the victim or forcing them to touch you for the purposes of sexual gratification. It also occurs if the perpetrator touches the other party’s genitals without them knowing it. It’s a Level Six felony unless there’s deadly force or the threat of it, or drugs were used without the victim’s knowledge.
For a Level Four or Six felony in which the victim is less than 18, prosecution must be started within 10 years of the offense. If the victim is over 18, the case must start within five years of the offense.
Why Statutes of Limitations Matter in a Sexual Assault Defense Case
Now that you have an answer to the question “Is there a statute of limitations on sexual assault in Indianapolis?” it’s important to understand why these rules exist. The main goal is to prevent unfair prosecutions based on less-than-stellar evidence.
Sexual assault cases are known for not producing as much viable evidence as other types of crimes. Bodily fluids can degrade and not offer the clear results needed to provide the strong DNA evidence necessary, so the more time that passes from the moment when the alleged assault occurred, the more difficult it can be to prove who the perpetrator was. Sometimes, even proving that assault or abuse occurred is tough.
The statute of limitations in sexual assault cases is in place to give the accused the chance to defend themselves fairly. If too much time passes, it can be difficult to find witnesses who can offer an alibi or to find evidence that proves they were not the perpetrator. It can put you at a disadvantage.
The statute of limitations helps to protect the justice system, too, because it prevents backlogs of old cases that delay newer ones. If all sexual abuse or assault cases could be brought forward at any time, the courts would be overwhelmed with claims they can’t find evidence for. It would prevent victims from getting the effective legal remedies that they deserve.
These deadlines also help to prevent someone who is accused of a sexual crime from having to live with the threat of prosecution for the rest of their lives. Although the most serious charges don’t have a statute of limitations, most others do, allowing everyone to move on.
Why You Need a Criminal Defense Attorney for Sexual Assault Charges
You should never face sexual assault charges without legal representation. Being convicted can have severe consequences that could echo throughout your life, leaving you unable to live as you prefer.
You face jail time if you’re convicted. Level One felony charges carry sentences of between 20 to 40 years in prison. Even Level Six felonies, which are the least serious felonies you can be charged with, carry sentences of up to two years behind bars.
Aside from imprisonment and significant fines, you will have a criminal record and have to register as a sex offender. One of the first things your criminal record will impact is your employment. If you have professional licenses, you’ll likely lose them, making it impossible to practice your vocation. You’ll find it much more difficult to get a good job, too, since most people prefer not to employ ex-convicts.
Where you live will also be challenging to arrange. Being registered as a sex offender seriously limits your access to housing because you must remain far from schools. Landlords may not accept applications from people with criminal records, and you’ll not be allowed in public housing.
Returning to school will be a challenge, as well. Being registered as a sex offender will mean not being allowed around people who are 18 and younger, so colleges and universities could be out of bounds. You also won’t be able to receive a loan to pay your tuition.
With a felony criminal record, you’ll lose your right to own firearms, as well, along with other civil rights. It can be much easier for the victim to begin civil litigation, which puts more financial strain on you.
The social stigma associated with being a convicted felon is significant, as well. You could experience discrimination and find it very difficult to build relationships.
How Gemma & Karimi Can Help Defend Your Case
If you’re facing sexual assault charges in Indiana, having experienced representation by your side is invaluable.
At Gemma & Karimi, our criminal defense lawyers provide support backed by decades of experience working not only as defense lawyers but also as prosecutors. We understand what the state will look at and what evidence it can use against you, allowing us to plan targeted defenses.
We understand how frightened and overwhelmed you must be after being charged with sexual assault. You can expect to receive the compassionate and respectful legal support you deserve.
We’ll evaluate the charges and begin an investigation into the alleged crime, as well as into how law enforcement found the evidence against you and whether they have enough to prosecute you.
One of the first things we’ll look at is whether the time limit the alleged victim had has been met or not. If they try to bring charges against you when the statute of limitations has passed, we’ll fight to have the case thrown out.
If we find that police veered in any way from procedure standards or if they violated your rights during and after your arrest, we can use this against them. We can question the reliability of witnesses and challenge evidence, too.
Don’t attempt to handle these charges on your own when there are defense attorneys with the knowledge and experience to effectively fight for your rights. Contact Gemma & Karimi to schedule a consultation with an Indianapolis attorney.
