Understanding First Degree Rape Charges in Indiana
Indiana law does not use the term ‘first degree rape’ in its criminal code. Rather, rape is defined on Indiana Code 35-42-4-1, which is sexual intercourse with another person using force or threat of force, or while the person is mentally or physically incapacitated.
The most severe rape offenses, which may be considered first-degree rape on other states, are usually considered Level 1 felonies in Indiana. First-degree rape typically involves aggravating factors, such as causing serious bodily injury or using deadly weapons.
A rape conviction in Indiana carries other severe consequences, including a minimum 20 year sentence for a Level 1 felony, and a permanent criminal record. It’s critical to understand how Indiana views this crime and prosecutes offenders so you can mount the most rigorous defense.
Degrees of Rape Under Indiana Law
Indiana law doesn’t categorize rape crimes into degrees, such as first, second, etc. Instead, the state classifies rape based on the case circumstances, which determine the type of felony and potential penalties.
Definition Of Rape In Indiana
Rape in Indiana occurs when a personal knowingly engages in sexual intercourse with another party, or causes them to perform or submit to sexual condition under specific circumstances. The conditions include:
- The victim is compelled by force or threat of force.
- The victim is unaware that the act is occurring because of unconsciousness or intoxication.
- The victim is mentally deficient or disabled and cannot consent.
This rape definition is seperate from statutory rape, which involves those under 16 and is prosecuted under other statutes, such as child molestation or sexual misconduct with a minor.
Lesser sexual assault crimes, such as criminal deviant conduct or sexual battery, are charged as Level 4 or Level 6 felonies in Indiana, depending on the circumstances.
How Indiana Classifies and Penalizes Rape
How rape is classified in Indiana depends on the following aggravating factors:
- Whether the defendant used a weapon to commit the crime.
- Whether the rape victim suffered bodily injury.
- Whether the victim was unconscious, mentally incapacitated, or physically helpless.
Indiana law allows prosecutors to enhance a rape charge based on aggravating circumstances. For example, aggravated rape is a Level 1 felony for using force or threat of deadly force, being committed when armed with a deadly weapon, or causes serious bodily injury.
A Level 1 felony conviction, which other states consider first degree rape, results in a prison term of 20 to 40 years, with 20 years being the minimum sentence. Probation may be impossible in many cases.
A Level 1 felony conviction requires the defendant to register as a sex offender, and they may face permanent supervision under the state sex offender registration statutes. Repeat aggravated rape offeners may be deemed a habitual offender, which may increase the sentence.
Consent and Sexual Battery in Indiana
In Indiana, sexual battery is defined under Indiana Code 35-42-4-8. It is defined as a non-consensual act where a person, with the intent to arouse or satisfy their sexual desires or those of another, touches another person under specific conditions. These conditions include:
- The victim is compelled to submit to the touching by force or the imminent threat of force.
- The victim is so mentally disabled or deficient that they cannot give consent; or
- The victim is unaware of the touching, such as when it involves their genitals, pubic area, buttocks, or female breast.
Sexual battery is usually classified as a Level 6 felony, punishable by up to 2.5 years in prison and a fine of up to $10,000. However, it can escalate to a Level 4 felony if committed with deadly force, a deadly weapon, or by drugging the victim without their knowledge. In these cases, the penalty is 12 years in prison and lifelong sex offender registration.
Indiana Law And Consent
Indiana’s criminal code does not explicitly define “sexual consent” as a distinct concept. However, consent is a critical element in sexual battery and other sex crime cases. Consent must be voluntary, freely given, and can be withdrawn at any time during sexual activity. Consent is invalid if the victim is coerced by force or threats, or is mentally or physically incapacitated.
For instance, touching someone who is intoxicated to the point of incapacity or asleep constitutes sexual battery, because they cannot legally consent. The age of consent in Indiana is 16, so individuals under 16 cannot legally consent to sexual activity, even if they verbally agree. Indiana’s “Romeo and Juliet” law offers an exception, allowing consensual sexual activity between a 14- or 15-year-old and someone less than four years older, if no force, weapons, or drugs are involved.
Understanding how the law views consent is critical to mounting a strong defense. Your criminal defense attorney will closely examine the circumstances of your case to determine whether sexual consent was provided or not.
Sexual Battery
Sexual battery and rape share similarities under state law, but they are distinct offenses. Rape, defined involves sexual intercourse or other sexual conduct without consent, often through force, threat, or the victim’s incapacity.
Sexual battery, on the other hand, involves non-consensual touching or fondling with sexual intent but does not require penetration. For instance, forcibly fondling someone’s breasts is sexual battery, while non-consensual intercourse is rape. Both crimes often overlap because an act of rape typically includes the elements of sexual battery. Rape is a Level 3 felony with a sentence between three and 16 years, while aggravated rape is a Level 1 felony resulting in 20 to 40 years in prison.
Defending Against First Degree Rape Allegations in Indiana
A first degree or aggravated rape charge is serious, but the prosecution must prove their case beyond a reasonable doubt. The most effective defenses for Indiana rape charges include:
Consent
One of the primary defenses against first degree rape allegations is proving that the sexual activity was consensual. Consent must be voluntary, informed, and given by someone capable of consenting (i.e., not incapacitated, underage, or coerced).
Your defense lawyer may present evidence, such as text messages, social media interactions, or witness testimonies, that show the alleged victim’s willing participation. However, this defense is challenging if the prosecution argues the victim was too intoxicated, unconscious, or mentally incapacitated to consent.
Challenging The State’s Evidence
Another strategy is to challenge the prosecution’s evidence, such as questioning the accuser’s credibility, highlighting inconsistencies in their story, or demonstrating a motive for false allegations (e.g., revenge or personal disputes). If a deadly weapon or drug is alleged, your defense attorney may dispute forensic evidence, such as the absence of weapon-related injuries or toxicology reports contradicting the prosecution’s claims.
Procedural and Evidentiary Defenses
Your criminal defense lawyer can also challenge the legality of how the evidence was obtained. For example, if police conducted an unlawful search or coerced a confession from you, your defense can file a motion to suppress that evidence, potentially weakening the prosecution’s case.
Forensic evidence, such as DNA, is often critical to rape cases, but your defense can question its handling, chain of custody, or interpretation. For instance, the presence of DNA may not prove a lack of consent, only that sexual activity occurred.
Additionally, Indiana’s rape shield law limits the defense’s ability to introduce the alleged victim’s sexual history. Still, exceptions exist if the evidence is relevant to consent or if another person is the source of the physical evidence. An experienced criminal defense attorney will carefully consider these restrictions to avoid prejudicing the case.
Mitigating Risks Of Conviction
Defending against first degree rape allegations effectivley requires immediate action as soon as you are arrested or questioned to avoid self-incrimination. Never speak to police without an attorney, as statements can be used against you.
Hiring a skilled criminal defense attorney familiar with Indiana’s sex crime laws is critical to investigate the allegations, interview witnesses, and consult experts, such as forensic psychologists or medical professionals, to counter the prosecution’s narrative. Pretrial motions, such as those to exclude inadmissible evidence, can also shape the outcome. If convicted, the consequences are life-altering, including decades in prison and permanent sex offender status, making a strong defense essential.
Remember, the sooner an experienced Indiana criminal defense lawyer is involved in your case, the more defense options are available. Many defendants wait too long to retain a defense attorney, and they may say or do things when questioned by the police that limit their attorney’s options later.
Contact Our Rape Defense Attorneys Today
A rape charge is serious, but convictions for this charge aren’t easily obtained. The prosecution must prove your guilt beyond a reasonable doubt. They must prove non-consent, penetration, and often specific aggravating factors with solid evidence. Indiana’s rape shield law limits defense use of a victim’s sexual history, but defendants can still challenge credibility, present alibis, or introduce evidence of consent, like texts or videos.
Many rape cases result in acquittals or plea deals to lesser charges, such as sexual battery, due to evidentiary gaps or juror reluctance to convict without physical proof. However, a favorable outcome to a rape allegation requires skilled legal representation from day one.
Gemma & Karimi offer aggressive, experienced defense in first degree and aggravated rape cases in Indiana. They were prosecutors before becoming defense lawyers and understand how they think and the evidence needed to convict defendants of rape. If you’re being investigated or facing criminal charges for first degree or aggravated rape, contact Gemma & Karimi immediately at (317) 602-5970. Our attorneys possess an outstanding case result record for many serious crimes, including sexual assault, sexual contact, and more.
