Experienced Attorneys Serving the Central Indiana Area
CNN recently ranked Indiana fifteenth out of the 50 states and the District of Columbia in terms of the frequency of reported forcible rape. The state apparently has 25.5 reported rapes per 100,000 people. Reported rape is most common in Alaska, with nearly 80 incidences of rape per 100,000 people, and it is least reported in New Jersey with 11.7 incidences per 100,000 people. Indiana has less than the national average of 27 reported incidences of rape per 100,000 people.
Rape is an incredibly serious offense and is aggressively prosecuted in Indiana, making the decision to hire a successful Indianapolis rape attorney of the utmost importance. A rape conviction also potentially carries severe penalties, with substantial prison time. If you find yourself charged with this offense in Indianapolis or anywhere in the Central Indiana area, you should seek the assistance of seasoned attorney Chris Eskew of Indianapolis law firm Eskew Law, LLC as soon as possible. Having an aggressive defense lawyer by your side at the outset of your case may help you achieve a favorable outcome later on.
Rape Defined by Indiana Code
Indiana statutes at Ind. Code § 35-42-4-1 defines rape generally as the crime committed when a person knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally makes another person perform or submit to other sexual conduct when:
- The other person is compelled by force or imminent threat of force;
- The other person is unaware that the sexual intercourse or other sexual conduct is occurring; or
- The other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct cannot be given.
“Other sexual conduct” is defined by Ind. Code § 35-31.5-2-221.5 as an act involving a sex organ of one person and the mouth or anus of another person, or the penetration of the sex organ or anus of a person by an object. Rape is normally a Level 3 felony punishable, in accordance with Ind. Code § 35-50-2-5, by a fixed prison term of between six and 20 years and a fine not exceeding $10,000.
However, Indiana statutes at Ind. Code §35-42-4-3 also lists circumstances when the offense of rape is upgraded to a Level 1 felony punishable by a fixed prison term between 20 and 40 years and a fine not exceeding $10,000. These circumstances are the following:
- The crime is committed by using or threatening the use of deadly force;
- The crime is committed while armed with a deadly weapon;
- The crime results in serious bodily injury of a person other than the defendant; or
- The crime is facilitated by furnishing the victim, without the victim’s knowledge, with a drug or a controlled substance, or knowing that the victim was furnished with such drug or controlled substance without his or her knowledge.
If you have any questions regarding the definition of rape in Indiana, consult an accomplished Indianapolis criminal defense lawyer with experience handling such cases. Rape is a serious sex crime that can have life-changing consequences if convicted.
Statute of Limitations for Rape
Indiana statutes at Ind. Code § 35-41-4-2 provide that a prosecution for rape is normally barred after five years from the time the offense was committed. However, under a recently-passed amendment to the statute, prosecution may be commenced within five years after:
- The state discovers evidence sufficient to charge the offender through DNA analysis
- The state becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or
- A person confesses to the offense.
Call an Indianapolis Rape Attorney If You’re Facing Charges
If you were charged with rape in Indianapolis or anywhere in the Central Indiana area, you must contact an experienced Indianapolis rape lawyer immediately. It is a serious charge, and waiting before you seek legal assistance may be detrimental to achieving a favorable result. Call Eskew Law LLC at (317) 974-0177 or submit our online consultation request form. We will review your case, conduct a thorough investigation, and help you determine the best strategy for an effective defense.