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Indianapolis Sex Crime Attorney

Proficient and Knowledgeable Defense Against Indianapolis Sex Crimes Accusations

sex crimes Section 35-42-4 of the Indiana Code criminalizes certain offenses such as rape and sexual battery as sex crimes. Indianapolis sex crime attorney Chris Eskew knows a conviction for a sex crime is associated with especially burdensome penalties, including difficulty finding a job or apartment, inability obtaining government benefits, trouble maintaining custody or visitation rights, sex offender registration, and reputation damage. It can completely alter your life, destroy your family, and hurt your future. In order to fight false accusations or unfair arrests, it is absolutely crucial that you have a team of dedicated and talented Indianapolis criminal defense lawyers on your side.

Eskew Law LLC represents clients throughout the state of Indiana that have been wrongly accused of sex crimes. We have experience handling a wide variety of different offenses and can help you understand the law and how to use the law to defend against the allegations. Call Eskew Law LLC today at (317) 974-0177 to discuss your charges.

Types of Sex Crimes

Eskew Law LLC represents Indianapolis and Indiana residents accused of:

Child Molestation

Child molestation covers (1) sexual intercourse, (2) deviate sexual conduct, and (3) fondling or touching with intent to arouse or satisfy either the child or accused’s sexual desires. While the child must be under 14-years-old, the accused can be any age.

  • Sexual intercourse or deviate sexual conduct: Level 3 felony
  • Fondling or touching with the intent to arouse or satisfy: Level 4 felony

Aggravating factors can enhance the sentence, including:

  • The accused is aged 21 or older
  • Use or threat of deadly force
  • Presence of a deadly weapon
  • Serious bodily injury
  • Use of drugs such as GHB

Rape

Rape is sexual intercourse either without the victim’s consent or with a victim who is legally unable to consent. Consent issues arise when one or more of the following factors are present:

  • Use or threat of force
  • The victim is not aware that intercourse is happening due to factors such as unconsciousness
  • Mental disability or deficiency
  • Presence of a deadly weapon
  • Use of drugs such as Rohypnol

Rape is a Level 3 felony. However, it becomes a Level 1 felony if certain aggravating factors are present like a deadly weapon.

Criminal Deviate Conduct

Sexual deviate conduct is sexual activity that does not arise to sexual intercourse. Like rape, sexual activity requires valid consent. Individuals with mental disabilities or deficiencies are unable to consent. In addition, lack of consent occurs when:

  • The accused uses force or threat of force
  • The victim is unaware that the sexual activity is occurring
  • The accused is armed with a deadly weapon
  • The victim is drugged without their knowledge

Criminal deviate conduct used to be a separate offense. Now it is grouped together with rape as “other sexual conduct.” Criminal deviate conduct is a Level 3 felony.

Sexual Misconduct with a Minor

Sexual misconduct with a minor involves (1) sexual intercourse, (2) deviate sexual conduct, or (3) fondling or touching with intent to arouse or satisfy either the minor or accused’s sexual desires. The minor must be 14- or 15-years-old, and the accused must be at least 18-years-old.

  • Sexual intercourse or deviate sexual conduct: Level 5 felony
  • Fondling or touching with the intent to arouse or satisfy: Level 6 felony

Aggravating factors can bump up the penalty for sexual misconduct, including:

  • The accused is aged 21 years or older
  • Use or threat of deadly force
  • Presence of a deadly weapon
  • Serious bodily injury
  • Drugs such as Rohypnol

Child Seduction

Child seduction occurs when an adult who is a stepparent, adoptive parent, adoptive grandparent, guardian, custodian, child care worker, or military recruiter of a minor aged 16 or 17 engages in:

  • Sexual intercourse
  • Deviate sexual conduct
  • Fondling or touching with the intent to arouse or sexually satisfy the minor or accused

Section 35-42-4-7 of the Indiana Code identifies and defines which types of individuals can be charged under the statute, such as teachers or foster home caregivers. Child seduction is a Level 6 felony if fondling is involved or a Level 5 felony is sexual intercourse is involved.

Child Solicitation

Child solicitation involves soliciting a child under the age of 14 to either participate in sexual intercourse, deviate sexual conduct, or fondling or touching intended to arouse or sexually gratify either the child or accused. “Solicit” is defined in Section 35-42-4-6 as:

  • Advising
  • Authorizing
  • Commanding
  • Inciting
  • Requesting
  • Urging

Solicitation can be done in person, over the phone, in writing, using a computer or text message, via advertisement, or any other method. The accused must be at least 18 years of age. Solicitation is a Level 5 felony unless certain aggravating factors are present, which can bump the offense up to a Level 4 felony. These factors include:

  • Use of a computer
  • Previous solicitation conviction

Prostitution

Section 35-45-4-2 of the Indiana Code defines prostitution as the act of knowingly or intentionally performing or agreeing to perform sexual intercourse, deviate sexual conduct, or fondling for payment. Prostitution is a Class A misdemeanor but becomes a felony if the accused has at least two prior convictions for prostitution.

Sexual Battery

Sexual battery is unlawful touching of another with the intent to either arouse or sexually gratify the accused or the victim. The touching must occur without consent, which can involve:

  • The use or threat of imminent force
  • The victim cannot consent due to intellectual disabilities
  • The use of a deadly weapon
  • The victim is drugged

Sexual battery is a Level 6 felony. However, it becomes a Level 4 felony if the individual is unable to consent due to mental disabilities.

Defenses

The defenses available for your case will vary depending on the type of charge and the facts of your case, making the decision to hire a knowledgeable Indianapolis sex crime lawyer of the utmost importance. Common defenses depending on the charge may include:

  • Valid consent
  • Mistaken identity
  • You were legally married to the minor
  • You reasonably believed the minor was of age
  • Accident or mistake
  • Constitutional violations that occurred during the investigation or arrest
  • False accusations
  • Lack of intent
  • The government is unable to prove the offense beyond a reasonable doubt

Indianapolis Sex Crime Attorney Serving Clients Located Throughout Indiana

An allegation of rape, sexual battery, child molestation, or any other sex crime is an incredibly serious accusation. To save your reputation, future, and freedom, contact Eskew Law LLC now. Over the past decade, our Indianapolis criminal defense attorneys have worked tirelessly to absolve clients of false complaints, fight shoddy police investigations, and defend against charges in court. We customize representation based on your needs, the facts of your particular case, and your available options. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To speak with an Indianapolis sex crime lawyer and schedule your consultation, call Eskew Law LLC at (317) 974-0177 or contact us online.