Indianapolis Sex Crimes Lawyer

Section 35-42-4 of the Indiana Code criminalizes certain offenses, such as rape and sexual battery, as sex crimes. Including difficulty finding a job or apartment, inability to obtain 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. To fight false accusations or unfair arrests, it is absolutely crucial that you have a team of dedicated and talented Indianapolis sex crimes lawyers on your side.

The criminal defense attorneys at Eskew Law represent clients throughout the state of Indiana who 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 today at 317-699-4655 to discuss your charges.

Comprehensive Legal Defense for Various Types of Sex Crimes in Indianapolis

At Eskew Law, our attorneys represent Indianapolis and Indiana residents accused of a variety of sex crimes. These include:

• Child molestation: Sexual contact with a child less than 14 years old, even if the defendant believed the child was older at the time of the conduct
• Rape: Having sexual intercourse by way of force or with a victim who cannot consent
• Criminal deviate conduct: A sexual act involving a sex organ of one person and the mouth of another person
• Sexual misconduct: Sexual intercourse or deviate sexual conduct without consent
• Sexual misconduct with a minor: Sexual intercourse or deviate sexual conduct with a minor under 14 years old
• Child seduction: Sexual intercourse or deviate sexual conduct by a guardian, adoptive parent, or stepparent
• Child solicitation: Commanding or advising a child under 14 years old to engage in sexual acts
• Prostitution: Performing or agreeing to perform sexual acts in exchange for payment
• Sexual battery: Touching another person by force or without consent, even if the other person is unaware

Indianapolis attorney Chris Eskew knows a conviction for a sex crime is associated with especially burdensome penalties, and he could fight for your rights by building a solid defense strategy.

Potential Defenses for Child Molestation Cases

Child molestation covers (1) sexual intercourse, (2) deviate sexual conduct, and (3) fondling or touching with intent to arouse or satisfy either the child’s or the 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 is a Level 3 felony, and fondling or touching with the intent to arouse or satisfy is a 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

Our Indianapolis attorneys are experienced in defending cases involving these types of sex crime charges, and we could put that experience to use for you.

Defending Against Rape Charges

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 certain factors are present, including:

• 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. Our sex crimes attorneys in Indianapolis could help you understand the charges against you and what your defense strategy might look like.

Navigating Criminal Deviate Conduct Cases

Sexual deviate conduct is sexual activity without consent that does not include sexual intercourse. Like rape, other 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 with rape as “other sexual conduct,” and our knowledgeable sex crimes attorneys in Indianapolis could help you understand what that means for your case. Criminal deviate conduct is a Level 3 felony.

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 is a Level 5 felony, and fondling or touching with the intent to arouse or satisfy is a 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

If you have been charged with this type of sex crime, do not let it go unchallenged by a skilled Indianapolis defense attorney.

Defense Strategies for Child Seduction Charges

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 if sexual intercourse is involved. We are also experienced in these cases, so reach out to our sexual misconduct attorneys in Indianapolis for help right away.

Facing Child Solicitation Charges

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 the 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 the use of a computer or a previous solicitation conviction. Previous convictions of a sex crime can make a case harder to defend, so get in touch with our Indianapolis defense attorneys for help.

Legal Representation for Prostitution Charges

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. Let us help you understand th legal implications of this sex crime on your life in Indianapolis and build a solid defense strategy for you.

Sexual battery is the unlawful touching of another with the intent to either arouse or sexually gratify the accused or the victim, and our Indianapolis attorneys are familiar with the nature of these case. 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.

Understanding the trial process in Indiana will help prepare you for what’s to come. It’s essential to remember that you have the right to remain silent after you are arrested or detained, and you can always contact an attorney for assistance. When you call an Indianapolis attorney on our team, we can help you navigate the process and answer your questions about your sex crime charges as they arise. After you are arrested and charged, the process will most likely be as follows:

• You’ll attend an initial hearing to learn about your specific charges
• The judge will inform you of your rights
• You will have a chance to enter a plea of guilty or not guilty
• Our attorneys and the state’s attorneys will engage in investigation and discovery to obtain evidence and interview witnesses
• Both sides can file pre-trial motions to try to suppress certain pieces of evidence

If your case goes to trial, an Indianapolis sex crimes attorney on our team will represent you in court, presenting evidence in your defense to get your case thrown out or to get an acquittal. Our team may also negotiate with the prosecution to secure you a plea deal that reduces or removes some of your penalties. Depending on the charges against you, it may be advisable to take a plea deal and avoid going to court.

The most important thing to remember after you are arrested is that you don’t have to talk to anyone without a sex crimes lawyer present. Our team is here to support you and ensure that your rights are protected. Law enforcement officers may say they are on your side, but they’re only trying to build a case against you. We recommend contacting our team as soon as you know there’s an investigation against you.