Indianapolis Rape Lawyer

Any sexual assault allegation can leave you with a lifelong stigma. Despite the seriousness of these allegations, you have the right to due process and a fair trial, and prosecutors will not prevail in a rape trial unless they are able to prove the defendant’s guilt beyond a reasonable doubt to a jury.

Your best strategy against any state sexual assault charge is to retain the services of an Indianapolis rape lawyer who could monitor all aspects of your case and verify that investigators and prosecutors are not violating evidentiary rules or your due process rights. In every case, our sex crimes defense attorneys at Eskew Law ensure that trials proceed strictly with applicable rules while allowing the full presentation of the strongest available defenses.

How Does State Law Define Sexual Assault?

Indiana Code § 35-42-4-1 defines rape as sexual intercourse or a sex act that is done by force or threat of force without consent from the victim. Another way this can be charged is if the alleged victim is in a state where they can not consent. The law treats rape as a Level 3 Felony that can result in a prison sentence of up to 16 years and a fine of up to $10,000. If the allegations reflect certain aggravating factors, including a threat of deadly force or if the victim suffers a serious bodily injury, a prosecutor can elevate the charges to a Level 1 Felony, which can result in a prison sentence of up to 40 years.

In the first instance, a criminal defense attorney in Indianapolis may carefully compare the evidence and the charges in a rape indictment to determine if the case is amenable to lesser charges, such as sexual battery, confinement, or misconduct. To give the best opportunity to prepare the strongest available defense, a defendant should hire an attorney as soon as they become aware of pending sexual assault charges.

How Does State Law Address Consent by the Victim?

State law deems rape victims to be unable to consent to sexual intercourse if they do not have the requisite mental capacity for consent or if they are under the age of 16. In other cases, a prosecutor will seek to prove lack of consent by emphasizing the totality of the circumstances surrounding the alleged sexual assault.

In Indianapolis, a rape defense lawyer might challenge allegations of lack of consent with an analysis of:

• Verbal or electronic communications suggesting consent over refusal
• Perceptions and reports from witnesses who perceived earlier interactions between the defendant and the victim
• Cases where the victim claims someone drugged them, and toxicology reports show an absence of intoxicating substances in the victim’s system
• Expert testimony from psychologists and other professionals that contradict the conclusions the prosecutor attempts to draw from different evidentiary sources

Proof of consent or a victim’s lack of consent is often the linchpin of a rape trial. The state’s rape shield law in Ind. Code § 35-37-4-4 precludes a defense attorney from emphasizing prior incidents of a victim’s sexual behavior or an alleged predisposition to giving consent. Nonetheless, an attorney could use a victim’s prior criminal convictions for impeachment to weaken their direct testimony. They could also introduce the defendant’s and the victim’s history of sexual relations, or use DNA and other evidence to suggest that someone other than the defendant had raped the victim.

Call an Experienced Lawyer in Indianapolis for a Rape Conviction

The consequences of a rape conviction, such as mandatory registration as a sex offender, go well beyond incarceration. At Eskew Law, we could provide the guidance and advice you need to get the fairest trial in full accordance with your due process rights. Contact a skilled Indianapolis rape lawyer today for a free consultation and to begin establishing the strongest defense available for your case.