Published in Criminal Law by Chris Eskew on February 9, 2024.
Being accused of a sex crime is not only worrisome from a criminal standpoint, but allegations of a sex crime alone can completely alter your life, rip apart your family, and destroy your reputation.
These types of charges are associated with especially burdensome penalties, including prison time, living restrictions, extremely burdensome probation conditions, registry requirements, public humiliation, difficulty finding a job or apartment, inability to obtain government benefits, and trouble maintaining custody or visitation rights.
Section 35-42-4 of the Indiana Code criminalizes certain offenses such as rape and sexual battery as sex crimes. To fight false accusations or unfair arrests, it is absolutely crucial that you have a team of dedicated Indianapolis criminal defense lawyers on your side.
Comprehensive Legal Defense for Various Types of Sex Crimes in Indianapolis
Eskew Law represents Indianapolis and Indiana residents accused of:
- Child molestation
- Rape
- Criminal deviate conduct
- Sexual misconduct
- Sexual misconduct with a minor
- Child seduction
- Child solicitation
- Prostitution
- Sexual Battery
Child Molestation Defense in Indianapolis: Legal Insights
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 (also known as “the date rape drug”)
Defending Against Rape Charges in Indianapolis
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.
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.
Legal Defense for Sexual Misconduct with a Minor in Indiana
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
Expert 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 is sexual intercourse is involved.
Facing Child Solicitation Charges in Indianapolis: What to Know
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
Legal Representation for Prostitution Charges in Indianapolis
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.
Defending Against Sexual Battery Allegations in Indiana
Sexual battery is the 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.
Effective Defense Tactics for Sex Crime Accusations
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 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.
Eskew Law represents 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.
We customize representation based on your needs, the facts of your particular case, and options available to you based on your circumstances. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and the rest of Indiana.
To speak with an Indianapolis sex crime lawyer and schedule your consultation, call Eskew Law at (317) 974-0177 or contact us online today.
