It is often said that accusations, alone, are enough to change a life — nothing shows that more than a charge of Rape. The word, standing alone, says it all. It doesn’t require any explanation, and most people make an assumption as to what it means just in hearing the word. It is then sensationalized as a headline in the news to garner clicks, but all too often people don’t really know the intricacies of the charge itself and what it takes to prove it, let alone the ramifications.
For example, most people don’t realize that Rape is often charged without a single piece of physical evidence — i.e. no DNA, no photos, no videos, no medical records, no text messages, no bodily fluids collected or tested, no experts, no crime scene photos, etc. As can be even scarier to hear, many upon many people have been convicted on simply words alone. While the law states that witness testimony is direct evidence, the thought of words alone bringing about an accusation and ultimate charge without corroborating physical evidence does and should scare people.
While Rape is obviously a charge that should be taken seriously and many are truly victimized by others, the criminal defense industry is starting to see many more cases that are questionable in filing. Investigations that don’t track down potential witnesses or collect available, physical evidence. Investigations that are thrown together without an effort to determine the relationship between the parties, if substances played a role for either or both people, and/or the potential for biasedness between the accused and accuser. Sadly, it seems, there has been a shift to rush to file first, figure it out later — all without taking into consideration the carnage and public humiliation that follows the filing of charges. Regardless, if innocence is later determined, once the charge is made public and hits the internet, the damage is already done to the accused’s reputation.
Nevertheless, Rape is charged as knowingly or intentionally having sexual intercourse with another person and/or intentionally causing another person to perform and/or submit to other sexual conduct. This can be proven under the following scenarios:
(1) why the alleged victim is compelled by force or the imminent threat of force,
(2) the other person is unaware the sexual intercourse or sexual conduct is occurring,
(3) the other person is deficient or disabled mentally at to be unable to consent, or
(4) the defendant disregards the other person’s attempts to physically, verbally, or by other means, refuse the sexual advances.
Without any aggravators, Rape is most commonly charges as a Level 3 felony. That sentence carries with it a penalty of 3 to 16 years, with an advisory sentence of 9 years. However, if the use or threat of a deadly weapon is used, the person is armed with a deadly weapon, the alleged victim is seriously injured as a result of the actions of the defendant, and/or a drug or other controlled substance is given to the alleged victim by the defendant prior to the sexual encounter without their consent, the Level 3 is up-filed to a Level 1. That carries a much higher penalty range of 20-40 years, with an advisory sentence of 30.
Rape, no matter the level, always carries with it a lifetime registry and parole — a civil consequence that many have argued is harsher than the criminal penalties themselves. As a result, it is obvious to see that Rape is one of the few charges that can forever change a person’s life, regardless of a finding of guilt or innocence. The stain remains no matter the outcome in most cases. That is why it is crucial that you hire an experienced Indianapolis sex crimes attorney to fight your case. Ask them how many sex crimes cases they have handled, in what counties, and if they have actually litigated them before. When your life is on the line, experience matters.
If you or a loved one are facing a possible Rape accusation or charge, give the experienced litigators at Banks & Brower, LLC a call today. We are available 24/7/365 at 317.870.0019 or by email at info@banksbrower.com. We have the skills to fight for you.
