It is upsetting to think that sometimes people are falsely accused of committing a crime. Unfortunately, false accusations do happen and sometimes criminal charges are filed against innocent people. In our experience, the most common type of case in which false accusations are made are sex offense cases. As a result, these cases routinely go to trial. The laws and rules of evidence governing what can and cannot be brought up at trial in sex…
As complicated as the Indiana Sex Registry statutes are, we thought it made sense to simplify all the statutes, exceptions, and nuanced factors into simple, easy to understand charts. Below are the two charts simplifying the process. The first chart lists all the Indiana Sex Registry crimes and whether they are 10-year or lifetime registries: D = Defendant AV = Alleged Victim P/G = Parent/Guardian SVO = Serious Violent Offender The second chart below…
I would like to share my story not because it is so unique, but because, I believe, it is all too common. To set the stage, I am the next of kin for my nephew who is now serving time for a Level 4 felony of child molestation. I will reference the 5 stages of grieving developed by psychiatrist Elisabeth Kübler-Ross: Denial, Anger, Bargaining, Depression and Acceptance. Q: As a loved one of someone charged with…
It seems like every single week, somewhere around the country, there is a local and/or national story about a teacher having an “inappropriate sexual relationship with a student(s).” Whether involving high school students or middle school students, there are teachers of both sexes that are consistently being caught having sexual relations with children of all ages and sexes. Given the position of trust that teachers have with their students, the legislature has created a specially…
On any sex-related offense in the state of Indiana where a defendant is placed on probation, barring some extremely limited circumstance, there are always Indiana Special Probation Conditions ordered for Adult Sex Offenders. That leaves a lot of people asking themselves what is required of them while on sex-based probation. While many of the same conditions of probation for general probationers are the same, typically there are additional, more intrusive restrictions placed on Adult Sex…
I.C. Code Offense Special Circumstances 35-4—4-1 Rape None 35-42-4-3 Child Molest Must be a Class A or B felony(under old law) or level 1, 2, 3 or 4 felony under the current law. 35-42-4-5 Vicarious Sexual Gratification, Fondling in Presence of Minor This statute includes causing or directing a minor to fondle their own person, encouraging or causing a minor under 16 to have intercourse with another minor under 16, or an adult fondling themselves…
Do I have to register in Indiana? Most people realize that when they are convicted of a sex offense, they also have to register in the state in which they are convicted or where they live. However, many out of state residents don’t realize that if they visit (for an extended period), work, and/or go to school in Indiana, there may be additional registration requirements here. Even more surprising for some non-Hoosiers is that if…
Every July, the Indiana legislature adds new laws to our books. Here at Banks & Brower we have provided a summary of the new Sex offenses laws that affect the area of criminal law. Sex offenses: Senate Bill 264: “Rape kits” are the standard medical forensic examination kits for victims of a sex crime developed by the state police department. The statewide sexual assault response team advisory council must prepare a report regarding the feasibility…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.