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A question and answer perspective of a family member whose loved one is facing a sex crime and jail

A question and answer perspective of a family member whose loved one is facing a sex crime and jail

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…

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Teachers in the News: The Crime of Child Seduction

Teachers in the News: The Crime of Child Seduction

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…

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Indiana Special Conditions for Adult Sex Offenders

Posted in On April 25, 2019

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…

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Offenses that Qualify as Sexually Violent Predator, In Indiana

Posted in On April 22, 2019

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…

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Non-resident Sex Registry Requirements in Indiana

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…

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New Sex & Violence Offense Laws in Indiana 2018

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…

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Lifetime Sex Registry in Indiana

A Quick Guide to Lifetime Sex Registry in Indiana When you are facing a sex crime allegation, the stakes are incredibly high. Be it from a risk of significant time in jail, to high fines, to the sex registry, to the social stigma of the conviction, sex crimes are often thought of as the one of, if the not the most significant, charges you can face. As such, without question, the sex registry is one of…

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What is a Sexually Violent Predator in Indiana?

Despite the obvious consequences that result from a conviction for a serious crime, convictions for certain crimes also cause the offender to become labeled a sexually violent predator (SVP).  By law, a sexually violent predator is somebody “who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”  IC 35-38-1-7.5. Accordingly, a person convicted of a crime that causes them to be labeled as a sexually…

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