‘That which we call a rose, by any other name would smell as sweet’ (Juliet, Act 2 Scene 1)
In almost every single sex-based crime that is charged in Indiana, the stakes couldn’t be much higher. Whether someone is facing high fines, a lengthy prison sentence, a long-term sex registration, and/or the public stigma of a sex-based conviction, it is no wonder we receive so many calls on these types of cases. Many times peoples’ lives are on the line and they are desperate for guidance and help from an experienced Indianapolis Sex Crimes Attorney. Therefore, it’s only natural that they would be looking for any defense available to combat any and all sex-based allegations.
Age of Content in Indiana
Interestingly, for the longest time (and as is the case in most instances), age is the determining factor in determining the penalty range of a sex-based crime. For example, the age of consent in Indiana is 16. An adult, so long as they don’t have a position of power or trust over the 16 year old, may have a consensual sexual encounter with anyone 16 years of age and older. Many people are surprised to hear the age of consent is less than 18 years old in Indiana. Moreover, the penalty ranges of crimes like child molest and sexual misconduct of a minor significantly increase based on the Defendant’s age and the the alleged victim. For example, crimes involving victims between the ages of 14-16 aren’t nearly as severe as crimes against those 13 and below. Furthermore, crimes of defendants between 18 and 21 are typically less harsh than when the defendant is over the age of 21.
Indiana Dating Laws. How Do Indiana Dating Laws Work?
Indiana’s dating laws regulate relationships involving minors and aim to protect them from exploitation or coercion, but they do not explicitly prohibit consensual dating. Instead, the legal framework focuses on defining the age of consent and imposing penalties for unlawful sexual activity involving minors. In the state, the age of consent is set at 16 years old, meaning individuals under this age cannot legally agree to sexual activity.
Critical elements of Indiana dating and sexual activity laws include:
- Age of Consent Requirements: Individuals must be at least 16 years old to legally consent to sexual activity. Relationships involving anyone under this age can result in criminal charges for the older party.
- Close-in-Age Exemptions (Romeo and Juliet Law): Protections exist for consensual relationships between individuals close in age, as outlined by the Romeo and Juliet Law, which is further explained below.
- Penalties for Violations: Violating Indiana’s age of consent laws may result in felony charges, mandatory sex offender registration, and other serious outcomes.
For example, Indiana Code IC 35-42-4-9 specifies penalties for engaging in sexual activity with minors, as it imposes penalties based on the age difference and specific circumstances of the relationship, with harsher consequences for situations involving coercion, significant age gaps, or authority figures such as teachers. Offenses under this code can result in felony charges and mandatory sex offender registration, mainly if the minor is under 16. These laws ensure accountability while protecting minors from harm.
Additionally, the state’s broader sex crime statutes emphasize protections against exploitation. As outlined in the Indiana Code on Sex Crimes, the law addresses situations involving coercion, manipulation, and exploitation of minors to guarantee they are safeguarded from predators.
What is the Romeo & Juliet Law In Indiana
But, have you ever heard of the Romeo and Juliet defense in Indiana? Many people have not. In fact, when most people hear of it, they think it’s a joke. Luckily for many, it is not. So what is it? While the age of consent in Indiana is 16, this rule allows 14 and 15 year old juveniles to partake in consensual sexual activity with peers so long as that sexual partner is no more than 4 years older than them. This law was created to protect those that had been in a dating relationship prior to engaging in sexual conduct, and by the nature of timing, became an age where the sexual conduct would be illegal if it were to continue. The specifically states that no crime was committed so long as:
- The defendant is less than 21 years of age
- Is not more than 4 years older than the alleged victim,
- The defendant and the alleged victim were in an “ongoing personal relationship” prior to the sexual activity,
- No deadly force nor threat of force was used
- No serious bodily injury resulted
- No coercion was used by way of drugs or a controlled substance
- No position of power, authority, influence, or trust was used to influence the relationship
The Indiana Romeo and Juliet Law Can Apply
The Romeo and Juliet Law in Indiana can apply to protect young individuals in consensual relationships when their ages fall within a specific range, and the circumstances meet the law’s requirements. This exemption aims to avoid unfair criminal penalties for consensual relationships between minors, as long as particular conditions are satisfied.
The law applies under these important conditions:
- Close Age Gap: The younger individual must be between 14 and 15 years old, and the older cannot be more than four years older. For example, a 15-year-old and a 19-year-old in a consensual relationship may qualify for this exemption, depending on other factors.
- No Exploitation or Coercion: The relationship must be entirely consensual, and no force, coercion, or manipulation can be involved. Relationships where one party holds significant power or influence over the other (e.g., teacher-student relationships), are excluded.
- Intent to Protect Consensual Acts: The purpose of the law is to protect consensual relationships from being treated as felonies, verifying that young individuals are not unfairly labeled as sex offenders for consensual behavior within close age ranges.
Indiana Code IC 31-34-1-3 further clarifies circumstances where minors are considered to need protection. This includes situations where they are placed at risk due to harmful behavior or illegal activities involving adults. The Romeo and Juliet Law certifies that such relationships are reviewed fairly under legal guidelines, balancing protection for minors with fairness in consensual cases.
Contact Banks & Brower
As you can see, what would be a crime but for this rule is no longer a crime thanks to this rule. Any good Indianapolis Sex Crimes attorney with any experience would be able to spot this defense and have the charges dismissed. So, if you or a loved one are facing a sex-based crime, give the experienced Indianapolis Criminal defense attorneys at Banks & Brower, LLC a call today. We are available 24/7 at info@banksbrower.com or 317.526.4630.