A conviction for a rape in Indianapolis carries severe, lifetime consequences for those convicted. In addition to the legal consequences, there can be damage to your career and your reputation that is irreparable. Indianapolis sex crimes attorneys of Banks & Brower have the track record of proven results that you need when faced with a rape charge. Our attorneys are former prosecutors who have dedicated themselves to helping those accused of rape in Indianapolis get the best possible outcome.
Rape Laws in Indianapolis
Indiana state law defines rape as knowingly or intentionally having sexual intercourse with another person or causing them to perform or submit to other sexual conduct.
For rape to have occurred, the other person must:
- Be compelled by force or threat of force.
- Be unaware the sexual conduct is occurring.
- Be mentally disabled or deficient so that they are unable to consent.
If any of these apply, the sexual conduct is rape.
In Indiana, rape is a level 3 felony. In certain circumstances, this can be a level 1 felony. If the use or threat of deadly force is involved, if the perpetrator was armed with a deadly weapon, if serious bodily injury occurred, or if the victim was furnished with a drug without their knowledge, the rape is a level 1 felony.
Ramifications of a Rape Conviction
A level 3 felony carries 3 to 16 years incarceration and up to a $10,000 fine, while a level 1 Felony carries 20-40 years incarceration and up to a $10,000 fine.
In addition to incarceration and fines, many jobs are not available to someone who has a felony conviction on their record. This may result in an inability to get many jobs, or the ability to get promotions in certain areas of work.
A rape conviction will also result in the court placing you on the national sex offender registry list. This will require re-registration each year, or more frequently, as well as whenever the convicted sex offender moves. Some details will be publicly available, including your name and address, in most cases.
Defenses to Rape Charges
The first and foremost defense is innocence. The prosecution must prove that you were the person who raped the victim. In many cases there is evidence proving sexual contact occurred, in which case the prosecution must prove that the contact was non-consensual. A defense to rape in these cases would be to show that you had consent to the sexual contact. If the prosecution alleges the victim was unaware of the sexual contact, it will be necessary to show that they were aware and able to give consent. If the prosecution is alleging that the victim did not have the mental capacity to give consent, your defense will be to show that the victim is mentally competent to consent to sexual contact.
It may be the victim has some reason to lie about the sexual contact. Bringing out the facts of the case can demonstrate that you had consent and make clear the reasons a victim would lie. In other cases, the victim may simply be mistaken about the identity of the person who assaulted them. Establishing facts about your whereabouts during the time the assault took place, or details about the person who did commit the rape, can affirm your innocence.
Insanity is also a defense to rape charges. If you lacked the mental ability to understand what you were doing at the time, or the inability to understand right and wrong, you may not have been mentally competent to commit a crime. Proving insanity is difficult, but with expert testimony of counselors and mental health professionals, it may be possible to establish that you lacked the mental capacity to be held criminally liable for a crime that was committed.
