Non-consensual sexual contact, whether or sexually touching an adult or child, is a crime in Indiana. Aggravating circumstances increase penalties because of their serious or malicious nature. The in Indiana is 16. The table below highlights the rape and sexual assault laws in Indiana. Code Sections Indiana Code What is Prohibited? It's illegal to or have oral, anal, or vaginal sex or penetrate the genitals or anus of another with an object by force, threat of force, or while the person was incapacitated due to mental disability or unconsciousness. Rape is a Level 3 felony, unless are present, namely the use of deadly force or weapon, causing serious bodily injury, or using date rape drugs. Aggravated rape is a Level 1 felony. Also, or touching another person to sexually arouse yourself or the victim by force, threat of force, or when the person is mentally disabled so consent for the touching can't be given. Sexual battery is also touching a person's genitals, buttocks, or female breasts when the person is unaware the touching occurred. Aggravating factors for sexual battery are the same for rape. Sexual battery is a level 6 felony or a Level 4 felony if aggravated. If aggravating factors are present, it's a Level 1 felony. If aggravating factors exists, it's a level 2 felony. If aggravating factors are present, it's a Level 1 felony. If the victim is under 14, the crime of sex or sexual conduct is called , a Level 3 felony. It becomes a Level 1 felony with the same aggravating factors as rape or if the defendant is 21 years or older even if supposedly consensual. If a person fondles or sexually touches a child under 14, it's a Level 4 felony, raised to Level 2 for aggravating circumstances. A person can be convicted of attempted child molestation, if he or she believed the child to be under 14 at the time, even if the child wasn't. Some people or websites may still refer to the old A-D system. Defenses Innocence, insanity, and other can apply to rape. Consent can be a defense to sex crimes, if the person involved was over the age of consent, was conscious, and wanted the sexual contact, for example. However, consent is only a defense to some, limited cases where the child and young adult are around the same age. Similarly, some individuals with intellectual disabilities can't consent as well. For child molesting and sexual misconduct with a child, Indiana law permits the defense that the accused reasonably believed the child was at least 16 at the time of the sexual activity as long as not committed through force or by using weapons or date rape drugs. While some cases are fairly straightforward, others hinge on specific evidence and the reliability of witness testimony. If you've been charged with sexual assault or a related crime, it's a good idea to contact an experienced in Indiana to learn more about your rights and options.
