Rape / Sexual Battery

Northwest Indiana Sexual Battery and Rape Defense Lawyer

A conviction for rape or sexual battery is life altering. It can expose you to a term of incarceration and a sex offender registry requirement. This sex offender registry requirement could follow you around for the rest of your life. 

If Indiana has charged you with either of these two offenses or if you suspect that a charge is coming, you need to act now. Don’t talk to the police under any circumstances--retain a sexual battery and rape lawyer instead. The sexual battery and rape attorneys at Stracci Law Group serve Crown Point [46307, 46308], Gary [46402, 46404, 46405], Portage [46368, 46403], Valparaiso [46383, 46385], and elsewhere in Northwest Indiana. With four former prosecutors, one of which was a  founding member of the Lake County Prosecutor’s Office Special Victims Unit, you can’t find a team of defense lawyers better equipped to defend you.

What Is Considered Rape?

In Indiana, a rape occurs when the defendant knowingly or intentionally has sexual intercourse with another person or causes another person to perform or submit to other sexual conduct without that person’s consent. 

The other person does not consent when:

  • The defendant uses force;
  • The other person is unaware of the sexual conduct (unconscious, for example); or 
  • The other person is so mentally disabled that they are unable to grant meaningful consent.

“Sexual intercourse” refers to an act that includes any penetration of the female sex organ by the male sex organ.

Enhanced Penalties for Rape

The penalty range for Rape can be enhanced if any of the following aggravating factors apply: 

  • It is committed by using or threatening the use of deadly force
  • Actual possession of a deadly weapon
  • Results in serious bodily injury to a person other than a defendant
  • It is facilitated by furnishing the other person with a drug without that person’s knowledge 

What is Considered Sexual Battery?

Under Indiana law, the difference between rape and sexual battery is that sexual battery involves sexual touching that does not constitute “sexual intercourse.” Instead, sexual battery involves touching another person in order to arouse or satisfy their own or another person's sexual desires without consent. 

Enhanced Penalties for Sexual Battery

Under Indiana law, the penalties for sexual battery can be enhanced if one of three aggravating factors apply:

  • It is committed by using or threatening the use of deadly force
  • Actual possession of a deadly weapon
  • It is facilitated by furnishing the other person with a drug without that person’s knowledge 

Possible Penalties for Rape and Sexual Battery

In Indiana, penalties for sexual battery and rape include:

  • Rape, Level 1 Felony: 20 to 40 years
  • Rape, Level 3 Felony: 3 to 16 years 
  • Sexual battery, Level 4 Felony: 2 to 12 years
  • Sexual battery, Level 6 Felony: 6 months to 2.5 years 

If Indiana convicts you of any of the foregoing crimes, the state will require you to register as a sex offender from 10 years to the rest of your life.

How Can Stacci Law Group Defend You Against a Rape Charge?

No matter what the charge, a prosecutor must prove you guilty “beyond a reasonable doubt.” Many rape allegations come down to a “he said, she said” situation. A rape attorney from Stracci Law Group will aggressively investigate and defend your case. Some of the defenses that might apply include:

  • Consent
  • False accusation
  • Mistaken identity
  • Violation of your constitutional rights
  • Insufficient evidence

Stracci Law Group Can Also Help If You are Charged With Sexual Battery

In Indiana, many sexual battery cases boil down to the accuser’s word versus the defendant’s word, with little other evidence. We will fight to make sure you have the best possible defense. Do not hesitate to contact Stracci Law Group today, even if you are in jail, to set up a consultation.

No items found.

Exceeding
Expectations

“Stracci handled my personal injury case and exceeded all expectations. My family and I are thrilled with the recovery. I would never go anywhere else. His staff went above and beyond. Thank you very much for everything.”
Niko P., Injury Case
“Paul Stracci and his entire legal team are not only aggressive and insanely knowledgeable, but they also make you feel at ease during what is already a stressful situation. They know what they are doing, they are honest, and you can trust you’ll get the best possible outcome. They have a phenomenal criminal court and personal injury practice. Only the best works at this firm and I highly recommend them to anyone who needs great representation. You won't be disappointed.”
Jen, Injury Case
“Attorney Stracci and the team treated me and my case like I was their only client. Very professional and stayed in constant communication until receiving the disposition we aimed for!  I would highly recommend Stracci Criminal Defense to all for any legal concerns or issues.”
Paul M., Criminal Case
“With being suspended from my job for allegedly costing them money through a workman compensation injury. Not only was Mr. Stracci very detailed and kept in touch constantly he prove that I was completely innocent and got the bogus case completely dismissed quickly. He personally contacted me throughout the entire case, not like other lawyers that you don't speak to at all besides in the courtroom. I will recommend him to anyone and everyone.”
Amanda, Injury Case
“I hired Paul Stracci to represent me in a felony firearms case. He and his team were able to reach a very favorable outcome within 3 months. They are competent and professional in every way. You will not regret seeking his counsel.”
Aaron, Criminal Case
“Hired Paul the day after I got out of Lake County for a DUI. I explained my situation and told him about priors. He was still confident even after I explained that this was a 3rd. I hired him and about a month later the charge was dropped! Wish I had a Paul Stracci to hire in my younger years.”
Michael, Criminal Case
“Joshua Malher is a fantastic attorney. We reached out to him for a case, and he responded immediately, and we began the process. He explained the situation with clarity, and the results were outstanding. I highly recommend Joshua to anyone who may need a criminal or personal injury attorney.”
Sonia Mendez, Injury Case
“Paul Stracci is the best lawyer I’ve ever had in my life. Throughout the times I’ve been misfortunate enough to have legal troubles or needed legal advice Stracci Law Group has always had my best interest at heart and it has always worked out in my favor. I’d personally recommend Stracci Law Group to anyone who may need legal counsel for whatever reason.”
Anthony Davis, Personal Case
“I couldn't be more satisfied with the services Paul provided and the results he was able to achieve for me in my criminal case.”
Cory, Criminal Case
How can we help?

Committed professionals providing unmatched service for your personal injury and criminal defense needs.

Stracci Law Group is proud of the multifaceted team it has assembled and looks forward to putting its combined talents and resources to work on your case.
How can we help?
FAQ

What should I do if I don’t remember what happened?

If you cannot remember what happened, other evidence (besides your memory) will have to be used to defend you. Contact us immediately so that we may begin preserving and gathering the evidence that exonerates you, while it is still available.

Can a woman rape a man?

Yes, it is possible. Nevertheless, due to the restrictive definition of “sexual intercourse” under Indiana law (see above), as a practical matter, it can be difficult to prove that consent was lacking when penetration actually occurred. In contrast with rape, however, a man can suffer sexual battery as easily as a woman can.

Is consent important?

Yes, consent is absolutely critical. Without consent, just about any sexual act is a crime. With consent, by contrast, acts that would otherwise be considered major felonies are not illegal. Proving consent (or lack thereof) can be difficult under certain circumstances, however.

What is date rape?

The term “date rape” is not a legal term. It is used colloquially to refer to a rape when the defendant and the victim were on a date together or had some type of romantic relationship together at the time of the rape.

Get in touch with us
Today

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Menu
Close Menu