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 whom 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, 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 for 10 years for 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.
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