If you have been arrested or charged with any type of sex crimes, you must contact Indianapolis sex crimes attorney Randall Parr immediately. Often, these cases turn on the credibility of the victim or the intent of the person accused of committing the crime. As with all criminal charges, the State and prosecutor must prove beyond a reasonable doubt that the defendant committed all elements of the crime. It is part of a criminal defense attorney’s job to make sure the government meets that burden.
There are many different kinds of sex crimes, and being convicted of any single one can result in severe long-term consequences. A non-exhaustive list of sex crimes under Indiana Code 35-42-4 includes rape, child molestation, possession of child pornography, child seduction, sexual misconduct with a minor, and various sex offender violations.
These kinds of cases can be very emotionally charged, and yet also extremely fact-sensitive. Having any kind of sex crime charges filed against you is very serious, and the consequences can be severe. Getting convicted of a sex-crimes offense can mean a jail sentence, plus being required to register on the Sex Offender Registry that is accessible to the public.
Below are some of the different types of sex crimes that I defend:
Rape
It is a Level 3 felony to knowingly or intentionally have sexual intercourse with another person or to knowingly or intentionally cause another person to perform or submit to other sexual conduct if certain circumstances exist. It is a Level 1 felony–the highest level of criminal charges except murder–if someone uses deadly force, threatens to use deadly force, has a deadly weapon, causes serious bodily injury to the victim, or commits the act after providing the victim with a drug.
Getting charged with rape can have disastrous consequences for every aspect of your life. It is essential that you hire a criminal defense lawyer that understands the process of defending against rape charges and has significant experience defending allegations.
Child Molestation
It is a Level 3 felony to knowingly or intentionally perform or submit to sexual intercourse or other sexual conduct with a child under fourteen (14) years old. However, the offense is a Level 1 felony if the person accused of the crime is at least twenty-one (21) years old; committed the crime using or threatening to use deadly force or a deadly weapon; results in serious bodily injury; or commits the acts by providing the victim with a controlled substance, or knew the victim was furnished with a controlled substance without the victim’s knowledge; or results in transmitting a dangerous sexually transmitted disease if the alleged defendant knew of the infection.
Even if there is not actually sexual intercourse, it is a Level 4 felony to perform or submit to any fondling or touching of either a child under fourteen (14) years old or the older person with the intent to arouse or to satisfy the sexual desires of either the child or the alleged defendant. But, it is a Level 2 felony if the act is committed using or threatening deadly force; is committed while armed with a deadly weapon; or the commission of the offense is facilitated by furnishing the victim, without the victim’s knowledge, with a drug or controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.
Child molesting can also include situations where the victim is actually fourteen years old or older, but the alleged defendant thought the victim was under fourteen (14) at the time of the act.
Are there any defenses to child molesting?
What if a person accused of child molesting thought the alleged victim was older than 14? In some circumstances, that may be one of the defenses that an experienced and assertive lawyer will use. Indiana law allows that defense if the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct, so long as the offense was not committed by using or threatening the use of deadly force or while armed with a deadly weapon; the offense results in serious bodily injury; or the offense was facilitated by furnishing the victim, without the victim’s knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.
If you have been charged with rape, child molesting, incest, or any type of sex crime, contact Indiana criminal defense attorney Randall Parr to begin preparing your defense.
*See complete Indiana Code for full description of all crimes and statutes. This is a partial listing only.