Spousal Rape is a Crime in Indiana

For decades, many states have had exemptions in their rape statutes for spouses, including Indiana. Essentially, it was not considered a crime for a person to rape someone they were married to. 

This is no longer the case in Indiana, as well as every other state in the country. Indiana’s rape statute provides no exemption for spouses accused of raping the person they’re married to. 

What Constitutes Rape in Indiana? 

Indiana makes it a crime to knowingly or intentionally have sexual intercourse with another person (or to cause the other person to perform or submit to sexual conduct) when: 

• The other person is compelled to do so by force or threats of force; 
• The other person is unaware that the sexual contact is taking place; 
• The other person is unable to consent due to their mental disability or deficiency;
• The accused disregards the other person’s attempts to “physically, verbally, or by other visible conduct refuse” the accused person’s acts. 

There is nothing in Indiana’s definition of rape that prevents the law from being applied between spouses. 

What Level of Crime is Rape? 

Rape is a Level 3 felony, with a potential penalty of 3 to 16 years in prison and a $10,000 fine. It’s a Level 2 felony in cases where: 

• It’s committed by using or threatening deadly force; 
• It’s committed by someone armed with a deadly weapon; 
• It results in the serious bodily injury of the victim; 
• The victim has received a so-called “date rape” drug or other controlled substance without the victim’s knowledge, and the defendant is aware of it. 

A Level 2 felony carries a potential sentence of 10 to 30 years and a fine of $10,000. 

There is no reduction in the potential sentence for rape if the defendant happens to be married to the victim.  

Razumich & Associates Can Help if You’ve Been Accused of Spousal Rape

If you have been accused of spousal rape, you’re facing serious prison time that can ruin your life. You need the help of an experienced criminal defense attorney, one who knows how to fight for the rights of their clients and defend them against some of the most serious charges they are likely ever to face. Razumich & Associates has that experience, and we are here to provide you with a vigorous defense to the charges against you. 

Call Razumich & Associates today at 317-449-8661 or use our contact form to schedule a free consultation to learn more about how our experienced criminal defense attorneys are ready to provide you with the defense you’re entitled to under the law.