Understanding the Criminal Justice System
Indiana law generally prohibits sexual contact between someone 18 years of age or older and a child under the age of 16. Depending on the circumstances, a defendant charged with sexual misconduct with a minor could be charged with a felony; how serious a felony depends on the alleged circumstances of the sexual contact.
A defendant 18 years of age or older who has sexual intercourse with a minor under the age of 16 can be charged with a level 5 felony. If they are 21 or older, they can be charged with a more serious level 4 felony. If violence, threats of violence, a deadly weapon, or certain drugs or controlled substances are involved, the defendant can be charged with a level 1 felony.
When the allegations are that a defendant who is 18 years of age or older fondled or touched a minor under the age of 16, the defendant can be charged with a Level 6 felony. If they’re 21 or older, the charge can be increased to a level 5 felony. And if violence, threats of violence, weapons, or drugs are involved, the defendant can be charged with a level 2 felony.
There are some defenses to sexual misconduct charges. These do not apply in any case where threats, weapons, or drugs were used in connection with the contact with the minor.
One defense is if the defendant “reasonably believed” that the child was 16 years of age or older.
Another defense is that the child “is or has ever been married.”
A third defense is if the defendant is not 21 years of age, is not more than 4 years older than the victim, and was in a “dating relationship or an ongoing personal relationship” with the victim at the time of the sexual contact. The defendant may not be “a person having a position of authority or substantial influence” over the victim and may not have a prior conviction for a sex offense. The defense does not apply if the defendant was promoting prostitution.
As you can see, a charge that you’ve committed sexual misconduct with a minor is a very serious one. Depending on the circumstances, you could face months, years, or even decades in prison. Even after your release, you’ll be required to register as a sex offender. You need the help of an experienced criminal law attorney, one who understands Indiana’s criminal laws and court procedures and who will fight to defend you against the allegations you’re facing.
At Razumich & Associates, we regularly defend clients accused of serious crimes, including sex offenses such as sexual misconduct with a minor, in courts all across Indiana. We will protect your rights and vigorously defend you against the power of the state. Call us today at 317-449-8657 or use our contact form to schedule a confidential, no-obligation consultation with one of our experienced criminal defense attorneys. If you’ve been charged with a sex crime, your future is on the line; let Razumich & Associates help you protect it!
