Understanding the Criminal Justice System
The term “sexually violent predator” has a particular meaning under Indiana law. If someone is convicted of being a sexually violent predator, it means that the law has decided that the person “suffers from a mental abnormality” or from a “personality disorder” that makes it likely that the person will “repeatedly commit a sex offense.”
It applies to a number of different sex offenses, including rape, child molesting, and different forms of vicarious sexual gratification. Anyone convicted of certain types of specific sex crimes described in the sexually violent predator statute is deemed to be a sexually violent predator. There is no requirement that the court make any specific or special determination that the defendant has an actual mental abnormality or personality disorder.
A person can also be convicted as a sexually violent predator if they are convicted of a new sex crime other than those specifically listed in the sexually violent predator statute and they were previously convicted of another sex offense in the past (as an adult or as a juvenile) for which they were required to register as a sex offender.
If a defendant had been convicted of a sex offense as a juvenile and is convicted of another sex offense as an adult, and expert testimony supports a conclusion that they are likely to commit another sex offense in the future, they can be convicted as a sexually violent predator.
In cases where a defendant is convicted of a sex offense that does not automatically qualify them for conviction as a sexually violent predator, the prosecutor may ask the court to conduct a hearing to determine whether the person is likely to commit another sex offense in the future. The court then appoints two psychologists or psychiatrists to examine the defendant and to provide testimony at the defendant’s sentencing hearing. The court will then use that testimony to determine whether to sentence the defendant as a sexually violent predator.
If sentenced as a sexually violent predator, then the defendant will be required to meet more stringent sex offender reporting requirements once they are released.
If you have been accused of a sex crime, you need the help of an attorney who has experience defending clients who face these kinds of serious criminal charges. A conviction of a sex offense can mean not only years or decades behind bars but also years of having the public know where you live as a result of having to register as a sex offender. You need the help of an aggressive attorney who knows the law and who can fight for your rights from day one.
At Razumich & Associates, we know Indiana’s sex offense laws. We know how prosecutors operate. We know the court system and how it works. We will use our experience, our knowledge, and our guts to fight for your rights and to defend you against the charges you’re facing. Call us today at 317-983-5333 or use our contact form to schedule a consultation so that we can discuss your case and tell you more about how we can help.
