Understanding the Criminal Justice System
In Indiana, a defendant can be convicted of rape if the person they had sex with someone who is “so mentally disabled” that they are unable to consent to sexual intercourse or other forms of sexual conduct. Courts in Indiana have interpreted this to apply not only to someone who has “lower-than-normal intelligence” but also to “a victim who was highly intoxicated.”
This does not mean that consuming any amount of alcohol or drugs at all will automatically mean that an individual is incapable of consenting to sex. Courts will consider evidence of how intoxicated the alleged victim was when deciding whether they were too intoxicated to consent. Where a “reasonable jury” finds “beyond a reasonable doubt” that the alleged victim was “so mentally disabled or deficient due to” their intoxication that they were “unable to consent to sexual intercourse,” the jury can find a defendant guilty of rape.
This creates a problem for defendants who face rape or sexual battery charges after engaging in what they believed was consensual sex with a person claiming that they were, in fact, too intoxicated to consent. Determining when someone who has consumed drugs or alcohol is “so mentally disabled or deficient” that they are unable to consent to sex is not always easy.
There are, of course, extremes: cases where the person is so obviously drunk or high that they are not functioning rationally or reasonably. But in other cases, the alleged victim may not show outward signs of being significantly intoxicated. It then comes down to how a prosecutor and a jury will view the evidence that the alleged victim was too intoxicated to consent.
The experienced criminal defense attorneys at Razumich & Associates understand Indiana’s rape and other sex crime laws. We regularly defend clients accused of serious sex crimes in courts all across Indiana. We also understand how defendants accused of sex crimes now face even more challenges to their constitutional right to a fair trial; the general public and even some prosecutors and courts seem to be increasingly ready to assume that a defendant accused of a sex crime is guilty before it has been proven beyond a reasonable doubt.
We understand how prosecutors think when pursuing charges in these types of cases. We also know how to defend our clients against sex crime allegations, crimes that can result in decades of prison time, and an obligation to publicly register as a sex offender after that time has been served.
If you’ve been accused of a sex crime in Indiana, you need an experienced criminal defense attorney on your side to protect your rights and vigorously defend you against the charges you face. Call Razumich & Associates today at 317-983-5333 or use our contact form so we can arrange a confidential consultation about your case.
