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Indianapolis criminal defense lawyers

Indianapolis Rape Lawyer

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Why Choose Our Rape Attorney in Indianapolis?

Rape is a very serious criminal charge that carries a lifetime prison sentence upon conviction. Even if you are only accused of rape, you can still face serious consequences if the allegations are false. If you are convicted of rape, you will have to register as a sex offender for the rest of your life, which can severely limit your employment and housing opportunities, as well as your ability to travel. Because of the serious consequences of a rape conviction, you need a strong, aggressive Indianapolis rape lawyer on your side to fight the charges against you. At The Criminal Defense Team, we have a dedicated team of sex crime attorneys in Indianapolis who are ready to aggressively defend you against your charges. We understand how stressful and confusing it can be to be charged with rape and we can help you navigate the legal system so you can get the best possible outcome in your case.

Facing rape charges? Contact our Indianapolis rape attorneys at (317) 687-8326 for a confidential case evaluation.

How Our Indianapolis Rape Defense Attorneys Can Help If You’re Facing Criminal Charges

If you are facing rape charges or believe that you are being investigated for a sex crime, it is crucial that you work with an experienced criminal defense lawyer. Some of the reasons you should consider hiring our firm is because we can:

  • Thoroughly investigate your case – Our team of former prosecutors and Board-Certified Specialists know that these types of accusations often arise from misunderstandings or false allegations. We can uncover reasons why the alleged victim has made these accusations and develop effective legal defenses.
  • Move for an early dismissal of charges – If there are errors in the charging documents or insufficient evidence to support your arrest, we can take immediate steps to move to have the charges dismissed.
  • Protect your rights – We can advise you of your rights and be present during interrogations to protect you at every stage of the process.
  • Prepare pre-trial motions – We can meticulously evaluate the prosecution’s case and file pre-trial motions, such as motions to suppress evidence that was obtained during an illegal search or turn over exculpatory evidence that could help exonerate you.
  • Build an effective legal defense – When you hire The Criminal Defense Team, you get not one but two highly experienced criminal defense lawyers in Indianapolis. We build a collaborative legal strategy to oppose the prosecution’s case against you.
  • Give you the attention and dedication you deserve – With two lawyers on your team, you know you will always have the personal attention and dedication you deserve. We can answer your questions and give you up-to-date information about your case so you can make informed decisions.
  • Advocate for your best interests – Whether through a favorable plea bargain or an acquittal at trial, we provide trusted legal advocacy that is tailored to achieve your specific objectives.

Learn more about how we can help when you contact us for a confidential consultation.

What is Rape?

In Indiana, rape is defined as sexual intercourse with another person by force or the threat of force. This means that engaging in sexual activity with another person against their will or without their consent constitutes rape. Consent is a crucial factor in determining whether an act constitutes rape. Lack of consent can result from physical force, threats, coercion, or when the victim is unable to provide meaningful consent due to incapacitation or mental incapacity. Rape charges can be brought against:

  • A man who forces a woman to have sex with him
  • A woman who forces a man to have sex with her
  • Two people who force each other to have sex with each other

Rape is a serious crime that is punishable by a lengthy prison sentence, as well as a lifetime of being registered as a sex offender. If you are facing rape charges, and are being registered as a sex offender, you need a strong and aggressive sex offender attorney in Indianapolis on your side who will work hard to get your charges reduced or dropped altogether.

What are the Penalties for Rape?

Rape is a Level 3 felony, which carries a potential prison sentence between 3 and 16 years, as well as a fine of $10,000. However, rape can be elevated to a Level 1 felony under certain aggravating circumstances. These circumstances include:

  • Victim’s Age: If the victim of the rape is under the age of 12, the offense is automatically elevated to a Level 1 felony. This recognizes the heightened vulnerability and the need for increased punishment when the victim is a young child.
  • Victim’s Mental Disability: If the victim has a mental disability, and the offender is aware of this disability, the offense can be elevated to a Level 1 felony. This provision is intended to protect individuals with mental disabilities who may be more vulnerable to sexual exploitation.
  • Use of a Deadly Weapon: If the offender uses a deadly weapon during the commission of the rape, it can also be enhanced to a Level 1 felony. The use of a weapon adds an additional layer of danger and potential harm to the victim.

A Level 1 felony in Indiana is one of the most serious offenses, and the penalties reflect this severity. The potential sentence for a Level 1 felony can range from 20 to 40 years in prison, depending on various factors, including prior criminal history.

Defenses You May Be Able To Raise In Your Case

The Criminal Defense Team can mount a formidable defense on your behalf, based on the particular circumstances surrounding your case. Depending on the particulars, we might raise defenses such as:

  • Consent – The alleged victim may have consented to the sexual act but regretted it later, leading to unfounded rape charges.
  • Mistaken identity – Victims of rape who were drugged or who could not see the assailant could have mistakenly identified the defendant when someone else committed the crime.
  • False allegations – Some allegations of rape come about because the alleged victim has a vendetta against the defendant.
  • Alibi – It may be possible to show with receipts, cell phone records, or other evidence that you could not have possibly committed the crime because you were somewhere else at the time.
  • DNA evidence – While DNA evidence can sometimes help convict defendants charged with sex crimes, they can also sometimes help exonerate them. For example, the DNA sample may not match yours, or there may not be any DNA when some would have been assumed to be present given the facts.

An experienced Indianapolis rape lawyer can determine which defenses are most likely to be successful based on the particular details of your case.

What is the Statute of Limitations for Rape in Indiana?

Under Indiana law, there is no statute of limitations for rape charges. This means that a person can be charged with rape at any time, even if the alleged crime happened decades ago.

Statutory Rape Laws in Indiana

Statutory rape is a criminal offense that involves sexual intercourse between an adult and a minor who is under the age of consent. This is a very serious offense and the penalties can be harsh. In Indiana, the age of consent is 16 years old. This means that individuals who are 16 or older are considered legally capable of providing informed and voluntary consent to engage in sexual activity. Indiana law has a provision known as “Sexual Misconduct with a Minor.” This law applies when an adult engages in sexual activity with a minor who is at least 16 years old but under 18 years old. Here are some key points about this law The penalties for sexual misconduct with a minor can vary depending on factors like the age of the offender and the presence of aggravating circumstances. Level 5 felonies in Indiana can result in a sentence of 1 to 6 years in prison, while Level 4 felonies can carry a sentence of 2 to 12 years.

Contact Our Indianapolis Rape Defense Attorneys

At The Criminal Defense Team, we have a dedicated team of criminal defense attorneys who are ready to aggressively defend you against your charges. We understand how stressful and confusing it can be to be charged with rape and we can help you navigate the legal system so you can get the best possible outcome in your case.

Facing rape charges? Call (317) 687-8326 or contact our Indianapolis rape lawyers online to let us defend you immediately.