Do you know that at the beginning of 2000, individuals ages 10 to 12 married and were involved in sexual activities?
Then after considering the seriousness of the situation, some states of the US, specifically Indiana, established a law called the “Indiana age of consent law” to avoid such types of crimes. According to the Indiana age of consent law, people below the age of 15 are not allowed legally to consent to any sexual activity.
Similarly, if the age of consent is not followed, the offender would be convicted of Statutory rape in the case of a consensual crime. The sentences vary widely depending on the nature of the crime.
However, you(the offender) can also defend yourself against the Indiana age of consent by figuring out any clerical mistakes in age and examining the age gap between you (the offender) and the victim.
Since you have enough idea about the Indiana age of consent, now scroll down to learn its details.
What Is the Age of Consent In Indiana?
The term “age of consent in Indiana” means the minimum age at which a person is legally unable to consent to sexual activities.
Accordingly, the legal age of consent in Indiana is 16 years. So if a person is older than 16, they have consented to do so, but if they are younger than 16, they cannot engage in sexual activity.
However, when one person is not willing to carry out the sexual activity, or if one of the partners is young, it is considered sexual misconduct in Indiana. Therefore, if a person is involved in sexual activities with a minor (a person less than 16 years old), they are charged with committing a sexual crime.
It would be helpful to look at the following terms related to the Indiana age of consent.
Also Read: Signs Your Case Will Be Dismissed
Statutory Rape Law
In Indiana, the statutory rape law means consensual sex; you are involved in sexual activity with an individual (below the age of consent., i.e., 16 years).
Related to this rape, a person younger than 16 is called a victim. While the adult (person older than 16) is called an offender.
So if you are unfortunately involved in statutory rape, there are great chances to convict you of sexual misconduct, including severe punishments.
How To Defend Yourself In the Case of a Statutory Rape?
In the case of statutory rape, there is a possibility to defend yourself. You can be eligible for this if you (the offender) are older than 16 years and you and the victim are fewer than four years apart. In addition, you both should also be in a relationship for quite a long time.
Under the circumstances stated above, you can request your defense against the each state age of consent violation. Another way of getting a waiver in your charges is the Romeo and Juliet Law. Hence, keep reading to know how to defend yourself in the case of statutory rape (in the defend section).
Sentences For Not Obeying the Indiana Age of Consent Laws
Since rape or sexual misconduct is a significant crime, its sentences are also disastrous worldwide. However, if we talk specifically about Indiana, the criminal can be convicted of the following punishments.
You can be arrested and then imprisoned for at least 115 years. While in severe cases, jail time can be as long as 120 years. So you can consider it a lifetime jail. The jail time of offenders varies according to levels of the offense in Indiana, such as shown underneath:
- In the case of a level 1 crime, the sentence could be 20 to 40 years.
- In the case of level 2, 10 to 30 years.
- In the case of a level 3, 3 to 16 years
- In the case of a level 4, 2 to 12 years
- In the case of a level 5, 1 to 6 years
- In the case of a level 6, 6 months to 40 months.
You will get fined at least $100,000. Similarly, it could be more than $100,000 as well.
You(criminal) are also considered a sex offender. It means the inability to find jobs, sound properties, and financial help.
But these are the most basic punishments for conducting a sexual crime in Indiana. That is why you should be limited to these because they can vary to a high level depending upon the seriousness of the crime.
Also Read: What Is Inappropriate Marital Conduct
Ways To Defend Yourself Against the Age of Consent In Indiana
Scroll down to learn which defense way an expert attorney can follow to help you remove from the troublesome scenario.
1. Indiana Romeo and Juliet Law
In simple words, it is an age-exemption law in Indiana. It was developed to serve as a basis for the defense against the violation of Indiana age consent.
According to the Indiana Romeo and Juliet Law, in consensual sex, if both people are close to each other, they are privileged from the age consent law charges, but things can vary just like New Jersey Simple Assault guidelines.
In short, you can understand it by supposing that one or both sexual partners are below the Indiana age of consent. Still, they don’t significantly differ in their ages. A professional attorney can drop the charges against them by applying the Indiana Romeo and Juliet Law.
2. Defense On The Grounds Of Marriage
When you (the offender) are married to the victim, having sex with the victim cannot prosecute charges against you.
3. Mutual Understanding
This factor plays a significant role in defending you from the age consent charges. Let us suppose that a third person has brought your case, but you and the victim have mutual consent, and then the third person or the prosecutor cannot file a case against you.
4. Mistakes In Ages
Exceptions are always there. The same is the case with charges for violating Indiana age consent. Accordingly, if the minor is under 16 or the offender is considered under 18. Still, in reality, they are both above the age consent criteria. Then at this stage, you can raise your voice for your defense. The prosecution is most likely first to research your age, and if they find you above the age of consent, your charges will get dropped.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.