What Are Consequences of an Indiana Rape Conviction?

If an individual is involved in non-consensual sexual contact, whether rape or sexually touching an adult or child, they have committed a crime in Indiana. Penalties for the crime will vary based on the degree of violence, threat of force, type of weapons used, or other “aggravating” factors involved and also the age of the victim and defendant. The addition of aggravating circumstances will undoubtedly increase penalties because of the serious or malicious nature of the crime committed.

What is Rape?

The general definition of rape is: “the forced, unwanted intercourse; violation of a person’s body; an act of sexual violence”.

According to the law in the State of Indiana, rape is defined as:

“A person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when:

  • the other person is compelled by force or imminent threat of force; or
  • the other person is unaware that the sexual intercourse is occurring; or
  • the other person is so mentally disabled or deficient that consent cannot be given.

Rape is a Class B felony. It is a Class A felony with the use of deadly force or weapon. While forced, unwanted oral or anal sex is also considered a criminal offense and is covered by other state laws.

What are the Statute of Limitations for Rape or other forms of sexual misconduct in the State of Indiana

To file with the court an intention to pursue prosecution or litigation. The time frame begins at the time of the incident.

Criminal Statute of Limitations

  • Felony criminal case (rape): 5 years
  • Misdemeanor or criminal case (sexual assault): 2 years
  • Criminal deviate conduct (oral or anal rape): 5 years

Civil Litigation Statute of Limitations

  • Civil litigation (rape or sexual assault): 2 years

If Convicted of a Rape in Indiana

Again, rape is a violent crime that with a conviction comes very serious consequences of lengthy prison sentences, probations and fines. In Indiana, some of the consequences for a rape conviction are as follows:

  • Level 1 Felony – 20-40 years incarceration and a fine of up to $10,000
  • Level 2 Felony – 10-30 years incarceration and a fine of up to $10,000
  • Level 3 Felony – 3-16 years incarceration and a fine of up to $10,000
  • Level 4 Felony – 2-12 years incarceration and a fine of up to $10,000

In addition to time in jail, an individual convicted of rape charges can expect to experience the following:

  • Registration as a Sexual Predator

Because the State maintains a public database of predatory offenders, registrants are often harassed and ostracized by society.

  • Asset Forfeiture

If the property was used or intended for use to commit or facilitate the commission of certain criminal sexual conduct offenses, the State may seize the property.

  • Permanent Loss of Firearm Rights

A conviction for a crime of violence results in immediate revocation of your right to possess a firearm.

  • Deportation (If an immigrant.)

A conviction for criminal sexual conduct, or other disposition resolving the case, may result in immigration consequences for both undocumented aliens and lawful permanent residents.

  • Loss of Professional Licensing

A criminal sexual conduct conviction will likely result in the loss of a professional license.

  • Reduced Housing Opportunities

Sexual offenders and convicted felons traditionally experience limits in housing opportunites.

  • Community Service

Generally speaking, a criminal conviction for a violent crime results in a community service requirement mandated by the court. A conviction for rape is no different.

  • Reduced Job Opportunities

An individual convicted of a felony traditionally has difficulty and limits as to what employment opportunities are available.

  • Reduced Expungement Opportunities

In Indiana, sexually based crimes are considered to be exempt from an expungement. Meaning, a conviction for rape in Indiana means that there is no opportunity to get an expungement in Indiana, for the crime of rape.

Facing a Rape Conviction in Indiana?

If you or a family member is facing a criminal conviction for rape in Indiana, a criminal defense attorney, a practiced sexual crime defense lawyer to help with your defense. Contact an attorney right now.