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Harper & Harper | Attorneys At Law
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Over 100 Years of Combined Litigation Experience

Fighting for Northwest Indiana's Injured and Accused

Rape

In Indiana, rape is defined as having sexual intercourse with a member of the opposite sex when the person is compelled by force or the threat of force, or if the other person is so mentally disabled or deficient that consent cannot be given. Forced, unwanted oral or anal sex is also considered a criminal offense and is covered by other state criminal laws.

A rape conviction can result in a substantial prison sentence; in fact, under certain circumstances, such a prison sentence could even be 40 years. Also, a conviction for rape in Indiana may result in the defendant being required to be registered under the Indiana Sexual Defendant Registry.

Because of the seriousness of the charge of rape, if you believe that you may be charged, you should never consent to an interview or discussion with the police until you first have a consultation with an experienced criminal defense lawyer.

Many times, defendants feel that allowing themselves to be interviewed by the police may convince the state that they are not guilty. That is usually false.

Rape is a crime that often ends up being decided by a jury based on whether the jury believes the alleged victim or the defendant. As there are rarely witnesses to an alleged rape, if the state does not have a defendant’s admission of guilt, the crux of most rape trials comes down to one person’s word against another’s. The defense to rape can be that the victim is lying or that the intercourse was consensual.

At Harper and Harper, LLC, we have defended many people charged with rape and sexual misconduct. If you have been charged, or fear that you may be charged, please call Harper and Harper, LLC, at 219-762-9538 to schedule a free initial consultation. We’ll go over the facts of the case and try to answer what questions you may have. We will also discuss how much our fee would be to represent you and whether or not a payment plan is feasible.

Frequently Asked Questions

What is the definition of rape in Indiana?

Indiana law defines rape as knowingly or intentionally having sexual intercourse with another person when the other person is compelled by force or imminent threat of force, the other person is unaware the intercourse is occurring, or the other person is so mentally disabled that consent cannot be given. Rape is classified as a Level 3 felony, or a Level 1 felony when committed with a deadly weapon, resulting in serious bodily injury, or when the victim is under certain circumstances.

What are the penalties for rape in Indiana?

Rape as a Level 3 felony carries a sentencing range of 3 to 16 years with an advisory sentence of 9 years. Rape as a Level 1 felony carries a range of 20 to 40 years with an advisory sentence of 30 years. Additionally, a rape conviction requires mandatory sex offender registration, which may be for life.

What is the statute of limitations for rape in Indiana?

There is no statute of limitations for rape in Indiana when the charge is a Level 1 felony. For rape charged as a Level 3 felony, the statute of limitations is generally five years, though there are exceptions that may extend this period, particularly when DNA evidence is involved.

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