Sexual assault charges are serious, but many people feel unsure about what falls under this category. The idea of sexual assault can be an umbrella term that includes misdemeanor and felony charges. If you have found yourself in a situation where understanding the legal definition of sexual assault is important, the Valparaiso sex crimes lawyer from The Law Office of Joseph M Roberts may be able to help you gain some clarity.
How Does Indiana Law Define Sexual Assault?
Indiana state law outlines sexual assault and sex crimes in 35-42-4. Generally speaking, crimes of sexual assault are centered around non-consensual actions for sexual gratification. If convicted, these charges are often a felony, though they may occasionally qualify as a class A misdemeanor.
What Are the Main Types of Sexual Offenses in Indiana?
There are several forms of behavior that the state of Indiana considers a form of sexual assault.
Rape
Indiana law defines rape as any instance in which a person knowingly or intentionally has sexual intercourse or causes another person to submit to, or perform other sexual conduct. This may be using fear or intimidation to force compliance, the person is unable to provide consent because they are unaware that the act is taking place, or when the other person is otherwise unable to legally consent due to developmental delays or age restrictions.
Additionally, the law may consider intercourse to be sexual assault if the accused disregarded the other person’s attempts to refuse the act.
Sexual Battery
Sexual battery refers to an action where a person, without consent, touches another to satisfy their own sexual desires or obtain sexual gratification. This can include touching someone when they are compelled by the threat of violence or danger, unable to consent due to age or mental status, or the person is unaware that the touching is happening.
Child Molestation
Child molestation occurs when someone performs or submits to sexual acts with a child under the age of 14 or with someone whom they believe to be under the age of 14. This might include fondling or touching with the intent to satisfy sexual desires.
Molestation may also include incidents in which an adult knowingly instigates or encourages a child to touch or fondle themselves or another child, and those in which the adult exposes the child to sexual acts or content.
Child Exploitation
Child seduction and exploitation typically refers to the possession of child sexual abuse material. This includes sharing or possessing images or videos of children engaging in sexual conduct or otherwise exposing their genitals or a female child’s nipple.
Instigating Factors in Indiana Sexual Assault Charges
There are several pieces of context that may affect how sexual assault charges are prosecuted. Including whether the victim sustained bodily harm, whether there was a weapon present, or whether there are allegations of physical violence.
If you are facing sexual assault charges, you may benefit from the support of a criminal defense attorney who can help you diminish or dismiss the charges against you.