Few things are more devastating to a person than being charged with sex crimes. A conviction could derail a future, damage a reputation, and lead to a lifetime of difficulties.
Understanding Indiana’s age of consent laws can help you fight any accusations of statutory rape or other related crimes. Learn about the law, how it is expressed, and what exceptions exist.
Romeo and Juliet Clause
When it comes to underage sexual activity, laws differ state-by-state. In some states, such behavior is prosecuted as statutory rape if it occurs between individuals who are less than the age of consent, while other states have what is known as a “Romeo and Juliet Law” on the books. This exception to the age of consent laws is designed to prevent severe legal repercussions for young people who engage in consensual sexual activity with someone close to their own age.
The Romeo and Juliet Law permits individuals who are 14 or 15 years of age to engage in non-forced sexual activity with a peer no more than four years older than them. This is because the ages of these two individuals are close enough that both parties understand and agree to the sexual relationship. It is important to note that this law does not protect teen couples from other illegal acts, such as drug and alcohol abuse or underage prostitution.
For example, a high school teacher may have to register as a sex offender under the current age of consent laws if they are involved in a romantic or sexual relationship with one of their students. The school might have to terminate the teacher’s employment and lose their teaching license. While Indiana’s Romeo and Juliet law does not completely exempt these individuals from criminal charges, it is a step in the right direction. It recognizes that a power imbalance in these types of relationships can make truly informed and free consent impossible.
If you or your child is facing statutory rape charges, it is important to speak with an attorney immediately. They can provide the best chance of keeping your loved one out of jail and avoiding a permanent record that could affect their ability to get a job in the future. Contact us today to schedule a free case evaluation with an experienced Indiana statutory rape attorney. You will not pay any fees unless we are successful in getting your case dismissed or otherwise resolved. You can trust our attorneys to aggressively fight for you.
Prohibited Consensual Sexual Activity Laws
As with many other states, Indiana has laws that specifically prohibit certain kinds of sexual activity between adults and minors. Depending on the specifics of the case, these can result in serious criminal charges and penalties. This is why it’s important for adults and teens alike to understand these laws.
One of these laws, known as the Romeo and Juliet exception, protects young people from being prosecuted for consensual sexual acts that are between two individuals who are close in age. This exemption, which is named for Shakespeare’s teenage lovers, does not exempt consensual sex between any person who is more than four years older than the other party from prosecution.
This exemption recognizes that power imbalances can make it impossible for a person to give truly informed consent in the context of a sexual relationship. It also helps to protect teenagers from being exploited by adults who may be in a position of trust or authority over them. For example, a high school teacher may be in a position of authority over their students, so it would be against the law for them to have a romantic relationship with an underage student.
A separate Indiana law, called vicarious sexual gratification, makes it illegal for adults who have positions of trust or authority over children to engage in sexual activities with them. This includes coaches and teachers. This is a level 5 felony that can be escalated to a level 6 if certain circumstances are present, such as when the adult intends to satisfy their own sexual desires through the child’s body.
Statutory rape is another offense that can be charged when someone of an older age knowingly engages in sexual conduct with a minor under 16. This type of crime is a level 1 felony and is punishable by up to $10,000 in fines.
As a general rule, it’s important for anyone who has been accused of violating these types of laws to contact a knowledgeable criminal defense attorney right away. A skilled lawyer can examine all of the details surrounding your case and help you build a strong legal defense.
Emancipation of Minors
In Indiana, the legal age of majority is 18. Once a minor reaches this age, they become adults in the eyes of the law. However, they may still be legally considered a child in many situations until they are emancipated by a court of law. This process is called emancipation, and it allows the minor to make their own decisions in regard to their finances, medical care, and schooling. Emancipation is not a right that comes automatically, and it is often determined by a family court judge after considering the minor’s maturity level, ability to financially support themselves, living arrangements, and other factors.
A person under the age of 18 cannot enter into contracts, get married, or take out student loans. They are also not considered capable of making sexual choices without their parents’ or legal guardians’ consent. However, some states have laws in place that allow minors to seek a court declaration of emancipation before they reach the age of 18.
There are various types of emancipation; some require parental involvement or approval. For instance, a parent can file a petition for emancipation for their child to make them eligible to vote, obtain a driver’s license, and engage in some other forms of adult activity. However, other methods of emancipation allow minors to move out of their home, receive financial assistance, and choose their own doctors and other professionals.
Most states have laws that protect people who are close in age from sexual offenses such as statutory rape. These laws are commonly referred to as Romeo and Juliet laws, and they can decrease or eliminate the punishments for these types of offenses. The only catch is that the older partner cannot be more than four years older than the younger one.
In addition, the older person must not have a relationship with the victim prior to turning 18. They also cannot be in a position of trust or authority over the minor, and they must not use any force to initiate sexual activity. Additionally, the victim must be at least 16 years old to consent to the activity.
Exceptions to the Age of Consent
There are a few exceptions to Indiana’s age of consent for relationships. First, the law does not prohibit sexual activity between a 16-year-old and an 18-year-old in same-sex relationships. However, if an 18-year-old dates a 15-year-old, they can be charged with statutory rape.
A 19-year-old can also be charged with statutory rape if they engage in sexual activity with someone who is under the age of 16. This is because Indiana views people under the age of 16 as incapable of giving informed consent to engage in sexual activities.
However, there are some situations in which the age of consent can be raised to 18. These include when the older partner is the younger person’s parent, stepparent, adopted parent, or legal guardian and when the older partner has a position of authority over the young person, such as a teacher.
The purpose of Romeo and Juliet laws is to avoid criminalizing underage sexual relationships that are consensual. It is often the case that teens who are close in age experiment sexually, even if they have not reached the legal age of consent. In some cases, these underage sexual experiments can be harmful. It is not fair to punish these teens with felony charges.
It is also important to note that consent must be voluntary, explicit, and specific. In addition, it is not a good idea to assume consent based on the way someone looks or acts. For example, a person may give their consent by holding their hand or by saying “Yes.”
If you have any questions about Indiana’s age of consent laws or any other issues related to relationships and sex crimes, an experienced attorney can help. Contact a sex crime lawyer to schedule a consultation. The sooner you get a lawyer involved, the better your chances of avoiding serious consequences. An experienced sex crimes lawyer can examine the facts of your case and discuss various defense strategies with you. In some cases, your lawyer might recommend a plea bargain or other alternative to a full felony charge. This will reduce your punishments and the impact on your life.
