Rape is a serious accusation, and only the alleged victim will likely gain automatic support. It’s a sad reality, but someone could weaponize rape accusations against you, putting your reputation and freedom in danger. If you’ve been accused of rape in Indiana, you might feel that no one is listening to your side of the story.
Bloomington rape defense attorney Allison Chopra is here to listen without judgment and offer aggressive legal support when you need it most. You deserve a strong defense that helps clear your name. Don’t wait if you’re accused of a sex crime—call Chopra Criminal Defense at (812) 671-0103 for a free consultation.
Indiana Rape Laws
Rape definitions vary from state to state, but Indiana outlines rape offenses in Chapter 35 of their Code (IC 35-42-4-1).
Rape Charges in Indiana
Specifically, rape involves causing someone else to have sexual intercourse or perform sexual conduct (as defined in IC 35-31.5-2-221.5) when the other person is:
- Compelled by force or imminent threat of force;
- Unaware that the sexual act is occurring or
- Mentally disabled or deficient enough to where they cannot give consent
- Refusing physically, verbally, or by other visible conduct
Only one of these factors must apply for the offense to be considered Level 3 Felony rape. However, certain aggravating factors will enhance a rape charge to a Level 1 Felony.
Aggravated Rape in Indiana
Aggravated rape – a Level 1 Felony – occurs when any of the following factors apply:
- The defendant used or threatened the use of deadly force;
- The defendant was armed with a deadly weapon;
- The rape resulted in serious bodily injury to another person besides the defendant;
- The defendant provided the victim with drugs or controlled substances without the victim’s knowledge, or the defendant knew the victim was drugged without the victim’s knowledge
It is important to note that a defendant who causes bodily harm to an alleged victim can face sexual battery charges in addition to rape.
Penalties for Rape in Indiana
The penalties for a rape conviction in Indiana will vary based on the severity of the offense.
- Level 3 Felony Rape: three to 16 years in prison and a fine of up to $10,000.
- Level 1 Felony Rape: 20 to 40 years in prison and a maximum fine of $10,000.
If convicted of rape in Indiana, you must register as a sex offender for life after you’re released from prison.
Additional Consequences of a Rape Conviction
Simply being accused of rape can have a ripple effect on your life. It can negatively impact your job, relationships, well-being, and more. A rape conviction in Indiana, on the other hand, is much worse. In addition to possible prison time and sex offender registration, a felony sex offense on your record can lead to one or more of the following:
- Strained relationships
- Deportation or other immigration issues
- Housing restrictions
- Limited job opportunities
- Loss of child custody
Indiana Rape Defense Attorney Allison Chopra
Hiring a female defense attorney for your Indiana rape case can be a strategic and smart choice.
Most reported rape survivors are women, so prosecutors can lean on this idea to build their case against a male defendant. Gender bias can easily influence a jury’s perception of you, the alleged victim, and Indiana’s rape laws entirely. You need an advocate to level the playing field and present the facts clearly and fairly.
As a woman defense attorney, Allison Chopra is uniquely equipped to navigate a rape case and defend your character. With years of experience prosecuting and defending Indiana rape cases, Allison has valuable insight into prosecutors’ tactics and the best ways to weaken their arguments.
You deserve a fair trial and a chance to tell the whole story. Chopra Criminal Defense will fight for you to have one.
We’ll Help You Defend Against Rape Allegations
With any criminal case, prosecutors have an uphill battle to climb. They have the burden of proving your rape charges beyond a reasonable doubt, which means, as the defendant, you don’t have to prove anything. However, we will still need to gather evidence that supports your side of the story and helps undermine the prosecution’s claims.
Common Defenses to Indiana Rape Charges
The most common defense against rape is that the alleged victim consented, but it’s not enough to simply state this. It may be your word against the alleged victim, so you need solid evidence to support your claims. Through utilizing discovery, collecting evidence, and gathering witnesses or expert testimony, rape defense lawyer Allison Chopra can build an effective strategy to argue that you are not guilty.
Perhaps there is evidence that suggests the victim has a motive for lying about the rape or that you were not with the victim when the offense occurred. There may be evidence that the alleged victim was fully capable of giving consent or that you would have been physically unable to overpower them, as the prosecution claims.
We can protect your future from a serious rape conviction in many ways. It is imperative that you speak with a legal professional like Allison Chopra, who understands both sides of the Indiana courtroom and can craft a holistic defense specific to your case.
Don’t Wait to Fight a Rape Accusation. Call Chopra Criminal Defense Today.
Maybe you misread a sexual encounter, made a regrettable mistake, or are a victim yourself – of false rape allegations. Regardless of how the rape charges arose, you deserve someone on your side who can help secure a desirable outcome. At Chopra Criminal Defense, we will fight to protect your best interests from the harm of a rape conviction.
Contact Allison Chopra at (812) 671-0103 to get started with a free, 30-minute virtual consultation.