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Sex Crimes and False Accusation in Indiana 

In the heart of the legal landscape, the specter of false accusations looms large, casting shadows of doubt and fear among the accused and the accusers alike. In Indiana, the issue is particularly pressing, given the stringent legal measures and societal implications surrounding certain crimes. The specter of a false accusation in Indiana that is sexual in nature is particularly harrowing, carrying with it a stigma that can irreversibly alter an individual’s life path, irrespective of the eventual legal outcome. The ensuing social ostracization, coupled with potential employment and relationship fallout, underscores the urgent need for sound criminal defense and legal representation.  

The Indiana criminal defense attorneys at Keffer Hirschauer LLP are no stranger to false accusations, having defended many innocent Hoosiers over the years. We understand everything that is at stake when you’ve been falsely accused of a crime, and we are here to be your advocate and defender. To begin addressing these accusations today, contact an Indianapolis sex crimes attorney today at 317-857-0160 or complete our online contact form to schedule a free consultation. 

Indiana Sex Crimes Attorney

Overview of Indiana’s Sex Crime Laws 

There is a broad array of criminal offenses that are considered sex crimes in Indiana, including ones that involve the use of force or pertain to conduct involving or relating to minors. The seriousness of these offenses, and the weight of the potential consequences for those convicted, vary. However, most individuals convicted of a sex crime will carry with them a felony criminal record.  

Indiana Sex Crimes  

  • Rape: Having sexual intercourse, or causing someone to submit to or perform other sexual conduct, by way of force (without consent) or with a victim who is legally unable to consent  
  • Sexual battery: Fondling/touching a person for sexual arousal by force, threat of force, or without consent, even if the person being touched is unaware  
  • Prostitution: Performing or agreeing to perform sexual intercourse or other sexual conduct, in exchange for payment or other goods  
  • Human trafficking: Selling or transferring custody of either a child or adult for the purpose of participating in sexual conduct  

Indiana Sex Crimes Related to Minors   

  • Child exploitation: A range of offenses including both child exploitation and possession of child pornography, criminalizes the production, exhibition, possession, and dissemination of material considered to be obscene and involving the depiction of anyone under the age of 18 years old  
  • Sale or distribution of obscene matter: This self-explanatory offense is elevated to a Level 6 felony if the victim is under the age of 18 years old  
  • Vicarious sexual gratification/sexual conduct in presence of a minor: Directing, aiding, inducing, or causing a child under age 16 to touch him- or herself or another child less than 16 years old for the child’s or the viewer’s sexual gratification  
  • Child solicitation: Commanding, authorizing, urging, inciting, requesting, or advising by an adult of a child less than 14 years old, or believed to be under the age of 14, to engage in specified sexual acts  
  • Sexual misconduct with a minor: Sexual intercourse, deviate sexual conduct, or fondling or touching with intent to sexually arouse either the minor or the accused when the minor is 14 or 15 years old  
  • Child seduction: Sexual intercourse, deviate sexual conduct, or fondling or touching by a stepparent, adoptive parent, adoptive grandparent, guardian, custodian childcare worker, or military recruiter with intent to sexually arouse either a minor (aged 16 or 17) or the accused  
  • Child molesting: Sexual conduct with someone less than 14 years old, even if the accused believed the child to be over the age of 14 at the time of the conduct  
  • Unlawful employment by a sexual predator: Employment or volunteering by an offender against children or a sexually violent predator at a prohibited list of locations including schools, parks, and youth program centers  

The Indiana Sex Offender Registry 

Beyond one’s criminal sentence, some offenders may also need to register with the Indiana sex offender registry for a minimum period of 10 years, and in some cases, for life, as prescribed by Indiana Code 11-8-8-19. While required registration with the registry is tremendously damaging to one’s reputation and livelihood, it also places harsh restrictions on their day-to-day life. Some of the more prominent sex offender restrictions in Indiana include being employed at a variety of places, communicating with children, entering certain locations, and under some circumstances changing their name.  

In addition, sex or violent offenders are prohibited from knowingly or intentionally violating their sex offender registration requirements. Per Indiana Code 11-8-8-7, when a sex or violent offender fails to register when required; fails to register in every location required; makes a material misstatement or omission while registering; fails to register in person; or does not reside at their registered address; they may be charged with a Level 6 felony in Indiana. 

Signs of False Accusation in Indiana 

With extensive experience in criminal defense, particularly sex crime defense, the attorneys at Keffer Hirschauer LLP have been able to identify a handful of signs that often accompany involving false accusations in Indiana. These signs include but are not limited to shifting narratives; the absence of corroborating evidence; ulterior motives; contradictions in witness testimony; and patterns of dishonesty.  

Signs of False Accusation in Indiana 

  • Shifting Narratives and Inconsistencies: One hallmark of many false accusations is the fluidity and inconsistency in the accuser’s story. Details that morph over time or contradict tangible evidence can be red flags, signaling a foundation built on falsehoods rather than facts. 
  • The Absence of Corroborating Evidence: In cases hinging on physical allegations, the absence of corroborating evidence can significantly undermine the accuser’s claims. The lack of physical evidence, particularly in the context of sex crimes, often points towards a narrative constructed without a basis in reality. 
  • Exploring Motives for False Accusations: Unveiling potential motives behind a false accusation can be illuminating. Whether driven by revenge, financial incentives, or a bid for sympathy and attention, understanding the accuser’s motivations can offer crucial insights into the credibility of their allegations. 
  • Witness Testimonies and Contradictions: Witness accounts that starkly contradict the accuser’s narrative can be pivotal. These testimonies, especially when they align with the accused’s version of events, can serve as a bulwark against unfounded claims. 
  • Historical Patterns of Dishonesty: An accuser’s history of dishonesty or prior engagement in false accusations, though not definitive on its own, can provide context and lend weight to the defense’s argument against the credibility of the current allegations. 

It’s important to understand that Indiana’s legal apparatus treats allegations of a sex crime with a level of severity that is reflective of the serious nature of these offenses. This heightened scrutiny often means that the falsely accused face an uphill battle in proving their innocence, contending with potential outcomes like wrongful imprisonment, mandatory sex offender registration, and substantial legal costs. The social ramifications are equally dire, with the accused often subjected to a trial by public opinion that precedes any formal legal judgment. 

In the face of a false accusation in Indiana, particularly those involving sex crimes, the experience and guidance of seasoned legal counsel is invaluable. A skilled Indiana defense attorney will be well-versed in the laws surrounding the case at hand, as well as the procedural nuances that accompany criminal allegations. This means they’ll be able to guide and counsel their client appropriately, each step of the way.  

An experienced attorney will also be adept at meticulously gathering and analyzing all pertinent evidence, from digital communications to forensic findings. This will allow them to construct a tailored defense strategy grounded in factual accuracy and legal precision. This will be significantly helpful if the case makes it to trial, where the attorney can mount a vigorous defense, challenging the prosecution’s case and advocating passionately on behalf of the accused. 

Aside from their legal duties, defense attorneys offer invaluable emotional and strategic support, guiding the accused through the legal process’s complexities and uncertainties. This holistic approach to legal defense can be a lifeline for those facing the turmoil of false accusations. 

Facing a False Accusation in Indiana?  

In Indiana, the shadow of a false accusation, especially of a sex crime, can loom long and large over an individual’s life. Recognizing the signs of such accusations and understanding the indispensable role of legal counsel are critical first steps in navigating these treacherous waters. It’s a journey fraught with challenges, but with the right knowledge and support, navigating the path to justice and vindication is possible. 

For those ensnared in the nightmare of a false accusation in Indiana, remember – knowledge is your shield, and expert legal counsel is your sword. Armed with both, you can fight for your rights and reputation, aiming for a resolution that restores your name and allows you to move forward with your life. 

Keffer Hirschauer LLP employs some of Indiana’s leading sex crimes defense lawyers and is led by two former deputy prosecutors who have successfully prosecuted and defended against sex crimes charges before. This means that our firm understands how the prosecution may approach your case, and which defenses have proven most effective in the past. Given this, we are not afraid to explore every avenue and exhaust every option in pursuit of proving your innocence. We’ll do everything in our power to protect your fourth, fifth, and sixth amendment rights and ultimately, secure the best possible outcome in the case against you.  

To begin addressing these allegations today, contact our firm at (317) 751-7186 or schedule a free confidential consultation using our online scheduling platform. 

Summary
Article Name
Sex Crimes and False Accusations in Indiana
Description
This article addresses the topic of sex crimes and false accusations in Indiana; including five signs of false accusations.
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Keffer Hirschauer LLP

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