Sexual Battery Laws in Indiana
According to Indiana Code 35-42-4-8, a person commits sexual battery (a level 6 felony) if they, with intent to arouse or satisfy sexual desires, do any of the following:
- Touch another person through the use of force or threat of force
- Touch someone who is mentally disabled or otherwise unable to give consent
- Touch another person’s genitals when that person is aware that the touching is occurring
Sexual battery charges can be upgraded to a level 4 felony if the offense was committed:
- Using or threatening deadly force
- While armed with a deadly weapon
- By drugging or incapacitating the victim without their knowledge
Penalties & Jail Time for Sexual Battery Charges in Indiana
Indiana divides felonies into levels from one to six, with level 6 being the least severe. First-time offenders are more likely to face lighter punishments, but the consequences are specific to the details of each case.
A level 6 felony conviction in Indiana can bring a jail sentence of up to two and a half years plus a fine of up to $10,000.
A level 4 felony conviction can also result in a maximum fine of $10,000 but can bring a more severe term of incarceration up to 12 years.
Other Possible Consequences of Sexual Battery Charges
Those convicted of sexual battery in Indiana may face other consequences besides criminal penalties. For example, registration as a sex offender will likely be required for at least 10 years. In cases of repeat offenders or severe sexual violence, individuals may be required to register for life. Being on the sex offender registry can place restrictions on nearly all aspects of your life, including:
- Where you live
- Where you work
- Your internet and social media use
- Alcohol consumption
You will also be required to notify neighbors and others about your status as a sex offender.
In addition, those convicted of sex crimes such as sexual battery may suffer issues such as:
- Difficulty finding employment or housing
- Strained social relationships
- Loss of privacy
- Child custody issues
- Loss of professional licenses
How To Against Sexual Battery Charges
Being charged with sexual battery doesn’t mean your life is over. You have legal options to fight the charges against you, and your sexual battery lawyer can devise a strategy best suited for your case. Common defense strategies might include:
Valid Consent
If you can prove the sexual contact with the alleged victim was consensual, battery charges can be dismissed or significantly reduced. Witness statements and communication records such as text messages can be used to establish consent.
Lack of Evidence
The state needs strong evidence against you to secure a sexual battery conviction. Your sexual battery lawyer can collect evidence, argue that the prosecutor has not met their burden of proof, and negotiate to reduce or drop the charges.
Mistaken Identity
Alleged victims of sexual battery might experience overwhelming or conflicting feelings about what happened. If drugs or alcohol were involved in the incident, recollections can become even hazier. Victims may misidentify their assailant, leading to a case of mistaken identity. Your lawyer can use GPS data or eyewitness testimony to prove you did not commit the offense.
Call Our Indianapolis Sexual Battery Attorneys Today
If you or a loved one is facing a sexual battery charge, it’s important to have a skilled Indianapolis defense lawyer on your side. At Hessler Law PC, we understand the stakes are high and the legal process can be complex and overwhelming. Our team of experienced sexual battery defense attorneys has a deep understanding of Indiana law and a proven track record of success. We will work tirelessly to build a strong defense and protect your rights throughout the legal process. Contact us today to schedule a confidential consultation and start building your defense.