If someone has alleged that committed rape or sexual battery against them, early and active legal representation is your best chance to avoid serious, life altering consequences.

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Allegations of rape and sexual battery vary in their level of severity, their consequences, and their facts, but all of them can ruin lives, destroy careers, and carry the threat of lengthy prison sentences followed by onerous registration requirements.

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The Stracci Law Group provides experienced, thorough, and aggressive representation for individuals facing all varieties of Rape and Sexual Battery charges in Northwest Indiana. Regardless of the allegation, we work quickly to help you understand the what comes next, preserve potentially vital evidence such as text messages and social media posts, develop a custom strategy for your defense.

 

Rape

Rape covers a variety of factual allegations, but requires sexual intercourse or other sexual conduct, or an attempt to engage in sexual intercourse or other sexual conduct.

• How sexual intercourse or other sexual conduct becomes rape:​

  1. Performing the act when the other person is unaware that it is occurring. This can mean by way of sleep, intoxication, or other unconsciousness.

  2. Performing the act on a person who is too mentally deficient or disabled to give consent. This can mean they are too intoxicated, too developmentally disabled, or too physically disabled.

  3. Compelling another to submit to the act by force or threat of force.

 

 

• Prior to 2014, Rape was limited to sexual intercourse.

  1. Compelling other conduct was called criminal deviate conduct.

  2. "Other sexual conduct" was called "deviate sexual conduct," but encompassed the same acts such as oral sex, and digital or object penetration.

  3. Severity of charges, penalties, and enhancements were all the same.

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Rape is a Level 3 Felony punishable by 3 to 13 years in prison, but it can be enhanced to a Level 1 Felony, punishable by 20 to 50 years in prison, under the following circumstances:

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1. use or threat of deadly force, such as threatening to kill or using force that carries a substantial risk of death;

2. use of a deadly weapon;

3. actually causing serious bodily injury; or

4. secretly giving the victim a controlled substance, or taking advantage of a person having been secretly given a controlled substance (for example "roofies").

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A conviction for Rape carries consequences beyond just a prison sentence:

1.  A conviction for Rape may result in being a "credit restricted felon," making a long prison sentence significantly longer;

2. A conviction for Rape requires registration as a sex offender.

3. ​Under certain circumstances, a conviction for Rape can result in being declared a "sexually violent predator," which imposes many significant restrictions on where you can live and work, what sorts of electronics or programs you can use, and even who you can associate with!

 

 

Sexual Battery

Sexual Battery is similar to Rape, but involves only a touching with intent to satisfy or arouse the sexual desires of the person touching or another person.

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• That touching becomes sexual battery when:

  1. Compelling another to submit to the touch by force or threat of force; or

  2. Touching a person who is too mentally deficient or disabled to give consent.

• Touching also becomes sexual battery when the other person is unaware of the touching, but only if the buttocks, genitals, or female breast are touched.

 

 

Sexual Battery is a Level 6 Felony, punishable by up to 2 1/2 years in jail, but becomes a Level 4 Felony, punishable by 3 to 13 years in prison under the following circumstances:

 

1. use or threat of deadly force, such as threatening to kill or using force that carries a substantial risk of death;

2. use of a deadly weapon;

3. secretly giving the victim a controlled substance, or taking advantage of a person having been secretly given a controlled substance (for example "roofies").

 

 

Allegations of Sexual Battery can have unexpected consequences!

1. Sometimes prosecutors will charge simple sexual battery as Attempted Rape.

2. A Sexual Battery conviction results in sex offender registration requirements.

3. Depending on the circumstances, Sexual Battery convictions can still result in being declared a "sexually violent predator."

 

 

Schedule a Free, Confidential Consultation About Your Northwest Indiana Rape or Sexual Battery Allegation!

If someone has alleged that you committed Rape or Sexual Battery in Northwest Indiana, we invite you to contact us to learn more about your case. We offer free, comprehensive, and confidential consultations, and we want you to feel confident that we are the best choice to defend your legal rights. The best defense to Rape and Sexual Battery allegations requires quick action before you have even been charged with a crime. To discuss your case with the Stracci Law Group, please contact us today at 210-525-1000!